Venice: February 1532

Pages 320-327

Calendar of State Papers Relating To English Affairs in the Archives of Venice, Volume 4, 1527-1533. Originally published by Her Majesty's Stationery Office, London, 1871.

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February 1532

Feb. 1. Sanuto Diaries, v. iv. p. 267. 732. Prothonotary Casal.
The English ambassador came into the College, soliciting permission for a doctor in canon law to go to Rome about the divorce case. The Doge told him the Senate should be consulted.
Feb. 3. Sanuto Diaries, v. iv. p. 400. 733. Carlo Capello to the Signory.
The marriage of the Princess of England to the Duke of Orleans is delayed, because the Bishop of Winchester has not returned. The meeting of Parliament will also be delayed. The most Christian King having to give his son the Duke of Orleans the investiture of certain territory, apologizes for his inability to do so, save in conjunction with the [French] Parliament, as it is to the detriment of the Dauphin, and to the diminution of the kingdom of France. On this account the marriage is delayed. The day before yesterday Dom. Andrea Orsini (sic) arrived here as envoy from King John [Zapolski], to make peace with King Ferdinand, (fn. 1) and to apologize for his understanding with Sultan Solyman.
This envoy has been to France and to Rome, and would fain make peace for 20 years, or at least a truce for three years, and says his King insists on having the whole of the kingdom of Hungary.
Last evening received letters, enclosed, from the captain of the Flanders galleys at Hampton, requesting him to arrange with the King for the punishment of all the galley oarsmen who thus insulted him. Went to his Majesty, who was with the French ambassador, and who sent him word that if he had no letters from Venice, he was to speak to the Duke of Norfolk. The Duke gave orders for letters to be addressed to the mayor [of Southampton], desiring him to give every assistance to the captain; and that if the force (le zente) at Southampton did not suffice, he was to procure assistance from the neighbouring villages.
Advices have been received in London from every quarter, and by way of France, of the preparations making against Italy by Sultan Solyman.
London, 3rd February. Registered by Sanuto 16th March.
Feb. 14. Sanuto Diaries, v. lv. p. 401. 734. Carlo Capello to the Signory.
The Bishop of Winchester, who is in France, will not return for a long while, as he has sent for his silver (arzenti); and the meeting of Parliament will therefore be delayed.
The King has received a brief from the Pope, as enclosed, for assistance to Christendom against the Turk. His Majesty replied that he would not fail to do as his ancestors had done, and more than is done by the other powers, who have more at stake. It also seems that the Pope wrote another brief to the King of France, who answered he would do as his ancestors always had done; and should the Turk come into Italy, he will march against him with 40,000 infantry and 5,000 men-at-arms.
There are 100 corsair ships off the coast of England.
London, 14th February 1532. Registered by Sanuto 16th March.
Feb. 20. Sanuto Diaries, v. lv. p. 398. 735. Carlo Capello to the Signory.
Receipt of a letter from the captain of the Flanders galleys at Hampton, that he narrowly escaped being killed by the crews of the galleys.
London, 20th February. Registered by Sanuto 15th March.
Feb. 20. Sanuto Diaries, v. lv. p. 401. 736. Carlo Capello to the Signory.
Letters received from the Bishop of Winchester, showing he hopes soon to conclude the marriage of the Princess of England to the Duke of Orleans.
London, 20th February. Registered by Sanuto 16th March.
Feb. 20. Lettere del Collegio (Secreta), File no. 12. 737. The Doge and College to Carlo Capello, Venetian Ambassador in England.
Received his letters about the wools, and commend his diligence. Transmit summaries of despatches addressed to them from Constantinople, dated 31st December, which he is to communicate to the King.
Feb. 22. Sanuto Diaries, v. lv. p. 349. 738. — to the Duke of Mantua.
In the last Consistory, the English divorce case was debated by the advocates on both sides—nothing concluded. They will delay the case as long as they can, although the Imperialists vehemently urge its despatch.
Home, 22nd February. Registered by Sanuto 29th February.
Feb. 22. Sanuto Diaries, v. lvi. p. 15. 739. Filippo Basadona, Captain of the Flanders Galleys, to Carlo Capello, Venetian Ambassador in London.
The “master” Giulio Bragadin is in London, in the house of the Consul Hironimo Molin; he cannot depart on account of his debts. He would fain resume his post of “master” of the galley, but he (the captain) will not allow this. Domenego di Priuli has been appointed vice-master.
The galleys arrived to take in their cargoes six days ago. Has promised the crews three rates of pay, two of which have been given, including the galley Badoera; but the men of the Grimani cannot be paid, and he will delay for another day. Should said “master” not come from London, he (the captain) will sell the freights.
Wished to punish the men who insulted him. One Domenego, of Venice, a mate (compagno) on board the Grimani galley, for having assisted him, was stoned. With the assistance of his admiral and sailing-master (comito) got safe into his own house. The inhabitants of Southampton wished the mutineers to be punished merely by strappado, and nothing more. Has written about this to the ambassador in London, and, at any rate, would wish two at least to be put to death, as an example for the others.
Hampton, 22nd February. Registered by Sanuto 6th April.
Feb. 23. Sanuto Diaries, v. lv. p. 336. 740. Prothonotary Casal.
The English ambassador came into the College, and spoke about the wool staplers and the Venetian galleys, and delivered a writing.
Feb. 23. Sanuto Diaries, v. lv. p. 349. 741. Marco Antonio Venier, Venetian Ambassador at Rome, to the Signory.
Yesterday all the auditors of the Rota and the attorneys (procuratori) of this Court entered the Consistory, to debate the English divorce case. There was much dispute between the advocates and attorneys on either side, but nothing was determined; and now the King insists (brava) more than ever, as stated by the LL.D., the “Excusator” and others at Rome in his Majesty's name, including the ambassador, (fn. 2) who returned a few days ago.
Rome, 23rd February 1532. Registered by Sanuto 29th February.
Feb. 23. Sanuto Diaries, v. lv. p. 349. 742. Marco Antonio Venier to the Signory.
The English ambassadors (fn. 3) have presented twenty-five conclusions, which he sends in print. Congregation has been held concerning these. The Pope will only allow four of them to be discussed, and the matter will be debated in public at the first Consistory. Today, as the Imperial ambassadors were in Consistory, this could not be done, and the business was referred to the next Consistory.
The Pope told him that the Grand Master of Rhodes is afraid to remain at Malta, and would fain come to Syracuse in Sicily; but as that city is the Viceroy's residence, the Emperor would not consent; and it would be well to bring the Knights to Italy, and give them Gallipoli or Otranto, should the Emperor approve, and, if not, the Pope thinks of giving them Ancona, whither he has sent Antonio di Castello, an experienced military engineer, to see about fortifying it.
Rome, 23rd February 1532. Registered by Sanuto 29th Feb.
Feb. 23. Sanuto Diaries, v. lv. p. 349. 743. Divorce Case.
Conclusions of Edward Karne, LL.D., transmitted to the Signory in the letter of Marco Antonio Venier, dated Rome, 23rd February 1532.
The divine assistance being implored for licence and concession from his Holiness, and at the suit of the eminent Excusator of the most illustrious and invincible King of England, we Sigismund Dandolo di Pistorno, a very humble (minima) Consistorial advocate, and Michele de' Conradi de Tuderto, doctor of civil and canon law, by order of the most illustrious King and the Excusator, being called before the sacred Pontifical Consistory, under the presidency of the Holy Pontiff and his sacred Senate, will endeavour according to our feeble force, to maintain, severally and particularly, the following conclusions. On the 16th of the present month the first of the underwritten conclusions will be disputed, and the others which are to be debated will be announced successively.
The state of the case (Facti contingentia) is proposed thus:—
It having reached the ears of the illustrious English LL.D., Sir Edward, that by order of D. Paolo di Capizuchi, Papal auditor, the very worthy (meritissimi) auditor in the matrimonial suit between the most illustrious and invincible Henry, King of England, and Katharine, the most illustrious Queen, in quality, as reported, of Apostolic delegate, the aforesaid most illustrious King, at the suit of the above-mentioned most illustrious Queen, was cited by an edict, to appear before him, in person, or by attorney:
Said Sir Edward, as Excusator, presented to the above-mentioned D. Paolo certain apologies (quasdam materias excusatorias), exhibiting and producing demands, in order that, if relevant (ut relevantes), they may be admitted; saying that he was prepared to prove them collectively (liganter). The same purport, amongst other things, that it is moreover notorious that the aforesaid King cannot move to so great a distance from the kingdom without causing inevitable injury and grevious dishonour (scandolo) to his realm and subjects, and unavoidable peril to himself personally and to his aforesaid kingdom, by reason of the places (locorum) through which on his way to the Court of Rome said King would necessarily be compelled to pass, as stated more diffusely in the writings, with regard to which, before the aforesaid most worthy, grave, and just Auditory, during the discussion, royal letters were delivered to the said Sir Edward, abbot (sic) and introduced (productæ) in the acts, which among other things contained the following words:— “We assuredly approve of what you are doing;” and in another part of said writings:—“But as you have undertaken this defence not in our name, but in your own, we exhort and pray you that in the mode in which you have commenced, you will at any rate persist and continue, so that thereby it may be more copiously,” etc., etc. Whereupon a question having arisen in the aforesaid most renowned Auditory, whether the above-mentioned “Excusator” with his propositions should be admitted, we advocates said and say, in accordance with what is gathered from the juridical conclusions which it is proposed to submit to the Consistory, that the said “Excusator,” with the said propositions, ought by law to be admitted.
Conclusion I.—In the case now under discussion according to the tenor of the matters (materiarum) the royal dignity does not prevent the objecting to the site on the plea of insecurity.—According to Com. op.
Conclusion II.—The Excusator is admitted without a mandate, to allege a just, unavoidable, temporary (temporale) impediment.—According to Com.
Conclusion III.—A person prevented by probable and inevitable impediment is not bound to appoint an attorney.—According to Com.
Conclusion IV.—By the tenor of our matters, the impediment is styled both probable and unavoidable.—According to Com.
Conclusion V.—The Excusator is admitted without a mandate to allege a notorious and just temporary (temporale) impediment.
Conclusion VI.—Decis. Bar, et sequitur, in § ad crimen. In one paragraph (versiculo) there are some probable excuses. The accuser de publ. judic. considering the matters, this does not prevent the admission of the Royal Excusator.—According to Com.
Conclusion VII.—And the objection being admitted—without detriment to the truth—we assert that the “requisitum Bar” (sic) in the said paragraph, in order that the Excusator may be rendered admissible, is gathered, and may be inferred by right, from the King's letters.
Conclusion VIII.—The tenor of the matters (materiarum) does not infer such an impediment (without considering the royal dignity); wherefore in this case the King is by right compelled to appoint an attorney.—According to Com.
Conclusion IX.—On the contrary, abiding by the matters aforesaid, and the consideration, the King, in this case, is not bound to appoint an attorney.
Conclusion X.—The most invincible King of England was not cited by the Pope. This likewise being conceded without detriment to the truth.
Conclusion XI.—The citation made by the Pope, in the case under discussion, is not compulsory for any one prevented by a just impediment (as in the present matters) from appointing an attorney.—According to Com.
Conclusion XII.—The aforesaid citation, charging him to appear in person or by attorney, is not compulsory for any one prevented from appointing an attorney.—According to Com.
Conclusion XIII.—Matters standing as they do (Inn. et seq. ad Cap. cum dilecti: De dolo et contumacia) it is not applicable juridically to the case under discussion.—According to Com.
Conclusion XIV.—Neither is the general inference, ex dicto intellectu, applicable by right to the case under discussion.—According to Com.
Conclusion XV.—The exception, with regard to safety of place, is valid, not only when the place in which the sentence is treated is insecure, but also when the intermediate places which must necessarily be passed to arrive at the judgment-seat are not secure.—According to Com.
Conclusion XVI.—The case under discussion is an important one.—According to Com.
Conclusion XVII.—In the case under discussion the site ought to be secure not only for the attorney, but also for his superior (Domino).
Conclusion XVIII.—The aforesaid matters standing as they do, a suitable place should be provided for the most Illustrious King, although not demanded by him.—According to Com.
Conclusion XIX.—L. prima, Cap. Quando Imperat., inter puppill. et vid., does not juridically prohibit the Royal Excusator from being admitted with the matters aforesaid.
Conclusion XX.—Neither—the things aforesaid standing as they do in the case aforesaid—is the King by his own order (propter ejus dispositionem) compelled juridically to appoint an attorney.— According to Com.
Conclusion XXI.—The asserted oath of fear does not by right prevent the apologetic matters from being admitted.—According to Com.
Conclusion XXII.—The case under discussion is not reserved exclusively for the Apostolic See.—According to Com.
Conclusion XXIII.—The alleged style of the Court of Rome, according to which it is said that a case once referred to that tribunal, should never be intrusted elsewhere, does not imply that, as the matters stand, the Pope is legally prohibited from intrusting the case under discussion to any other tribunal than that of Rome.
Conclusion XXIV.—In the case under discussion, the attorney ought to be admitted to allege and prove the aforesaid matters, nor is the person cited compelled to appoint an attorney with whom the trial may be continued, in virtue of the decision, “de dolo et contum. in antiq. vel D.CC.XXIV.,” (sic) in such matters as not excepted by right.
Conclusion XXV.—Considering the matters, and the case under discussion, the laws (purporting that the cognizance and decision of the suits of Kings and Princes appertain to the Apostolic See) will not be null, or fail to take due effect.
Enclosed in a letter dated Rome, 23rd February. Registered by Sanuto 29th February 1532.
Feb. 25. Sanuto Diaries, v. lvi. p. 15. 744. Carlo Capello to the Signory.
Sends a copy of letters from the captain of the Flanders galleys, who demands letters addressed to the governors of Hampton, that they may give assistance for the punishment of the mutineers.
Being unable to have audience of the King, spoke to the Duke of Norfolk. The Duke said the matter was not of such a sort as to subject the mutineers to capital punishment, but only to moderate penalties.
Last evening a courier arrived from Rome; does not know the cause. The Papal Nuncio goes frequently to the Court.
That Andrea Corsim (sic) the envoy from King John [Zapolski], has departed after being much noticed by his Majesty, who made him a present.
The Duke of Norfolk complains that the Signory outrages the King without any reason, by not allowing the doctors of Padua to appear for his defence.
London, 25th February. Registered by Sanuto 6th April.
Feb. 27. Deliberazioni Senato Terra, v. xxvi. p. 232. 745. Flanders Galleys at Hampton.
Motion to extend the commission and orders given by the nobleman Zuan Battista Grimani, master of one of the Flanders galleys, to Zuan Morello.
Ayes, 147. No, 1. Neutrals, 5.
Feb. 28. Sanuto Diaries, v. lv. p. 373. 746. Marco Antonio Yenier to the Signory.
Consistory was held for the affairs of England. The matter was debated, but nothing settled; and it was referred to two Cardinals —Cortona [Ancona ?] (fn. 4) and the Pope's Referendary, Monte Aldino; for discussion subsequently with the Cardinals.
Rome, 28th February. Registered by Sanuto, 7th March.


  • 1. Ferdinand of Austria, King of Hungary and Bohemia in 1527, and elected King of the Romans on the 5th January 1531, (See L'Art de Verifier les Dates.)
  • 2. Dr. Benet. (See “State Papers,” vol. vii. p. 346.)
  • 3. Ghinucci, Bishop of “Worcester, Sir Gregory Casal, Dr. Benet, and Edward Karne. (See “State Papers,” vol. vii. part v. continued.)
  • 4. In the original diaries Sanuto wrote “Ancona” and above it “Cortona.” He was not sure of the name.