Henry VIII
November 1528, 21-31

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J. S. Brewer (editor)

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1875

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'Henry VIII: November 1528, 21-31', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 4: 1524-1530 (1875), pp. 2151-2170. URL: http://www.british-history.ac.uk/report.aspx?compid=91342 Date accessed: 02 August 2014.


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November 1528

21 Nov.
Vit. B. X. 142. B. M.
4959. ITALY.
Extract from letters of Gregory [Casale] to [Vannes], dated Bologna, 21 Nov.
His opinion about the General's (Quignones') commission is confirmed. It is five months since an Imperial ambassador ought to have come to the Pope, and then it was put off till the General's coming. Is sure his commissions have been changed since the change of fortune in Naples, and that he only brings good words for the Pope, to prevent him from adhering to the League, especially as the Imperial agents say that only the smallest quantity of corn can be spared from Sicily. Tadeus will leave tomorrow with the bailiff of Rouen, and will go with him past Cassello, which is held by the Spaniards, and difficult for couriers to pass. Wolsey's last letters were in great danger there. Will start for Rome tomorrow. On his arrival, his brother, the prothonotary, will return to Venice. Advises the King to write a letter of thanks to Jacopo Salviati, and to send a present of plate to the card. S. Quatuor.
Lat., pp. 2. Endd.
21 Nov.
Vit. B. X. 145. B. M.
4960. GREGORY CASALE to [VANNES].
Has received his letters from Uso, the courier, together with a letter from Wolsey, dated the 2nd inst. The courier has been at great expence and in great danger at Casello. The couriers must be warned not to go to Tortona without a guard from St. P[ôl]. Will procure an escort of Papal soldiers for them from Tortona to Piacenza. Fears that the poor, compelled by hunger, will rise against the rich, who alone eat bread, the rest living on vegetables. Is staying here to send Thadeus with the bailiff of Rouen. Thadeus says he has spent more than 900 gold pieces, which sum Casale has given him. Asks him to repay them to Antony Bonvisi. Bologna, 21 Nov. 1528. Signed.
Lat., pp. 2.
.. Nov.
Cal. D. X. 364. B. M.
4961. [TAYLER] to WOLSEY.
* * * "... Germyns and have ... your Grace g ... that the Emperor is nothing inclined to p[eace] ... nd all other princes of the League all manner of ... he is surely a prince of high courage. And now the ... have been with the King, and have determined to make ... many of the lanceknights be departed from Milan in to th ... and payments of their wages, and if this good occasion be ... few people there, if there come new aid to the Cæsarians ... difficulty to get Milan than it is now. Out of N ... 600 footmen and 100 of the light horses of the Cæsarians ...
"After the great clade of sickness and death of Frenchmen, t[he Cæsarians] exalting themself of the victory had, nothing by their ... have sith that time used great crudelity, and have behedd[ed several] gentlemen, whom they had suspect to be French, and be ... cyons upon the people, the which hath caused the gentlemen [to be] very desirous of the returning of the Frenchmen, and the s ... in Naples, whereby the Cæsarians be greatly diminished ... thought that the matters of Naples if they be effectuous ... likely to do well.
"Out of Hungary be come letters to the King that Vivoida ... Germyns the which were come into Hungary with the Ky[ng] ... Fernando, as more plainly your Grace shall be informed by th[e ambassador of] Hungary the which cometh shortly in to England, and wi[th him] Mons. Lange, brother to the bishop of Baiona, the which ... to the princes there. He is a gentleman well learned, Græce [et Latine. The queen] of Navarre is delivered of a daughter. Madame is so d ... [that we] cannot speak with her. Furthermore please it your Grace to h[ave a care] what strangers do resort into the King's court and to y[our Grace, for there is] nothing so secretly done in England but the Emperor is shortly [aware of it], insomuch that he knoweth of the receiving and all other ... Card. Campege both at Cales and in England.
"Our ambassadors in Spain lie from the Court 150 miles, [and hear] no secrets of the Court. And Cæsar's ambassadors in E[ngland lie at] the Court, that ever he knoweth what is done. And h[ow they are] there intreated Mr. Sylvester more at large shall show [unto you. More news] we have none at this time; but Almighty Jesu preserve ... you from the inimicorum visibilium et invisibilium insidiis ... Nov. 1528."
Mutilated. Add.
3 Nov.
R. O.
4962. SPAIN.
Extract from Ghinucci's letter, dated Burgos, 23 Nov.
The Venetian ambassador and himself are of opinion that some intrigue is going on between the Emperor and the French king, who is very desirous for the liberation of his children, but that the Emperor is not sincere on his part, and is preparing for war.
Lat., pp. 2, in Vannes' hand.
23 Nov.
Cal. B. VII. 117. B. M.
4963. The BISHOP OF ABERDEEN to MAGNUS.
Has received his letter this 19 Nov. from John Ray, dated Berwick the 18th, desiring his favorable consideration of the proposals made to the king of Scotland by Magnus and other commissioners late at Berwick. Will use his best efforts in that behalf. Does not doubt his letters will be received with favor. The King will have the prisoners unlawfully detained in Liddisdale delivered. Will not undertake to labor in favor of Archibald umquhile earl of Angus, who made promises to the King that he never kept. Two merchants, Francis Bothwill and Adam Hoppare, had a ship taken, laden with fish, in England. Hopes he will help them in their just actions. Adam Otterburn has shown the King Magnus's desire for peace. The dislike to Angus does not proceed from any private cause, as Magnus has been informed. Edinburgh, "the 23rd day of this instant month." Signed.
Pp. 2. Add.: "To my lord archidene of Estiredene." Endd. by Wriothesley: "1528. Letters from the Chancellor of Scotland to Mr. Magnus, dated the 26th day of November. Item, other letters to him from lord Aberdeen, of the 23rd day. Item, a copy of a letter sent by the said Mr. Magnus to the said Chancellor, of the 18th day of November."
24 Nov.
Cal. B. VII. 104. B. M. St. P. IV. 535 (note).
4964. JAMES V. to MAGNUS.
Understands by his letters dated Berwick, 18 Nov., and by the report of Adam Otterburn, his continual labor to increase the amity. Acknowledges Henry's kindness to him during his minority. As to the powers given to the commissioners, it was understood by James and his council that there was nothing to be done at this meeting but to take peace for three years, provided due redress were made on both sides; but the commissioners shall have more ample powers, at the next meeting on 9 Dec., to take peace for five years. Has ordered all English prisoners in Scotland, who have been unlawfully taken, to be set free. Hopes Magnus will cause the same to be done on the part of England. Trusts he will not be asked to incline further to the desire of Angus and his accomplices, considering that when he offered them grace for the King's sake, according to the desire of Angus under his hand and signet, they refused it. Striveling, 24 Nov. Signed.
Add. Endd.: "Letters from the king of Scots to Mr. Magnus, dated the 24th day of November. A copy of the said Mr. Magnus' answer unto the same."
24 Nov.
Cal. B. VII. 109. B. M.
4965. MAGNUS to the LORDS OF SCOTLAND.
Adam Otterburne will inform them that the meeting of the commissioners of the two realms is prorogued till the 9th, the peace to be observed till the 15 Jan. next. Has sent word by John Raye, messenger of Berwick, of forays made by divers Scotchmen, called Trombulls, and others, household servants to Dan Karre of Farnehirste. A town called Mony Lawes wasted, and many Englishmen spoiled. England will be greatly displeased. Regrets that all his efforts for mediation are thus ended. Berwick, 24 Nov.
Pp. 3. Headed by Magnus: "1528. Copy of a letter sent from T. Magnus to the chancellor and lords of the council of Scotland." Endd.: "Letters sent from the chancellor and council of Scotland to Mr. Magnus, dated at Edinburgh, the 26th day of November. Item, a copy of Mr. Magnus' answer unto the same."
24 Nov.
Cal. D. X. 335. B. M.
4966. _ to WOLSEY.
" ... de iis quæ D. tua nobis mandavit, nihil ad ... Caleti ad multos dies equos meos expectantem, qui ... trajeceram, non potu ... prius et voluntati tuæ et desi[derio] ... d aut primum ubi significandum duxi ... accidit culp ... spiceris. Regi Chmo tuo nomine quæ voluisti nunciavi e ... quæ amplitudini tuæ ac probitati plurimas ob causas debetur ... respondit quod ad ea quæ adversa evenerant ... patere ... magis tribuendum quam suorum militum ignaviæ aut ducis temeritati ... argumentis declarare conatus est, eaque at ... animo ut ... esse. Ad ea vero quæ circa ... orum suorum ... versatur d ... quam de virtute suorum questus paucis respondit. Caeterum tum Mti suæ ... quam præpenso erga eam animo ac voluntate esses non egere hoc inq ... me quando M. R. longe antea et hoc potissimum tempore quanta f ... esses facile demonstraveris. Hæc ad te quam primum possum scribe ... nihil a me prætermissum esse quo possem meritis erga me t ... respondere. Ego, D. nostrorum jussu in patriam redeo ... quam fieri velis studium voluntatem atque observant[iam]..."
Faint and mutilated. Headed, in modern hand: "Francia, 24 Nov." Add.: Illmo, &c. D. Thomæ Eboracensi, Cardinali ac Legato. Londini, &c.
24 Nov.4967. The MONASTERY OF WILTON.
Writ to the escheator of Hants and Wilts for the restitution of the temporalities of the above monastery, on the election of lady Isabella Jurdayn as abbess, whose fealty is ordered to be taken by Richard Sudley, clk. Westm., 24 Nov.
ii. Similar writs for cos. Somerset and Dorset, Devon and Cornwall.
Pat. 20 Hen. VIII. p. 2, m. 2.
24 Nov.4968. ST. EDWARD'S, SHAFTESBURY.
Congé d'élire to the prioress and the convent of the above monastery, vice Eliz. Shelford, late abbess, deceased. Westm., 24 Nov.
Pat. 20 Hen. VIII. p. 2, m. 3.
25 Nov.
Cal. B. VII. 107. B. M. St. P. IV. 538 (note).
4969. QUEEN MARGARET to MAGNUS.
Has received his letter, dated Berwick, 18 Nov. Thanks the duke of Richmond for his commendation. Thinks none of his estate more "convenient" to negociate than Magnus, and now is the most special time for the King to show his good mind. The letters he has sent to her son show little affection to her, considering the wrongs she sustained from Angus. Wonders that "your said writing contenit our procuration in favouris of the earl of Angus," considering that since his offences he has given her no cause to continue good princess to him. Notwithstanding that she was exiled for his sake, on her return to Scotland he "behade him rycht oncourteslie" to her, and has so continued, especially during the last three years. Has, nevertheless, forborne to make evil report of him, and superseded executorials and sharp process, which she has against him. Will do him no hurt if he and his friends will be good subjects to her son. Has written often to the King for the promotion of peace, but received no answer. Edinburgh, 25 Nov. Signed.
Add. Endd.: "Letters from the queen of Scots to Mr. Magnus, dated the 25th day of November. Item, a copy of Mr. Magnus' answer to the same."
25 Nov.
Cal. B. VII. 115. B. M.
4970. GEO. BISHOP OF DUNKELD to MAGNUS.
Archd. Douglas has taken one of the Bishop's servants, named William Creichton, who is now in Norham castle, and "ane barne called John Murray, quhilk was ane chylde, passing to the scule with his maister, and innocent of all crymes." Archd. desires money for their ransom. Begs he will solicit the earl of Angus, and have them delivered. Has seen Magnus's writings to the king of Scotland. Edinburgh, 25 Nov. Signed.
P. 1. Add.
25 Nov.
Cal. B. VII. 116. B. M.
4971. ADAM OTTIRBURN to MAGNUS.
Has received his letter from Berwick of 18 Nov. On his return, upon communication held, they had agreed to his desire to postpone all private hatred, and secure the peace of the two realms. Edinburgh, 25 Nov. Signed.
P. 1. Endd.: "1528. Letters from certain of the council of Scotland to Mr. Magnus, dated the 25th day of November."
26 Nov.
Cal. B. VII. 110. B. M.
4972. The CHANCELLOR and COUNCIL OF SCOTLAND to MAGNUS.
Have received his letter touching the attemptates of the Trumbulls. Will write to Dand Ker, of Farnyherst, to make restitution. Hope he will continue his good offices. Edinburgh, 26 Nov. Sealed.
P. 1. Add.
26 Nov.
Cal. B. VII. 120. B. M.
4973. GAWIN ARCHBISHOP OF GLASGOW to MAGNUS.
Received his letter, dated Berwick the 18th, on Thursday 19 Nov., mentioning the meeting for redress and for peace between the realms. The King has convened his Council, and takes this matter well in hand. Touching Angus, the King has written to Magnus. Edinburgh, Thursday, 26 Nov. Signed.
P. 1. Add.
26 Nov.
Cal. B. VII. 116 b. B. M.
4974. SIR WILLIAM SCOTT, of Balwery, to MAGNUS.
Does not write to him at length, because he has appointed to be at Berwick, 9 Dec., for the peace of the realm. Desires remembrance to the captain of Berwick and Master Tempest. Edinburgh, 26 Nov.
Hol., p. 1. Add.: "To my gud auld maister, Maister Thomas Magnus, archdene of Est Ryding, etc."
26 Nov.
S. B.
4975. For GEOFFREY BLYTHE.
To be warden of the college called the King's Hall, in the university of Cambridge, on surrender of a patent of Hen. VII., granting the office to Geoffrey bishop of Lichfield. Del. Westm., 26 Nov. 20 Hen. VIII.
27 Nov.
Le Grand, III. 223.
4976. HENRY VIII. to COUNT BEAUMONT.
Has sent as ambassadors to Francis for the peace Sir Francis Briant, gentleman of the Privy Chamber, and Peter Vannes, one of the King's secretaries, who are to go on to the Pope. London, 27 Nov. 1528.
Fr. Add.: "A nostre trescher et tres amé cousin, le comte de Beaumont, grant maistre de France."
Vit. B. x. 146.
B. M.
4977. The POPE.
Instructions to Sir Francis Bryan and Peter Vannes, sent to the Court of Rome.
On their arrival they shall communicate their charge in France and at Rome to Gregory Casale, who will inform them of what has been written to him in Oct. and Nov. At their audience with the Pope, after delivering the King's letters, they shall explain their charge to the French king touching peace, and say that the King, hearing of the mission of the bailiff of Rouen, sends them to congratulate the Pope on his return to Rome; to understand the overtures for peace made by Giacomo Salviati; to tell him of the strange answer made by the Emperor to Silvester Darius upon the articles newly devised for removing the difficulties, on which the intimation ensued, which seems to the King merely devised to put suspicion between him and the French king, as there is no word of accepting the overtures; and, finally, a device which the Emperor should know to be impossible, that is, a particular peace with the King, without Francis. They shall also mention the other qualification spoken of by the Chancellor and John Alman, asking what advertisement the Pope has had thereof from Spain. Nothing will be done without the mutual consent of the two Kings, and Henry will do all he can for the furtherance both of particular and of universal peace.
The commission given to Knight, Brian, Casale, Benet and Vannes need not be shown till it is requisite to use it, and they are not to conc[lude] the peace upon any overture that may be set forth till the coming of Knight and Benet, who will bring more ample instructions. They shall, however, not refuse to treat of the peace, if the Pope desires it, and are to proceed jointly with the bailiff of Rouen and the other French agents. They shall tell them the objects of their mission, and say that the overtures of peace by the Pope's hands may conceal perilous consequences, for the Emperor, knowing that his subjects were likely to mutiny in consequence of the treatment of the Pope, in order to bring the Pope and all Italy more into his power, has, by means of the new cardinal, the general of the Cordeliers, "set forth a visage" of restitution of towns, with liberation of the Cardinals who were hostages, "and further amity to be established bitw[een the Pope and] the said Emperor, showing some conformity towards ... at the hands of his Holiness, after such a form and fash[ion as is] to be marvellously suspect." It may, perchance, be to the Pope's benefit, and yet not further the obtaining of peace. M[any] things show this; for instance, the Emperor's saying to Mr. Silvester that if he had a firm conjunction with the Venetians, he cared neither for France nor England;—ich proves that he more regards the establishing his affairs in Italy than peace. Besides, it is known that the Emperor and his Chancellor and other councillors trust in a [prophecy] which hath been bruited, that there should be a Pope named [Angelo], who should go barefoot, and do many things superfluous [to] rehearse. And the Emperor "now und[er colour of] amity and restitution of the Pope's towns and pledges [has sent] the said general of the Cordeliers, whose name is Angell, [and who goes] barefoot, as other Observants do, being also by the Emperor's me[ans promoted] to the cardinality, with six or seven great personages of Spay[n] into Italy, with a great power and puissance of men [not] meet or needful for the thing which he pretendeth outewar[dly] to do. What may thereof succeed when he hath once the ov ... of the Pope's holiness and Cardinals' is hard to judge." If the Emperor has any such intention, it will be easy for him to subdue the Pope, and forcibly advance the friar to the Papacy, alleging, as he has done before, that he could not rule his own men, and that it was done without his orders. The friar being Pope would live like a friar,—thout possessions; and the Emperor, on that pretext, would take all the possessions of the Church, attain the monarchy of Italy, establish his See Imperial in Rome, and hold the See Apostolic and all other Princes in contempt, seeking new occasions to continue the war. If he can so easily bring it to pass, by this demonstration of peace and union with the Pope, all wise men will judge that he will surely do it, notwithstanding any demonstration made to the contrary. It is the more to be feared, for Mr. Silvester writes that the Emperor is preparing a great army to accompany him to Italy, and is practising with the Venetians with great hopes of success.
The King, therefore, thinks that this thing must be prevented, and that no trust must be put in the Emperor's sincerity, who has hitherto done everything by fraud, and bears extreme malice to the French king, and for his sake to the king of England. He wishes the ambassadors to say that he has charged Brian and Vannes to warn the Pope against trusting the Emperor, and to take good care of his person and estate; for since the Emperor is resolved on obtaining the monarc[hy of Italy], which cannot be without great loss to the See Apostolic, no confidence must be put in any of his demonstrations of friendship for his Holiness, which are craft, subornation, falsity, and circumvention. Whenever he puts himself into the Emperor's power, he will not fail to find this true. The only way by which he can keep himself out of these perils is firm adherence to those princ[es whose] prosperity cannot be but to his surety, and their [misfortunes] to his danger and calamity. The King has caused his ambassadors to declare this to the French king, who has agreed to the King's proposition for a remedy, that they shall contribute to the maintenance of a guard for the Pope's person until it is known whether the Emperor will proceed sincerely to peace or no. Meantime the Pope will remain neutral, and forbear to declare himself; and the Emperor, being disappointed in his craft, will come to peace; the honor and merit of which will be ascribed to the Pope's [endeavors] and prudent demeanor. If then the Emperor would in no way be induced to accept reasonable terms, the Pope might with surety declare against him, with censures of the Church and otherwise. In this case the kings of England and France would never abandon him until he had recovered the pieces detained from him, and his pledges, and had perfectly reintegrated his dignity and estate. The French king thoroughly approves of this, and will give power to his ambassadors to conclude it.
They must desire the Pope to ponder this, and to declare to them his opinion concerning it. He cannot fail to thank the King for his admonition and device, and to follow it; which the ambassadors must by all means procure, so as to alienate him as much as possible from the Emperor, and confirm him in love towards the King, so that he may be the more ready to grant any petition of the King's, as in the great and weighty matter of the divorce. This matter, however, the ambassadors shall not at first mention, as though the premises were the charge committed to them, and for which they were purposely sent. While remaining at Rome for the conducing of the peace, they shall, by great and high policy, secresy and circumspection, endeavor to investigate the truth of the great and apparent craft and abusion that seems to have been used in disappointing the direct and due course of truth in the decision of the matter of divorce by process and judgment. Some marvellous falsity and corruption must have been used, which ought to be perfectly tried and punished; for, as was written to Sir Gregory in the last letters, there has been exhibited on the Queen's behalf an authentic copy of a brief, of which she affirms the original to be in the Emperor's hands, passed by pope Julius and subscribed by Sigismund, then scribe or secretary apostolic, containing such words as might seem totally to remove all the faults found in the dispensation of pope Julius "remaining in the King's hands, [the like of which] have not been heard of to have been found or [seen at] any time either in king Henry the VII's d[ays, either] in the court of Rome, in England, Spain or [elsewhere], till now of late, that by such manner and circumstance [as] heretofore hath been declared unto the Pope's holiness t[he] same happened to insurge and be brought in question, and consequently was thing far unlike to have been thus in those special and material points only provid[ed] for by pope July by a brief apart from the princip[al] bull, of the same date as the bull was, and tha[t] brief to be only in Spain, and none like in this [country]." For, as appears by the treaties between Henry VII. and Ferdinand, both Princes were bound to obtain bulls and dispensations in most available form, and after one sort, order, a[nd tenor], so that if any doubt in preamble, narration or ... of the bull passed had or cou[ld have] been found, it is evident that either Prince would have had the bull reformed or the supplement thereof, and that it would not have been in one Prince's hands or knowledge alone, but would have been provided for by both. This brief, however, has never been mentioned or heard of in England, which causes manifest suspicion of forgery. Sir Francis and Vannes will take with them a book containing the reasons for doubting its authenticity. They, with Sir Gregory, must make careful search to find out the truth, but secretly, lest the other party, knowing it, find means to correct the faults and to corroborate the falsity. They had better make use of some trusty person among the scribes, writers [of the] registers, making sure of him either by ready money or continual entertainment. The records of popes Julius, Leo and Adrian must be searched to see whether any alterations or erasures have been made, or whether the handwriting or anything else causes suspicion. The scribe whom they engage must study the handwritings of Sigismund and the writers under him and subsequent to him; and must compare the seal of the annulus Piscatoris in Julius's days with those of his successors, as each seal is broken on the Pope's death. He must try to discover whether any one now in the Court says that he wrote the brief in Julius's time; for if so, being a scribe, he may find out from him what no one else could. He must notice who in the Court are Imperialist, and what agents they have had since this matter of matrimony has been brought in question, and who has penned their causes, especially about the Card. S. Quatuor, when the Pope was delivered out of captivity, and who wrote the despatches of the general of the Cordeliers and other agents of the Emperor. Any knowledge they gain must be sent in authentic form by some sure man in post. Great care must be used both in searching, proving and sending information of the forgery; for persons may be implicated to whom the matter could not be imputed without further consultation between the King and his Council. But if it has been done by the craft of the cardinals, officers, or others, they shall inform the Pope of it, that he may the more easily grant the commissions which they are sent to obtain. If they find that the matter has been so craftily handled that they cannot prove the forgery, but that it seems to have a visage of truth, they shall keep all their doings secret, sending information of what they have done, in cipher, [and proceed no] further till the coming of Mr. W[illiam Knight,] the King's principal secretary, who will bring the letters of both Legates to the Pope, a copy of which is sent to Brian and Vannes, and who will be amply instructed concerning further proceedings.
Meantime the ambassadors must secretly retain the best advocates whom they can find in Rome, by secret rewards and conven[tion], and must learn from them whether, if the Queen can be induced to enter into "la pe (sic, qu. laxe?) religion," the Pope may, ex plenitudine potestatis, dispense with the King to proceed to a second marriage, with legitimation of the children; and, although it is a thing that the Pope perhaps cannot do in accordance with the divine and human laws already written, using his ordinary power, whether he may do it of his mere and absolute power, as a thing in which he may dispense above the law; what precedents there have been, and how the Roman court shall define or determine and what it doth use or may do therein, so that no exception, scruple or doubt may be hereafter alleged in anything that shall be affirmed to be in the Pope's power. Similarly, as the Queen will probably make great difficulty in entering religion, or taking the vow of chastity, means of high policy must be used to induce her thereunto; and as she will perhaps resolve not to do so unless the King will do the like, the ambassadors must find out from their counsel if, to ensure so great a benefit to the King's succession and realm, and to the quiet of his conscience, he takes such a vow, whether the Pope will dispense with him for the said promise or vow, discharging him clearly of th[e same, and] "thereupon to proceed ad secunda vota cum legitima[tione prolis] as is aforesaid."
Furthermore, to provide for everything, as well propter conceptum odium (fn. 1) as for the danger that may ensue by continuing in the Queen's company, "whose body his Grace for marvellous great and secret respects is utterly resolved and determined never to use," if they find that the Pope will not dispense with the King to proceed ad secunda vota while the Queen is alive in religion, but that she will still be reputed as his wife, they shall inquire whether the Pope will dispense with [the King] to h[ave duas] uxores, making the children of the second marriage legitimate as well as those of the first; w[hereof] some great reasons and precedents, especially of the Old Testament, appear. The ambassadors being thus secretly informed of what the Pope may do, will be more ready at the coming of the secretary and Benet to carry out their instructions. Meantime they must not fail to send information in cipher to the King and Wolsey by post. They must be very circumspect in making searches and engaging advocates and counsel, that the King's cause may not be published, always propounding it as another man's; by which means the lawyers will speak more freely, without respect of the Emperor.
During their conferences with the Pope, they must impress upon his Holiness the great love the King bears to him, and his desire for his weal and for the maintenance of the dignity of the See, for which he has spent more money than all the princes of Christendom, and he is therefore worthy of "thank reward of the graces of the Church," and of due respect and consideration.
As his merits towards the See are incomparable, so the treasure of the See and Church ought in the most liberal and abundant manner to be extended to him, "and not to be restrai[ned] or minced with the quiddities and discrepant opinions [of the] laws." As his Holiness knows how much the King takes to heart the insufficiency of his marriage with the Queen, and that such great consequences depend upon it, they must say that he cannot do too much for so noble and loving a prince, and ought to show him a special and singular grace herein, corresponding to the excellence of his acts and merits; "beseeching therefore his Holiness, on my lord Cardinal's behalf, most humbly, and in most affectuous wise upon his knees, to have that thing in his special recommendation," and to act so that the King and his friends, with their nobles and subjects, will be encouraged to act for the Pope and for the Holy See, thinking that their labors will be well employed. Mr. Peter shall say as of himself to the Pope, that he, being an Italian, desires more fervently than another the weal of the Pope and of the Holy See, and is compelled to tell the Pope frankly that if he, continuing in fear of the Emperor, delays the accomplishment of the King's desire, and to impart to him bounteously of the treasure and graces of the Church and See Apostolic, it will alienate from him the King, so that he, with many other princes, his friends, with their nobles and realms, will withdraw their devotion and obedience from his Holiness and the See, studying how they may repay his ingratitude; and he therefore begs him not to cast away the heart of this virtuous prince, who cannot fail, when peace is had, to have such power that he will be able in the amplest way to recompense his friends and acquit the contrary. Signed at beginning and end by the King.
Pp. 25, mutilated.
28 Nov.
R. O. St. P. VII. 117.
4978. The DIVORCE.
Instructions for Knight, Bennet, Sir Fras. Bryan, Sir Gregory de Cassalys and Vannes.
Considering the age and infirmity of Knight, Bryan and Vannes are sent to the French king, and thence to Rome, with ample instructions. Bennet and Knight are to come after, and, joining with the Master of the Rolls and Cassalys, are to proceed to the accomplishment of the causes for which they are sent. Knight, Bennet and Tayler are to repair to the French court, and inform the French king of what has been done. Knight shall exhibit to him the copy of the breve of pope Julius, as if their charge to the Pope was no other than to procure the original, considering it is more fit to be in the King's hands than to be in Spain. They shall not exhibit any suspicion, by which the French king may infer that, if the breve were a good one, "the King's grace is sorry and not contented therewith." They shall ask him to promote the King's cause at Rome, and obtain letters from him by good dexterity and policy, "so couched with general words thought very effectual, as, though the French king be not made privy of any secret pursuit to be made to the Pope's holiness for reprobation of the said breve," yet the general tenor of the letters shall be interpreted to the advancement of the King's desires. They shall get the French king to write to his ambassadors at Rome to the same effect. These letters are to be presented to the Pope.
They shall inform Francis of a treaty between the Emperor and the king of Scots for a marriage between that King and the queen dowager of Hungary, and that a parliament has been called together in Scotland for that purpose. They shall get Francis to admonish the king of Scotland, exhorting him to beware of doing anything that might tend to the diminution of the good affection between the two kingdoms, or assisting Albany to return to Scotland. They shall make it appear to my lady of Savoy that their proceedings are guided by her advice.
On reaching Rome, they shall inquire of the other ambassadors what has been done in discovering the falsity of the breve; and if this is clear, they shall repair to the Pope, and deliver the King's letters and those of the two Legates. As it would not be fit for the King, as a party, to enter into such specialties as the ambassadors may use, after telling the Pope that the Queen had sent a copy of this breve to Campeggio, they shall say that the King, having his mind fixed on the certainty of eternal life, hath in this cause "put before his eyen" the light and shining brightness of truth, as the best foundation for the tranquillity of his conscience, knowing, as the Apostle says, that there is no good foundation except that which Christ has laid;—at the King, finding his conscience touched by plain suspicion of falsity in the breve, can recur to the only fountain of remedy on earth, the Pope himself.
They shall desire him to set aside all vain allegations, and in this matter bring the truth to light; and, considering the importance of the thing, how many may be touched by it, &c., urge, that by consenting to put an end to the cause, as he may do by the plenitude of his power, all suspicions may be removed; that nothing can be a higher indignity than that so noble a prince should be frustrated of his expectation by the falsehood of one most wicked person forging the Pope's breve; and that it rests with the Pope alone to decide, whether, in his opinion, the breve is false and counterfeit. They shall urge the suspicions which appear on the surface of it; sc., its being of the same date as the bull, the manner in which it was obtained, its preservation in Spain and not in England, the slander which it will throw upon the Pope, as coming from the Emperor, with whom he is at enmity; that approval of the breve will create suspicion, and the reprobation of it none, but rather clear the fame of many noble men, &c.
They shall urge further that the breve is directed to the King and Queen, but no record of it can be found in England, although the bull is here. Arguments against the probability of its having been stolen or sent away. Its variation from the bull in particular sentences. Technical objections to its style and date. They shall urge it would be more reasonable to consider it as false than as genuine; that the Legates would have required the Emperor to have the original exhibited before them; but as he might allege they have no jurisdiction beyond the limits of their legation, it might occasion delay. Therefore they shall urge the Pope to write peremptorily to the Emperor in that behalf, to send the breve within three months.
They shall also obtain a commission decretal to the Legates to pronounce the breve forged; of which decretal a minute is sent by Knight and Bennet. If he refuse to send the breve to England, a minute for the decretal has been devised accordingly; and also a third form, in case the Emperor refuse to exhibit it within three months. Instructions as to what they shall do in the event of obtaining any of the said decretals.
If, after great solicitation and rehearsal of the urgent reasons in Latin, delivered to Knight and Bennet, the Pope will not consent, they shall deliver to his Holiness the other letters of the two Legates desiring the avocation of the cause, and a written promise from the Pope to give sentence in the King's favor, on certain grounds, of which a summary is sent; e.g., that the Emperor will not send the brief, that the brief is false on the face of it, and that the King is in great perplexity and his health in danger, &c. But they shall obtain a promise from the Pope before the avocation. They are not, however, to consent to this course until the hope of obtaining the commissions be desperate; but, above all things, they are to make sure of the Pope's promise.
If they fail in these two purposes, rather than they should return empty-handed, they shall attempt to carry the device mentioned in the instructions given to Brian and Vannes, enabling the King to contract another marriage, if the Queen can be disposed "to enter lax religion." They shall use their dexterity to obtain a commission for that purpose. "Yet to the more cautele, and to show that nothing shall be pretermitted on the King's behalf which man's wit can excogitate or devise, for lack of one thing to devise another, to the surety of the King's succession, and remedying of the inconvenients that of the doubts of the King's marriage may insurge, the King's said orators, being first duly informed, by inquiry made before and otherwise, how far the Pope's power and authority may extend, and finding the same to be feasible for setting forth the overture mentioned in the said instructions de duabus uxoribus, and because they deal with matter right rare, new and strange, so much the more the King's said orators ought to see substantially to the fundament and ground which is to be taken to come unto such requisition and desire."
They will find the preamble of a decretal for that purpose sent by Knight and Bennet, showing by examples from the Old and New Testaments the reasons for such proceeding on the part of the Pope. They are to note whether the Pope is inclined to oblige the King, so that if this mode is not feasible the Pope may adopt some other. In that event, they are to use wisdom in trusting the King's affair to his Holiness; urging him that the King is resolved on a second marriage, and will not suffer his hope to be frustrated.
Whatever they obtain must be competent for the Pope to grant, and available for the purpose desired.
Sends papers touching the peace and the proposition of the Emperor. Directs them how to proceed in this matter.
In Derby's hand, mutilated. Endd.
R. O.4979. VANNES' INSTRUCTIONS.
"Capita rerum expediendarum."
1. To expedite the commission for compulsory powers (compulsorialibus) to the Legates. 2. To expedite the decretal commission in one or other form. 3. Avocation of the cause, on a written promise from the Pope that within two or three months at most sentence be pronounced for the King. 4. Declaration of the Pope by bull that the marriage ab initio was, for reasons perfectly satisfactory to himself, not a true one. 5. That if the Queen enter a monastery, the Pope may enable him to contract a second marriage. 6. For the King to marry two wives, with a legitimation of the issue of the second. 7. The words to be uttered by Vannes to the Pope, in the event of the King not being satisfied. 8. Of bringing over friends to the King's party, &c. 9. Hiring advocates. 10. Making a scrutiny with all caution, so that the matter be not divulged. 11. Writings from Julius to Clement VII. 12. Letters of Campeggio to Salviati. 13. Presents and an annual pension to be given him, in the event of bringing the King's cause to a successful issue. 14. Gaining over the cardinals to the King's side, especially S. Quatuor. 15. To be diligent in writing. 16. To make strict inquiry into the proceedings of the general [of the Observants]. 17. That the ambassadors bring copies of all that is here conceived. 18. Commission of the peace. 19. Letters of the King and the Legates to the Pope. 20. Exchange of money.
Lat., pp. 2. In Vannes' hand. Endd.: "Capita rerum expediendarum Romæ per Petrum Vannem."
Vit. B. X. 197.
B. M.
2. Another copy of the above. Mutilated. Printed in Pocock's Records of the Reformation, I. 189. This copy contains two small additions in Wolsey's hand, not found in the preceding, and likewise the article "De rebus Scotiæ," &c. The words added to the title, "ex instructionibus," &c., are in a more modern hand.
Vit. B. XI. 235.
B. M. Burnet, I. ii. 24.
4980. [WOLSEY and CAMPEGGIO to CLEMENT VII.] (fn. 2)
Expounded by their previous letters the state of the cause here. Have since endeavored by persuasion to cause one party to yield to the other, but, that being in vain, have discussed the method of trying the case. The Queen has exhibited a copy of the brief of Julius II., dated at the same time as the bull, but they suspect its genuineness. Besides its unexpected appearance on such an occasion, it seems incredible that such a document should have been obtained. The King, therefore, urges the production of the brief; which they also approve, and will endeavour to procure. It will be necessary to grant them an additional power to summon all kings and others to exhibit the brief, without which the cause cannot be concluded. On obtaining it, they will proceed to the investigation, and the King will offer no opposition. People will always suspect the truth of the brief, because, although it is of such importance to the King and the kingdom, it has never been heard of before, and no account of it has been found in the royal archives. It is not likely that there should be more care in Spain of what concerned England than in England itself, nor that any one could have supposed that such a dispute would have arisen 25 years afterwards, there being no memory of it, as we have before said, in England. If they compare the slenderness of the brief with the pregnant words of the bull, and the care to exclude all exceptions, and listen to what can be said on both sides about apostolic rescripts, they fear lest they will endanger the authority of the Holy See, and lessen their own dignity. Disapprove strongly of having to hear arguments about the validity of apostolic letters, and they therefore desire him, if the brief is exhibited, and its genuineness or falsity is not apparent, to advoke the cause to himself, and settle it, for it cannot be longer protracted without danger to the kingdom and to the dignity of the Church. Hope that the King will acquiesce in this, trusting, according to his Holiness's writing, that he will be at length freed from this marriage, in which he thinks he cannot remain either by human or divine law, for the reasons already explained to his Holiness by the King's ambassadors. If the Pope prefers to grant a decretal, they will prepare the King's mind for this. A form for the decretal is sent to the English ambassadors. Meanwhile, the Pope can still try the mind of the Queen, and by letters and messengers urge her to enter religion. They consider many things of this kind, for the good of the kingdom and the King, who patiently waits for the Pope's assistance, though oppressed by great anxiety. Enlarge on the King's troubles, and the necessity of the divorce. Those who think the King is moved by hatred of the Queen, or by the desire of another wife, err greatly. As neither disagreeable manners nor the despair of future offspring could impel the King's mind to hatred, so no one could think him to be so weak as, for the pleasures of sense, to wish to break a connexion in which he has spent his life since his youth. He is influenced by a fear of divine law and a respect for human law.
The King does not wish to determine anything on his own judgment, but leaves it to the Holy See, from which he expects a requisite remedy. If he must have recourse to some other aid, it will be all over with this King and kingdom. Seditions and tumults will spring up, and the Apostolic dignity will be destroyed. The nobles and people are extremely angry at being kept in this suspense, and observations are made which cannot be repeated without horror. We use all our endeavours to avoid these dangers, and dread what the effect may be if a favorable answer be refused. He will learn more by the bearers.
Lat., Vannes' hand, draft.
Vit. B. XII. 64.
B. M. Pocock, I. 212.
4981. [INTENDED ADDRESS OF THE LEGATES to the QUEEN.] (fn. 3)
She will doubtless wonder why they [come to] her, as in times past they have not done so except when she commanded them; but since they last waited on her they have heard that [the King's] grace and his council have been advertised by men of honor and credence that certain ill-disposed persons intend to conspire against him and the Legate, which is thought to be done for her sake or by her occasion, by such as be the fa[vorers] of the Emperor. Think it their duty to inform her thereof; for if anything should be attempted against the King's person or the Legate, it would be imputed to her, even if she were not guilty, and would be her utter undoing. The King takes this very earnestly, and doubts the more because she does not show such love to him, neither in [nor] yet out of bed, as a woman ought to her husband. "What was [in] bed between both your Graces we pass over," but openly she does not behave suitably; for though the King is in great pensiveness on this account, she is not so, but shows many signs and tokens to the contrary. 1. She exhorts other ladies and gentlemen of the court to dance and pass time, though it would be better for her to exhort them to p[ray] that God would set some good end in this ma[tter]. 2. She shows no pensiveness in her countenance, nor in her apparel, nor behavior. 3. She shows herself too much to the people, rejoicing greatly in their exclamations and ill obloquy, and by beckoning with her head and smiling, which she had not been accustomed to do in times past, rather encouraged them in their so doing than rebuked them, as she ought to have done. 4. She ought to have informed the King of the brief which she pretends to have had for a long time, and not to have kept it close, for the exhibition thereof might have given much ease.
Considering all this, the King cannot persuade himself that she loves him as she ought, but that she rather hates him; and therefore his Council think it not safe for the King to be conversant with her either at bed or at board, specially after the beginning of the process. Think that if the King has such fear, he may lawfully withdraw from her company, and for like suspicion he will not suffer the Princess to come into her company; which should be a very grievous thing to the Queen, as the Princess should at her age be near her for her better education.
They should then, as occasion may fall, urge her, as in times past, to enter into religion; and if she still makes difficulty, they may say that perhaps she thinks that if she did so the King would marry some other; but she need not fear this, for the King could not by law take another wife during her life, nor could the Pope [dispense] with him to do so. They may advise her to go boldly to the King; and with humble submission and prayer that he will be good to her, she may offer to do anything, entering into religion or any other thing; so that both their Councils will say that it will be to the ease of his conscience, the surety of him and his succession, and the weal of his realm, and not contrary to the laws of God and the Church. This submission and offer will greatly stir the King to have compassion on her. The King would be contented with her entering religion on condition that if sentence is not given against the marriage she may then come again out of religion. If she shows herself to be conformable to what may be devised by both their Councils, she will greatly move the King to be good and gracious unto her; but if not, she will cause him to be much more angry than hitherto.
Pp. 3, mutilated. Added by Clerk (fn. 4) : Quod stulte facit, si contendit cum Rege. Quod male successit ipsi in fœtibus. De brevi et suspicione falsitatis. Quod diu habuit breve. Quem misit pro brevi? Quas literas scripsit per eum et ad quem? Quis attulit breve? Et an habuerit alias literas simul?
28 Nov.
R. O.
4982. CLEMENT VII. to CARDINAL WOLSEY.
Requesting that the price of a certain cargo of alum belonging to Sebastian Sauli, now in the hands of Antonio Bonvixi, of London, may be delivered to Pasquale and Jeronimo Spinuli. Rome, 28 Nov. 1528, pont. 6.
Vellum, Lat. Add.
R. O.4983. ANTHONY CAVALLARY to [WOLSEY].
Respecting alum in the possession of Sauli, a bankrupt merchant. Spinola claims it, and says Wolsey will soon have it delivered to him. Sauli has never paid the Pope's agent for it, and therefore it belongs to them. Any sale made by him is fraudulent. Expects daily a commission from the papal agents to settle the matter. Sauli bought the alum for 6,000l., to be paid over a long period, and it is now worth 12,000l. Signed.
Lat., p. 1. Endd.
R. O.4984. ANTHONY BONVISI to WOLSEY.
Requesting his protection against Philip de Senis, executor of Augustine Ghisi, who proposes to infringe a contract about a cargo of alum made with his consent by his co-executor dom. Sigismundus. Refers to the testimony of Russell and Wolsey's secretary, Stephen, (fn. 5) when they were at Rome. Not Signed.
Lat., pp. 2. Endd.
29 Nov.
R. O.
4985. SIR ROB. WINGFIELD to WOLSEY.
Received his letter, dated Bridewell, 24th inst., stating that my lord Chamberlain and Sir Ric. Weston would be sent as commissioners to Calais; and also that the vintners and constables should forbear sending to the King. Had taken measures to recall them. Found them somewhat heedless; "but it is an old saying that hunger causeth the wolf to leap out of the wood, and, also, when he returneth to the wood, he careth not who doth look in his tail." Wolsey knows of what nature the French nation is, better than Wingfield himself. Is told that had it not been for the English angels, peace would have taken place long since. On Friday last John Joachim and others arrived here out of England, and a courier of Flanders. He said he was now in England to take account of such sums of money as the King's highness "hath borne quarterly with the French king in his wars of Italy," and he carried with him a sum for that purpose, packed in divers "beesaschis" carelessly enough. Calais, 29 Nov. 1528.
Hol., pp. 3. Add. Endd.
30 Nov.
Cal. B. II. 123. B. M. St. P. IV. 534.
4986. MAGNUS to WOLSEY.
Understanding that in consequence of reports made in Scotland by Geo. Douglas, Henry would not make peace with his nephew unless Angus, the said George, and Archibald Douglas were comprehended, the young King was so perplexed and pained that Angus should be well received by his uncle that "he braste oute of weping that the teers ca[me] rennyng downe by his chekes," and the lords of the Council were greatly moved. Not knowing what report the English commissioners might have made on coming home, wrote to the king of Scots the purport of Henry's instructions to himself and others, to induce him to put more confidence in Henry, by showing him what advantage England might have taken for redress of wrongs. Encloses a copy of his letter and of the answer of the king of Scots. Hearing that the Queen relented towards Angus, wrote also to her, the archbishop of Glasgow, the bishop of Aberdeen, and Mr. Adam Otterbourne. Sends copies. Thinks James received the said [Earl], his brother and uncle, upon their submissions, copies of which had been sent to Magnus by Wolsey, and the Earl afterwards "revoked the same, a[s is] alleged to be proved by his own handwriting." As to the treaty, the term of years, delivery of prisoners, and redress, Wolsey will learn all from the said answers. Little favor is yet shown to Angus, "the said Earl being a good, honorable, and an hardy man, and, I suppose of truth, totally ordered not of himself but by his friends," especially by his brother George, as Archibald is by his wife, "which twain have brought them all to this trouble and business." Since the Scotch commissioners were here many attempts have been made upon the East Marches by the inhabitants of South Tivedaill, supposed to be favorers of Angus. Had written to the Chancellor and lords of the Council on the subject. His remonstrance was well received. Transmits copies of his letter and their answer. The Council being thus in trouble have made friends again with the archbishop of St. Andrew's. Knows not how he will lean, but will soon ascertain. Angus, with his brother and uncle, was with him yesterday, and asked to have 200 or 300 men of the Borders with him into Scotland. Declined, as having no authority to give them, and reminded him of the goodly reward he had delivered for the use of his brother George, by which, with friends in Scotland, he might easily have 300 or 400 fellows at command, besides those about him, who, when all together, are not more than 100 or sixscore persons. Angus consulted with him how to show his service to the Scotch king. He intends, on the coming of the commissioners, to see what can be done by friars or other like personages. Magnus thinks it will be useless without the King's mediation. The result will be known on their next meeting here on the 9th Dec. If answer be required to any of the above matters, begs that it may be sent speedily. Will delay the Scotch commissioners here for the purpose. Berwick, 30 Nov.
P.S.—After closing this letter, Wolsey's letter, dated Durham Place, 23rd inst., arrived. Will take measures for the execution of the King's pleasure. The latter part of his letter being important, will experiment in Scotland within these three or four days by his letters, which he will take care shall come to the knowledge of the King and Council.
Add. Endd.: "1528. Letters from Mr. Magnus," &c.
Cal. B. VIII. 1.
B. M. St. P. IV. 547 (note).
4987. JAMES V. to MAGNUS.
"Thir ar the speciale poyntis eftir insewyng, gevin by credens to Maister Thomas Magnus, archidiacone of Estriding, till schaw to our derrest uncle the king of Ingland."
1. Hopes the King will not think he was displeased when he wrote last, though he was surprised that for all he had written Henry took no account of Angus's treasons. 2. When, by the King's advice, James obtained possession of his authority, Angus was made principal of the Lords Regents, but he removed the other lords, except such as assisted him in his evil deeds, and kept the King under his guidance two years, during which time many dangers occurred to the King and realm through him. 3. He twice in one year "disponit our person" to battle against our will, when there were slain the earl of Lennox, the laird of Cesford, and others. 4. He conspired the King's own slaughter, as will be proved by the noblemen of the realm. 5. He allowed thieves to go unpunished and to increase, so that they cannot easily be destroyed; and they made many attempts to break the truce. 6. He diminished the King's influence with other princes by illtreatment of ambassadors. 7. He made his uncle the King's treasurer, and promoted his kinsmen to James's prejudice. 8. Last Easter, James called Angus and his friends before himself and five or six of his Council, urging them to reform the abuses so much complained of; on which they, fearing punishment, endeavored to put to death several of the King's servants; to accomplish which they feigned to make a raid upon the thieves and broken men. On this the King withdrew to Stirling for his safety till a convention was held in Edinburgh for reformation of the premises. 9. James has done everything by the counsel of the wisest lords. 10. Begs Magnus to show what appointment he lately offered to Angus and his friends at Henry's intercession, which will appear by the labors made in that behalf by the minister of the Friars Observants; also to represent the displeasure he did to James on his return from Tamtalloun by murdering the captain of his foot band, and taking part of his munitions. Thinks Henry will admit that he cannot now with honor do otherwise than expel Angus and his friends from the realm. It will be time to intercede for them afterwards. Signed.
Nov.
Cal. E. II. 144. B. M. Chronicle of Calais, 206.
4988. JOHN CHEYNY to LORD [SANDS].
"Pleaseth your Lordship [I received a letter directed] unto your Lordship the 22d day of ... which letter I did send unto Mr. Wat ... [desiring] him to see it conveyed unto you with delyg[ence, but the] letter went not at that passage, which w[as on] Sunday last, and since then hath been no pass[age]."
Sir Fras. Brian has been at Calais these ... [d]ays. Sent [Sands'] spy, Gyles Kevall, into Flanders and to Dunkirk, where he saw a writing, of which a copy is enclosed, set on the church doors, and he heard that it was done all through Flanders. On his return, he met at Gravelines with a Spanish soldier of the castle, who had married his wife's sister, and they drank together. The captain sent for them, and asked Gyles what he wanted in those parts. He said he had been at a pilgrimage of Our [Lady] a mile out of Dunkirk. "The captain swa[re that] and he should do him right, he should hang [him] by the neck, and send his captain word th[at he] had done him true justice," and ordered him to leave the town.
[Fri]day the 27th inst., my lord [Deputy] of Calais sent for him and the bailly, asked them for news, and bade them take heed to their charges, for there was to be war with the Emperor, and he heard that 30,000 Alm[ains] were coming, and that Brian said that the F[rench] king would take part with England * * *
Has sent into all the parishes to see what store of grain there is, and to order them to be ready to bring it into the castle at a day's warning.
Are in want of wheels and stocks [for the artillery]. The bridge from the ... Pyrtons bulwark is so weak that no ... can go over it. Thos. Fowler has promised to see to it, and asks your Lordship to obtain more money for repairs, especially for a new brewhouse, as the old one is [not likely] to stand long. All [Sands'] company are in good order, and willing to do their duties. Desires to be recommended to his lady and to Sir Richard ... Guysnes, ... Nov.
Has but five gunners, and there is no salt, which must be provided. Signed.
Pp. 2, mutilated.
Otho, E. XI.
28. B. M.
4989. WARHAM to WOLSEY.
Proposing a proclamation prohibiting any person who possesses harness from parting with it to any other persons but [such as he shall] answer for under pain of imprisonment [and forfeiture] of all his goods. "At my manor, ... day of Nov." Signed.
Very mutilated, pp. 2. Add.: To, &c. my lord cardinal of York and legate de latere.
R. O.4990. LODOVICUS VIVES to _.
Is ordered to state his communication with the Queen. Hears great complaints of the Emperor, that he has violated human law by taking the ambassadors of many nations; but this is not less an outrage to compel any one to divulge what was secretly entrusted to him, especially a servant trusted by a mistress whose fidelity to her husband is undoubted. Not that it would injure any one to relate it, even if it were published on the church doors. But the example is a bad one, for a great part of the intercourse of life rests upon the faith of secresy, which, if destroyed, everyone will be on guard against a companion as against an enemy. But since he is compelled, will state these things, especially as they seem more worthy of praise than blame. Last May when Vives asked leave of the King to return home, the King asked when he was going. Vives replied, he would go when Henry thought fit. After the hunting, said he, that is at Michaelmas. To this Vives agreed. The Queen at the same time requested him that he would this winter teach the Princess Latin. Accordingly, to please both King and Queen, he returned hither on 1 Oct. The Queen, afflicted about this controversy as to her marriage, as she thought him well read in matters of morals and consolation, began to open to him as her countryman, who spoke the same language, her distress that the man whom she loved more than herself should be so alienated from her, that he should think of marrying another, which was the greater grief the more she loved him. Vives replied that it was an argument that she was dear to God; for thus He was accustomed to exercise his own, to the increase of the highest virtues. Can any one blame him for attempting to console her? As they went on, they spoke more warmly, and proceeded to the discussion and examination of the cause. What the King has since done in this affair, the Queen could not know; it was only rumored that the cause was referred to Rome. The Queen then desired him to ask the Imperial ambassador to write to the Emperor to do what was just with the Pope, lest she should be condemned without being heard. The ambassador promised he would do so. Whether the Emperor has received the letters we know not. Who will not admire the Queen's moderation? When others would have moved Heaven and earth, she merely seeks from her sister's son that he will not let her be condemned unheard. This is all. Nor do I willingly meddle with the affairs of princes.
Hol., Lat., pp. 2.
Nov.
Add. MS. 28,577, f. 308. B. M.
4991. CHARLES V. to HENRY VIII.
Has always preferred the common weal to his private interests. Has, therefore, neglected nothing to restore peace to Christendom, when the king of France had disturbed it. Has had first recourse to force of arms in order to subdue the king of France. God favoured his cause. Routed several times the French armies, drove them out of Italy, and took at last the King himself prisoner. When that was done he used clemency towards the king of France, and set him at liberty. Thought that he would be grateful. When his clemency also failed to reconcile the king of France, there remained no other way to him to avoid further effusion of the blood of Christians but a single combat between him (the Emperor) and the king of France. A true prince is not afraid to shed his blood for the welfare of his people, but this king of France preferred his personal security to the interest of Christendom. He liked better to fight with words than with swords, used strong language, and exposed his subjects to dangers. The king of France refused to accept his letters, in which he indicated to him a safe rendezvous for the deed. Asked then all his councillors, grandees, his knights, lawyers, and other persons, whether he had satisfied his honor? All of them answered that his honor remained as bright as before, and that he could do nothing more in this case.
It would be wrong, if he should not conform himself with the advice of his faithful servants and subjects. Toledo, _ Nov. 1528.
No address. Lat., modern copy, p. 1.
Nov.4992. CHARLES V. to JAMES KING OF SCOTS.
The same as to the king of England. Toledo, Nov. 1528.
Lat., draft or copy, p. 1.
GRANTS.4993. GRANTS in NOVEMBER 1528.
4. Sir Wm. Kyngeston and Sir John Seyntlowe. To be stewards of the hundred of Thornebury, part of Buckingham's lands, Glouc., with 7l. a year; constables of the castle there, with 5l. a year; and masters of the hunt there; on surrender of patent 29 Jan. 13 Hen. VIII., granting those offices to the said Sir William alone. Del. Westm., 4 Nov. 20 Hen. VIII.—S.B.
4. Gervase Middelton, Edw. Grenehall, Edw. Mountague, Edw. Warner, John Denyas, clk., John Saynt John, s. and h. of Sir John Saynt John, and Ric. Olyff. Pardon for all entries on the manor of Barnewell, the advowson and lands there, and lands in Coterstoke, Northt., (held of the King as of the duchy of Buckingham,) and on the manor and advowson of Overton Longvile, with lands there and in Overton Waterfelde, Hunts, also held of the King; of all which they, with Sir John Saynt John and Hen. Gale, both deceased, were enfeoffed by Geo. Kyrkham, deceased, to the use of his son Rob. Kyrkham and Sibilla his wife, and their heirs male. Also grant to Rob. Kyrkham of the issues of the premises. Del. Westm., 4 Nov. 20 Hen. VIII.—S.B.
5. Thomas Clerke, oyler, the alderman, and the brethren and sisters of the guild of the Holy Trinity, Wysbeche, Camb., Ely dioc. Inspeximus and confirmation of patent 24 Oct. 32 Hen. VI., being a grant of incorporation to the said guild. Westm., 5 Nov.—Pat. 20 Hen. VIII. p. 1, m. 10
6. Hen. Norrys, squire of the Body. To be keeper of the manor of Plesaunce, in Estgrenewyche, Kent, and of the great and little garden and orchard there, and keeper of Estgrenewyche park and the tower there, with certain daily fees in each office. Del. Westm., 6 Nov. 20 Hen. VIII.—S.B. Pat. p. 2, m. 11.
Copy of the preceding.—R.O.
6. For the dean and canons of St. Stephen's, Westminster. Grant, in frank-almoigne, of the manor or alien priory of Welles, Norf., formerly granted by Wm. de Estois to the church and monks of St. Stephen of Caen, Normandy, but which came into the hands of Edw. III. by reason of the war between him and the king of France, and remains in the King's hands by the Act of 2 Hen. V., together with the rectory of Gayton, Norf. Divine service to be renewed there, with prayers for the King and queen Katharine. No aids, subsidies, tenths, &c. to be levied on the premises. Bridewell, 3 Nov. 20 Hen. VIII. Del. Westm., 6 Nov.
7. John Harryngton. Wardship of Nicholas s. and h. of Gilbert Pynchebek, with custody of 40 and 14 acres of land in Surflete, Linc., late of the said Gilbert Pynchebek, of the which 14 acres Rob. Brudenell, chief justice of the Common Pleas, Sir John Hussey, Sir Wm. Fitzwilliam, sen., Wm. Hussey, Wm. Fitzwilliam, jun. Ric. Ogle, and John Hyll, sen., yeoman, were seized in their demesne as of fee to the use of the said Gilbert and the heirs of his body at the time of his death. The premises were held at the time of the said Gilbert's death, of the heir of Sir Wm. Willoughby, lord Willoughby and Eresby (he being under age and the King's ward) as of the manor of Pynchebek. Del. Westm., 7 Nov. 20 Hen. VIII.—S.B. Pat. p. 2, m. 10.
7. John Harynton. Custody of possessions in Okeham and Burley (Rutland), and in the city of Lincoln, late of Ric. Flower, grandf. of Ric. Flower, s. and h. of Roger Flower, and of one Roger Flower, f. of the said Ric.; and wardship of the said heir. Del. Westm., 7 Nov. 20 Hen. VIII.—S.B. Pat. p. 2, m. 9.
7. Jas. Grose, of Southampton. Exemption from serving on juries, or being made justice of the peace, &c. Del. Westm., 7 Nov. 20 Hen. VIII.—S.B. Pat. p. 1, m. 24.
7. The master, wardens and commonalty of Bakers, London. Constat and exemplification, at their request, of patent, 22 July 1 Hen. VIII., licensing Rob. Broke, John Jenyns, John Parrowe, Wm. Bond and John Melton, citizens and bakers, London, to found a guild of one master and four wardens of the commonalty of freemen of the said mystery in the said city. Westm., 7 Nov.—Pat. 20 Hen. VIII. p. 1, m. 12.
Copy of the preceding.—R.O.
9. Rob. Chapman, of Normanby, Linc. Pardon for killing Tho. Wylson, of Normanby, in self-defence. Westm., 9 Nov.—Pat. 20 Hen. VIII. p. 2, m. 10.
10. Rowlle Van Quycke, native of the duchy of Gelderland. Denization. Del. Westm., 10 Nov. 20 Hen. VIII.—S.B. Pat. 20 Hen. VIII. p. 1, m. 11.
10. Tho. Jones, steward of the King's Chamber. To be ranger of Beare forest, Hants, vice Simon Guldeford; the same fees as the said Simon had out of the issues of the co. Del. Westm., 10 Nov. 20 Hen. VIII.—S.B._Vacated on surrender, 15 Feb. 22 Hen. VIII., in order that the office might be granted to John Cooke.—Pat. p. 1, m. 11.
12. Barnard de Ferrariis, native of the bishopric of Asti in Lombardy. Denization. Del. Westm., 12 Nov. 20 Hen. VIII.—S.B. Pat. p. 1, m. 8.
12. Nich. Ristico alias Rustico, clk., native of Lucca, Italy. Denization. Westm., 12 Nov.—Pat. 20 Hen. VIII. p. 1, m. 15.
12. Fulk Grevill and Eliz. his wife. Livery of lands as one of the two ss. and hs. of Anne Willoughby, late one of the three ds. and hs. of Edw. Willoughby, and h. of Sir Rob. Willoughby, late lord Broke, and Eliz. his wife, who was one of the ds. and hs. of Sir Ric. Beauchamp, late lord Beauchamp; on all the portion or purparty falling to the said Eliz. on the death of the said Anne, of the manors of Powyk, Farnburgh, Alencestr' and Clutton (Somers., Warw. and Worc.); and on the purparty of the said Eliz. of all the possessions in England and Wales lately belonging to the said Ric. Beauchamp, Sir Rob. Willoughby, lord Broke and Eliz. his wife, or to Sir Rob. Willougby, late lord Broke, f. of the said Rob., grandf. of the said Edw. Willoughby, or to the said Edw., or to the said Anne. Del. Westm., 12 Nov. 20 Hen. VIII.—S.B. Pat. p. 2, m. 2.
15. Wm. de Salper Wyke alias Wm. Salperwike, native of Artois. Denization. Del. Westm., 15 Dec. 20 Hen. VIII.—S.B.
15. Geo. Bulleyn, squire of the Body. To be keeper of the palace of Beaulieu, alias the manor and mansion of Newhall, Essex; gardener or keeper of the garden and orchard of Newhall; warrener or keeper of the warren in the said manor or lordship; keeper of the wardrobe in the said palace or manor in Newhall, Dorhame, Walkefare Hall and Powers, Essex; with certain daily fees in each office, and the power of leasing the said manor, lands, &c. for his lifetime. Del. Westm., 15 Nov. 20 Hen. VIII.—S.B. Pat. p. 1, m. 25.
16. Jasper Arnoldson, of St. Margaret, London, basket-maker, native of Brabant. Denization. Westm., 16 Nov.—Pat. 20 Hen. VIII. p. 2, m. 5.
16. Sir Geo. s. and h. of Sir Robt. Throkmerton, and John Gostewyk of London. Licence to enfeoff the manor of Towyslond, Hunts, to Edw. Peke, Edw. Copley, John Mytton and John Odell, and their heirs for ever. Westm., 16 Nov.—Pat. 20 Hen. VIII. p. 1, m. 15, and p. 2, m. 2.
16. Wm. Bourne. Presentation to a corrody in the monastery of Shirbourne, vice John Baunfyld, deceased. Del. Westm., 16 Nov. 20 Hen. VIII.—S.B.
16. Arthur Seyntleger, prior of St. Mary and St. Nicholas, Ledes, Kent. Licence of entry without suit of temporalities out of the King's hands on the manors of Eastsutton and Townland, Kent, which Ric. late prior of the said house acquired to himself and his successors for ever, and of which he died seized in right of the said house. Del. Westm., 16 Nov. 20 Hen. VIII.—S.B. (Dated 24 Nov. on Pat. roll.) Pat. p. 2, m. 3.
16. Anthony Malery. Licence to enfeoff Hen. Faryngton, Tho. Lynne, Guy Lynne, Ric. Craford, Ranulph Lynne, Ric. Lynne, Tho. Wolffe and Guy Craford, of the manor of Papworth Annes, Camb., to hold to them and their heirs for ever, to the use of Alice wife of the said Anthony, during her life-time, and after her decease to the use of Henry, s. and h. of the said Anthony, and heirs male of his body; and on death of the said Henry without heir male of his body, to the use of the said Anthony and his heirs, in fulfilment of the will of the said Anthony. Westm., 16 Nov.—Pat. 20 Hen. VIII. p. 2, m. 5.
17. John Tregyan, squire of the Body. To be steward and surveyor of the possessions of Eleanor, late duchess of Somerset, called "Copercioners londs," and particularly of the lordships, manors, &c. of Alwerton, Pensans, and Tywernayle, Cornw. Bridewell, 16 Nov. 20 Hen. VIII. Del. Westm., 17 Nov.—P.S. Pat. p. 1, m. 16.
18. Wm. Burston, of Mylton, near Gravysend, Kent, deputy to Christopher Villers, searcher in the port of London and places adjoining. Licence to hold wharves and quays, and an inn or tavern, notwithstanding the Act 20 Hen. VI. Del. Westm., 18 Nov. 20 Hen. VIII.—S.B. Pat. p. 2, m. 14.
20. Willm. Peneson. Licence to import 600 tons of Tholouse woad and Gascon wine. Del. Westm., 20 Nov. 20 Hen. VIII.—S.B.
20. The burgesses of Lanbadar (Lampeter). Inspeximus and confirmation of patent 24 Feb. 4 Hen. VI., inspecting and confirming (with additional grant of privileges) the following:—
i. Charter 28 March 4 Edw. III., inspecting and confirming charter 28 Dec. 6 Edw. I.,—being a grant of liberties and fairs.
ii. A charter of Edw. prince of Wales, dated 4 Aug. 33 Edw. I., ordering proclamation to be made of a market in the borough of Lamp'. Westm., 20 Nov.—Pat. 20 Hen. VIII. p. 2, m. 7.
23. Rob. Nassy, merchant of Florence. Protection; going in the retinue of Sir Rob. Wingfeld. Del. Westm., 23 Nov. 20 Hen. VIII.—S.B.
24. Willm. Stokdale, yeoman of the Crown. Custody of lands in Flambrough, Irton, W[ea]verthorp and Sewarsby, York, not exceeding the annual value of 7l. 7s. 8d., belonging to Ric. Ford, an idiot. Del. Westm., 24 Nov. 20 Hen. VIII.—S.B.
27. John Williams. Lease of all rents and services of free tenants and natives, demesne lands, &c. belonging to the lordship of Grafton, Northt., which is to come in the King's gift by an exchange made between the King and Tho. marquis of Dorset, with reservations, for the term of 21 years, at the annual rent of 60l. Del. Westm., 27 Nov. 20 Hen. VIII.—P.S. Pat. 20 Hen. VIII. p. 1, m. 9.
28. Ric. Lvster, attorney general. Custody of lands in. Waterton, Carethorpp, West-woode and Lyddyngton, Linc., late belonging to John Twiselton; with wardship of Christopher s. and h. of the said John. Del. Westm., 28 Nov. 20 Hen. VIII.—S.B.
28. John Rowte, yeoman of the Crown. To have the fee of the Crown of 6d. a day, vice John Clogge. Bridewell, 20 Nov. 20 Hen. VIII. Del. Westm., 28 Nov.—P.S.
28. Arthur Seyntleger, the prior, and the convent of the house or church of SS. Mary and Nicholas Ledes, Kent. Licence to alienate the manors of Eastsutton and Townland, Kent, and 100 acres of land, 50 acres of meadow, 200 acres of pasture, and 100 acres of wood in East Sutton, Ulcumbe, Sutton Valaunce, and Woodchurche, Kent, to Tho. West, lord Delawarre, Sir Edw. Guldeford, Sir John Gauge, Sir Francis Bryan, Sir Anthony Brown, Sir Matthew Browne, Sir Edw. Wotton, Sir Hen. Isley, Geo. Guldeford, John Cromer, James Pekham, John Poyntz, Hen. Browne, Tho. Wotton, Edw. Gawge, John Guldeford, Ric. Hill, Walter Hendley, Hen. Poyntz, and Hen. Hyll; to hold to them and their heirs, to the use of Sir Hen. Guldeford and his heirs, fulfilment of the last will of the said Henry. Westm., 28 Nov.—Pat. 20 Hen. VIII. p. 2, m. 14.

Footnotes

1 Printed omnem, St. P. VII. 136 (note).
2 The reader must be upon his guard against supposing that any of these drafts were really sent or submitted to the persons to whom they are addressed. They are, probably, like other papers on the great question of the Divorce, devices which occurred to the King or Wolsey from time to time, and might or might not be used as occasion served.
3 See note on preceding page.
4 Not Wolsoy's hand, as Mr. Pocock thinks.
5 Gardiner.