Spain: September 1503

Pages 310-317

Calendar of State Papers, Spain, Volume 1, 1485-1509. Originally published by Her Majesty's Stationery Office, London, 1862.

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September 1503

21 Sept.
S E. 2003. Lib. d. B. xiii. f. 87.
371. Pope Pius III.
The Apostolic See having become vacant, the cardinal bishops, cardinal presbyters, and cardinal deacons, assembled in conclave on the 21st September 1503, and after taking their seats in the usual order, concluded what follows.
Resolutions of the Cardinals in conclave.
As the cardinals have to perform higher duties, so they ought to enjoy greater privileges, than the other servants of Christ. All the cardinals present in this conclave swear, therefore, that whoever of them is elected Pope shall, immediately after his election, bind himself, by oath, strictly to observe the following clauses.
1. The new Pope shall pay out of the revenues of the Holy see, 200 gold florins a month to each cardinal who has not a clear income of 6,000 gold florins a year from his ecclesiastical benefices, and from the revenues of his cardinal's hat. He further promises to maintain all the cardinals in the possession of the benefices they now hold, however contrary to law it may be.
2. The future Pope shall not lay his hand on the person or property of any cardinal, or make alterations in the offices and revenues of any cardinal, without the express consent of two thirds of all the cardinals. The voting is to be by ballot. The Pope will not prosecute any cardinal, or permit any cardinal to be prosecuted, except according to the advice, and with the assistance, of three cardinals, who are to be elected separately by each of the three orders of cardinals as their deputies. No cardinal shall be condemned, unless convicted by the number of witnesses prescribed by the constitution of Sylvester. "Prœsul 'non damnetur." No taxes or burdens, of whatever denomination, shall be laid on the livings and property of the cardinals. The Pope shall not accept gifts from them, even if voluntarily offered.
3. Every cardinal is at full liberty to dispose, at his pleasure, of all monasteries, priories, &c. depending on him. All former promises, titles, &c. granted by the Apostolic See are null and void, in so far as they limit the liberty of the cardinals. If livings become vacant by the death of an officer of the Papal Court, the Pope is not allowed to nominate a successor to them, except with the consent of the cardinal to whose department the vacated office belongs. If a living in the gift of one cardinal, but held by an officer of another cardinal, become vacant, the cardinal, in whose gift it is, may dispose of it at his pleasure.
4. All cardinals present in this election shall enjoy the privileges contained in this agreement, even if they absent themselves from Rome with the permission of the Pope.
5. The future Pope shall confirm all privileges and prerogatives granted by any of his predecessors to the cardinals.
6. The offices of chancellor, penitentiary, and chamberlain of the Roman See are to be restored to their former state. Cardinal Julius, Bishop of Ostia and Penitentiary, Raphael Cardinal of St. George and Chamberlain, and Cardinal Ascanius, Vice-Chancellor, are henceforth to enjoy all the prerogatives and revenues which formerly have belonged to their offices.
7. The cardinals who assist the Pope in the execution of his sacerdotal duties are not to be censured or punished, except in cases provided for by the Corpus juris clausum, and with the consent of two-thirds of all the cardinals.
8. The new Pope will pay all the debts which the Papal See owes to cardinals, and will leave in their keeping all the towns, castles, and other places which they hold as security till he has entirely satisfied them.
9. All Papal briefs, without exception, shall be dispatched in the Papal Chancellery and nowhere else.
10. In order that the Pope may not be able to send away from Rome those cardinals who oppose him, no cardinal is obliged to accept a commission as legate.
11. The Pope shall absolve all cardinals, and every one of them, from all crimes and offences hitherto committed by them, "however exorbitant, enormous, and great they may be." This absolution is to be perfectly valid, even when, according to the precepts of the Church, the case requires a special confession, and the absolution is most specially reserved to the individual cognizance of the Pope. All irregularities committed by the cardinals in administering the sacraments, &c. are to be entirely forgiven. The cardinals are to remain in the undisturbed possession of all the property they may have acquired, however ill-gotten it may be. The absolution is to have effect in both the ecclesiastical and secular courts ; and, in fine, "the cardinals and every one of them shall once more become as innocent as they were when they came from the baptismal font." If, however, the cardinals, or any one of them, prefer to confess their sins, they are at liberty to choose any suitable person, even from the order of Mendicant Friars, as their private confessor ; and such a confessor shall have all the power and prerogatives of the Pope himself, that is to say, as the Vicar of Christ and Successor of St. Peter, to give absolution of all and every kind of sin.
12. The new Pope shall not include the name of any cardinal in the orders and laws which it is usual to publish the day after his inthronization, unless he bestow some favour on the cardinal named. Should the Pope, nevertheless, include the name of any cardinal in such order or law, the chancellor is bound not to permit such order or law to be published.
13. The new Pope shall grant no special reservations to any persons, except in cases in which such reservations are usual.
14. He shall give to each cardinal a fortified place or castle in the neighbourhood of Rome. After the death of the cardinal to whom the place or castle is given, it is to revert to the Pope.
15. Livings, convents, and other church preferments which have been renounced by cardinals, are to be returned to them without delay.
16. The new Pope shall employ all his influence in order that cardinals and other priests may obtain the revenues of such livings as are conferred upon them, but which have hitherto been withheld from them.
17. All church preferments and other offices in the city of Rome are reserved to Roman citizens only.
18. The cardinals who have business to transact with the Pope have hitherto been sometimes obliged to wait in the antechamber together with other persons who are not cardinals. Henceforth a decent waiting-room shall be kept for the exclusive use of the cardinals in every palace where the Pope may reside. The chamberlain is responsible that no person except the cardinals enter the room.
19. The Pope shall not permit soldiers to walk between himself and the cardinals in public processions.
20. He shall pay 200 gold florins a month to every cardinal who, in consequence of his vote at the election, may be deprived of his revenue by any secular prince.
21. The Pope shall approve all that has been done, during the vacancy of the Papal See, by the College of Cardinals.
22. All privileges conceded to the cardinals by any Pope are to be revived, and never hereafter to be revoked.
23. The governors of the seven legations must be cardinals, and the election of the Pope must be approved by the majority of the Sacred College. The voting is to be by ballot. No legate shall be obliged to hold his office longer than three years, if he does not wish it.
24. The offices of the vice-chancellor, penitentiarius, and chamberlain are henceforth to be held for three years.
25. The conduct of the consistorial affairs is to be committed to the cardinals themselves, who are at the same time entitled to receive the fees.
26. If one of the cardinals die, the oldest cardinals are at liberty to select the bishopric, the livings, houses, castles, &c. of the deceased cardinal. This right of option, however, is restricted to the six first vacancies.
27. Secular princes write oftentimes to cardinals, and ask them things which are dishonest, and reflect unfavourably on the honour of the Pope and the cardinals. Any cardinal whatever receiving such a letter from a secular prince, must henceforth communicate it to the Sacred College, and send such an answer as the majority of the cardinals may decide upon.
28. The castles which Pope Alexander took from the bishopric of Bologna are to be re-united to it.
29. Pope Alexander VI. inflicted great losses on Cardinal Julius, Bishop of Ostia, on the Cardinals St. George, Colonna, &c. The new Pope is to indemnify them. All the livings in the gift of cardinals which Pope Alexander VI. sold, are to be returned to the cardinals to whom they belong. The money paid for them is to be given back to the buyers.
30. The new Pope is to pay to the cardinal vice-chancellor 28,000 ducats, lent to the Papal treasury, and 10,000 ducats extorted from him by Pope Alexander VI. Moreover, he shall restore to the said vice-chancellor the town of Nepi and the borough of Anticuli, together with the furniture of which he was robbed by the said Pope Alexander.
31. The new Pope shall return to the Cardinal Colonna all the lands, rents, &c. of which he was deprived by Pope Alexander VI.
32. He shall return to the same Cardinal Colonna the dresses, ornaments, and jewels of his kinswoman, which Pope Alexander VI. appropriated to himself in the house of the Cardinal of St. Angelo.
33. All members of the family of Colonna, Orsino, and Savelli, and all their captains and followers, shall be restored to their former dignities, possessions, and privileges.
34. The lands separated from the church of Rieti shall be restored to it.
35. The new Pope shall administer good justice to the States of the Church.
36. The Pope incurs, ipso facto, the punishment of eternal damnation and malediction if he break any of these clauses. He cannot absolve himself, or be absolved by any other person, from such a crime. Any cardinal who obeys an order of the new Pope which is in contradiction to these clauses loses thereby all his revenues, and incurs other punishments.
The signatures of 34 cardinals, and the ratification by Pope Pius III., follow.
Latin. Copy. pp. 48.
24 Sept.
S. E. T. c. I. L. 4. f. 67.
Conclusion of the marriage treaty.
372. Ferdinand of Spain to Ferdinand, Duke De Estrada.
We have received your letters, and the treaty which you have settled with the King of England, our brother, and the said treaty for the marriage of the Prince of Wales and the Princess of Wales, our children, has given us much pleasure. May our Lord have them in His keeping, and permit them to consummate the marriage, and bestow children upon them, in accordance with our desires and those of the King of England our brother.
Notwithstanding that the articles which have been agreed upon in the marriage treaty are much more to the advantage of the King of England than to ours, yet that he may be aware of the love with which we have entered into the connection, we will allow all to be settled in the manner you agreed upon in England. We have accordingly ratified and signed and sworn the treaty which you sent.
Ratification to be exchanged.
For the greater satisfaction of the King of England, we have ordered the ratification to be despatched in the form which you tell us was agreed upon in England, without omitting or adding one word. Moreover, the Queen has sent it you from here, so that when you have received a similar one from the King of England you may deliver him ours, and send us his.
I send you a letter from me to the King of England, my brother, in which I have expressed the pleasure this connection affords us, and that we have ratified and sworn to the capitulation, together with all that was agreed upon in England, as you will see more at length by the copy of the said letter. Give it to him, and speak to him in conformity with its contents, that he may know how liberally, and with how much good will, we have assented to all that was settled in England, and the pleasure which this connection affords us.
Dispensation for the marriage.
Tell him also that we have already written to Rome in order that our ambassador and his, or both conjointly, may obtain the dispensation for the said marriage. But we believe that some hindrance may have been caused by the death of of the Pope, so that it will not, probably, be immediately despatched. The first thing, however, which we will obtain from the Pope who will succeed, shall be the said dispensation. He (the King of England) ought to follow our example.
Election of a new Pope.
Say likewise from us that he has already witnessed the injuries inflicted of late upon the Church and upon Christendom, on account of there not being a good Pope. He must see how much it imports the Church, and Christendom, that the Pope be righteously elected, and how necessary it is for the service of our Lord, and the wise government of the Church, and for the purpose of making resistance to the Infidels, and securing the peace and welfare of Christendom. We, therefore, entreat him very affectionately that he will be pleased to write to his ambassador, who is at Rome, saying, that if the Pope should not be already elected, he should, conjointly with our ambassador, endeavour to have a good Pope elected as we have said, and that the College of Cardinals should not be deprived of the liberty to make the aforesaid election canonically. Let the ambassador of the King of England, our brother, as well as our ambassador, endeavour to procure this, and do you prevail upon him to send two (copies of his instructions) by two several ways, immediately, to Rome.
King of France.
Succours demanded from Henry VII.
Guienne and Normandy.
I have written another letter, enclosed in this, to the King of England, informing him that the King of France has made war upon us in our kingdoms of Spain, and that, with all the forces he possesses, he has collected an army together, and has made a descent upon Rousillon, and destroyed our fortress of Salsas. Therefore we pray and require the King of England, our brother, that he aid us in the defence of our kingdoms, as by the confederation made between us he is bound to do. Give him our said letter, and ask him on our part that which we ourselves ask him. For although we have made provision in such a manner that, by the help of God, we hope to drive the French out of our lands, and to pursue them into France, yet still we desire that the King our brother should aid us, as he is bound to do, and as we in like case would do. See what aid he is prepared to give, and if he say that he will consent to furnish the aid which is obligatory upon him, and that he will send his troops, on our sending money to pay them, tell him that the supplies will be sent with our ratification. Say also, that we pray that, as soon as it arrives in England, he will direct 2,000 infantry, picked men and well armed, to be made ready immediately. You will then request him to name the captain who will have to take the command of them, and freight the ships in which they will have to come, in order that when the money arrives they may set off instantly. Spread abroad, moreover, a report that more troops are to come ; and, should you see an opportunity, tell the King of England that if he desire to make an effort to recover his duchies of Guienne and Normandy, we will aid him, at our own cost, to recover them. Show him that, if at any time it can be done, now is the best and most favourable opportunity that can ever offer itself. For the King of France has all his forces occupied here, and cannot transport them elsewhere, and such forces as remain occupy the country about Rome.
Let us know his wishes immediately as to everything, and what assured hope we may entertain of England.—Barcelona, 24th September 1503.
Signed : I, The King.
Signed by Almazan.
Addressed : "By the King. To Ferdinand, Duke de Estrada, his Maestra Sala, commander, and ambassador in England."
Written in two different keys of cipher. Only a fragment of one of them is extant. Deciphered by the editor.
24 Sept.
S. E. T. c. I. L. 4. f. 88.
Ratification of the treaty.
373. Ferdinand and Isabella.
Henry VII. possesses all and every virtue of a great king ; his faithfulness especially is so great that he would prefer to die rather than break his word. For this and many other reasons they ratify the treaty concluded by their ambassador with the commissioners of Henry VII. at Richmond on the 23rd of June 1503.—Barcelona, 24th September 1503.
Latin. pp. 4.
24 Sept.
S. E. T. c. I. L. 4. f. 84.
King of France ; his conduct.
374. King Ferdinand to Henry VII.
Has informed him, through his ambassadors, of his agreement with the King of France, respecting the kingdom of Naples. Has fulfilled, most strictly, all his obligations to the King of France ; whilst the King of France, on the contrary, has broken all his promises, and begun war, in order to take by force that which does not belong to him by right. God has hitherto favoured the just cause, and, there is no doubt, will continue to do so in His justice.
Preparations making for war.
The King of France, however, has not contented himself with making war in Italy, but has assembled all his forces, and formed a great army, with which he is now besieging the fortress of Salsas. His intention is to conquer the counties of Roussillon and Cerdaña, and to invade and lay waste as many provinces of Spain as he can. Feels deep sorrow that Christians should destroy Christians instead of turning their arms against the Infidels, but is obliged to defend his dominions. The preparations of Spain are of such a kind that the King of France will regret having begun the war.
Informs him, as his friend and brother, of these occurrences, and begs him to send the assistance which he is bound to give, according to the treaty of alliance concluded between England and Spain. Does not attack France, but only defends his own kingdom. This, therefore, is exactly the case provided for in the said treaty.—Barcelona, 24th September 1503.
Addressed : "To the most illustrious King of England our most beloved brother."
Spanish. pp. 3.
24 Sept.
S. E. T. c. I. L. 4. f. 85.
Marriage treaty.
375. King Ferdinand to Henry VII.
Has received his letter and the treaty concerning the marriage between Henry, Prince of Wales, and the Princess Katharine. Has, moreover, been informed by his ambassadors that the act of betrothal between the said Prince and Princess has been performed. Is very glad to hear these good news, and to know that henceforth the interests of England are identical with the interests of Spain.
Has ratified, signed, and sworn the treaty of marriage without making any alteration in it. Sends the ratification to his ambassadors in England, in order that they may deliver it into his hands.—24th September 1503.
Addressed : "To the most illustrious King of England, our beloved brother."
Spanish. pp. 2.
24 Sept.
P. R. O.
376. Ferdinand, King of Spain.
Ratifies the treaty of marriage between Henry, Prince of Wales, and Katharine, Princess of Wales.—Barcelona, 24th September.
Latin. pp. 10, in print. The treaty is included.
Printed in Rymer.
26 Sept.
S. E. T. c. I. L. 4. f. 81.
Piracy committed by Spanish captains.
377. Henry VII. to Ferdinand and Isabella.
Spanish captains daily commit acts of piracy and robbery in English ports and waters on English subjects, as well as on subjects of friendly powers. It is provided by the treaties between England and Spain, that Spanish captains shall not do any harm to English vessels, whenever they may meet them, and to vessels of friendly Powers as long as they are in English harbours or in English waters. Begs them, therefore, to send orders to their admirals and captains to abstain, in future, from similar acts of violence, and which certainly are not calculated to increase the friendship between England and Spain.
Would write more circumstantially on the subject, if it were not to be expected that they will prohibit such glaring acts of injustice as soon as they shall have been informed of them. The French have been guilty of similar insults to Spanish vessels in English harbours. Has written to King Louis, and there is not the least doubt that he will, without loss of time, make full reparation.—Langley, 26th September 1503.
Latin. pp. 3.
30 Sept.
S. E. T. c. I. L. 4. f. 88.
378. Isabella, Queen of Spain.
Ratifies the treaty of marriage between Henry, Prince of Wales, and Katharine, Princess of Wales, concluded at Richmond on the 23rd of June 1503.—Segovia, 30th September 1503.
Latin. p. 1.
30 Sept.
P. R. O.
379. Isabella, Queen of Spain.
The same ratification.
Printed in Rymer.