Henry VIII: June 1529, 16-20

Pages 2509-2523

Letters and Papers, Foreign and Domestic, Henry VIII, Volume 4, 1524-1530. Originally published by Her Majesty's Stationery Office, London, 1875.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.

Page 2509
Page 2510
Page 2511
Page 2512
Page 2513
Page 2514
Page 2515
Page 2516
Page 2517
Page 2518
Page 2519
Page 2520
Page 2521
Page 2522
Page 2523

June 1529

16 June.
Theiner, p. 583.
In my last of the 4th I announced that we had decreed a citation to the King and Queen for the 18th inst. Yesterday the King returned to Greenwich,—I suppose, in order to be present at the day fixed. The Queen in passing crossed the water, and came to visit me, even to my bedside, owing to my gout, which is accompanied by a slight feverishness, she being very anxious and perplexed about her affairs. The cause of her coming was to tell me that her advocates, who ought to have come from Flanders, had not come, because, it seemed, the Emperor had given them to understand that he did not wish them to do so, as the place is not safe. Consequently, the Queen found herself without any one to plead for her; for although she had certain other English counsellors assigned her by the King, it was easy to believe that they would in everything have greater regard to the King's pleasure than to her necessity. She therefore requested my aid and counsel. In reply, I exhorted her to keep a good heart, to rely upon the King's justice, and upon the conscience and learning (dottrina) of those prelates who have been assigned to her for counsellors, and to rest sure that nothing inconsistent with justice and reason would be done by us Legates.
She then inquired, what was the state of the case (de litis pendentia), and how any proceedings could be taken during the trial of the cause at Rome before the Pope; asking what I knew about this matter, and whether the cause had been revoked. I replied that I had learned by letters of the 15th ult. that, although great importunity had been made, the commission had not been signed, for these reasons,—that the cause had not been brought into court, and that the Pope, having deputed two Legates for this process, would not revoke it without great forethought and consideration. I exhorted the Queen to pray God to enlighten her, in order that she might take some good course in this great difficulty, considering well her state, the times, and the tendency of things, and committing to God all or the greater part of her troubles. Although she is very religious and extremely patient, she does not accede in the least to these hints of taking vows. She regards this fact as the great solace of her mind and as the firm foundation of her righteousness, that from the embraces of her first husband she entered this marriage as a virgin and an immaculate woman. This she very solemnly swears. She formerly made the same declaration, and still declares and affirms it even to the King himself; and it appears that this thing raises some scruple in the King's mind. On the Queen's departure from me she went to her lodging here in London, and there met her counsellors. Nothing else has occurred since up to the present hour.
I communicated your last letters to the Cardinal by my secretary, as also to the King, who was at Hampton Court. They did not fail to refer to what their ambassadors had mischievously written in the first instance when they were cited, and since. I have made them all comprehend that the Pope could by no means prevent the Imperialists from doing what they did; so that some of our people here assert that not even the King himself could prevent a similar act of justice being done in this kingdom. They are, however, of opinion that the Pope will not sign the commission or revoke the cause; and therefore they are making the utmost importunity for it to be proceeded with and terminated.
What counsel the Queen will take under these circumstances is unknown. Some think she will object to the place, some to the judges; some think to both. Others think she will not appear; others, again, that she will allege pendentia litis or some other hindrance or impediment. Within three days we shall know for certain. I will not fail with all my ingenuity to pursue whatever course will tend to "the honor of the justice of this Holy See and of his Holiness," although I may be greatly impeded in so doing both in body and soul. In addition to my other troubles, I receive no remittances from Rome. Pray make prompt provision, in order that I may not fall into dishonor by getting into debt, or begging in an undesirable quarter.
The Treasurer, who went to the French king with the duke of Suffolk, returned here on the 9th, on account of the negotiations for this peace. I understand they (the French) insist on an immediate determination being taken, but here there is not so much ardour as there might be. It seems to me the negotiation is being procrastinated, in order to witness the result of this cause, or at least until it is put in good trim. The cardinal (Wolsey) is using all his efforts to secure its conclusion, with the Pope's authority. He tells me that the French king and his own King desire him to repair to Cambray for the present negotiation, and that on the completion of this business we shall go in company, and not depart without great honor and satisfaction to the Pope. London, 16 June 1529.
P.S.—When conversing with the Cardinal about the peace, and the coming of the Pope to the place of congress, he told me that the Pope would not repair thither, as the French had refused his conditions, which were, that Marseilles or Rouen should be placed in his hands for his security. I replied that it seemed very unlikely the Pope should demand such a thing, because he had no suspicion either of the French king or the Emperor.
16 June.
R. O.
I have held the sessions in Kermarthen, in S. Wales, to the King's advantage, according to the old custom, correcting thieves and malefactors. During the sessions Rece Griffiths, Esquire, encouraged the malefactors by causing proclamations to be made in divers churches to induce the people to attend upon him, and make quarrels in the town of Kermarthen. On Tuesday, 15 June, he came into the castle with his armed servants, where I was with other gentlemen, and picked a quarrel with me about Thos. ab Howen, his kinsman, whom I had committed to ward for various misdemeanors, and for hurting the people when they came to the castle to demand remedy, by which he has forfeited to the King 650 marks, as appears by his recognizance and other bonds taken before the Prince's council. When he drew his dagger on me I took it from him, and committed him to ward, and shall keep him there till I know your pleasure. His friends stir up the people to rebellion, but he shall not be let out till he finds sufficient surety to answer for his misdemeanors. I beg an answer by my chaplain, the bearer, and to be informed how I shall act in this case. Kermarthen, 16 June. Signed.
P. 1. Add. Endd.: "My lord Ferrers, &c."
16 June.
Galba, B. IX. 168. B. M.
Has received his letter. The Spaniards, who have plundered Englishmen, have done the like to her subjects.
Is sure that it was against the Emperor's wish, as he has confirmed the truce. Thanks him for his offer of delivering them, on their making restitution. Will write to the Emperor to desire him to prevent such outrages. Assures him that the English will be well received here. Brussels, 16 June '29. Signed.
Fr., p. 1. Add. Endd.
16 June.
R. O.
Commission under the seal of the duchy of Lancaster to Thos. Barkeley lord Barkeley, Sir Edmund Tame, and John Arnold, for the settlement of certain disputes within the town of Wynchecombe, Glouc., and to enquire into the alleged felony for which Thos. Hyde was arrested. Dated 16 June 21 Hen. VIII.
On parchment.
[16] June.
Vit. B. XIV. 18. B.M. Records of the Reformation, II. 609.
Her appeal to the Pope and protestation against the jurisdiction of the Legates. Barnard's Castle, [16] June [1529].
Notarial copy by Florian Montinus, attested by [Wm.] Claiburgh.
Lat., mutilated, pp. 14.
17 June.
R. O.
His servant, Master Ryx Griffith, is in Caermarthen castle, in the keeping of lord Ferrers, on a false surmise of desiring one Thos. ap Owen, servant to the King, then in ward in the same castle, to take out of the constable's hands one Jankyn, servant to the said Ryx; upon which the said lord Ferrers drew his dagger, and Ryx in his defence did the same. There was no harm done, except that Ryx was hurt in his arm. On this he was commanded by Ferrers, on a penalty of 1,000l., to remain in the castle; at which the county is greatly discontented. The same Ryx, before he came to Caermarthen, sent his servants to take lodgings for him among his tenantry, and to set up his arms on certain doors, which were taken down by Ferrers. Great dissatisfaction has prevailed ever since Ferrers was officer in these parts; for he and his servants quarrel with Ryx's tenants. Ryx would have written, but is kept from pen and ink. Begs, for the great love between Wolsey and her father, that he will not allow them to have shame and rebuke. Caermarthen, 17 June.
Hol., pp. 2. Add.: My lord Legate. Endd.
17 June.
Lanz, I. 308.
Did not render to the Emperor an account of the conversations which he had held, and the services which he had performed, with the king of England, when he took leave of the King, because he thought he should be his own messenger.
Madame (Margaret) sent him the letters which Montfort had brought to her towards the end of March, and which gave Mendoza his dismissal, directing him before his departure to procure a renewal of the ancient amity which had always subsisted as well with the Cardinal as with the King. Before speaking to the King, went to see the Cardinal, and said all he could to persuade him in order to draw the King into the Emperor's amity, and in order that the Cardinal should become a third party in the same. Although the Cardinal's reply was to no good effect, all hope of a favorable result was not to be lost. At length, as Mendoza continued to urge the amity, he said that after he had spoken about it with the King he would give Mendoza his answer.
Ten days after, when he had well considered the subject with his master, he sent for Mendoza, and made the usual long preamble, to the effect that the separate peace should be suspended for the present, and that only a general peace should be labored for throughout Christendom. Replied that the Cardinal knew very well, judging dispassionately from the past, who was the cause of the present war; that Charles had always been inclined to peace, for the public good; that he would accept any just and honorable conditions; and that a separate peace was the only means of arriving at the general peace which the Cardinal desired. The Cardinal then requested Mendoza to show him the power which he had to effect this separate peace. Replied that before the signature of the document, he would give full satisfaction with respect to his power.
The Cardinal then commenced to treat upon the subject of the debts due to his King and to himself. He evidently wished to entertain Mendoza with words not to the least effect; and as he perceived that Mendoza would be obliged to depart because he could do nothing, he took ten more days to consult the King, in order to defer Mendoza's departure. After more than twenty days, the Cardinal made answer, with the King's consent, that Mendoza might entertain good hopes, as the King would give him a most ample reply on all points, and that the King would give the ambassador an audience within four days.
At the day fixed, went to Greenwich, and met the King as he was issuing forth to go to mass. respects, Mendoza commenced to speak in a voice so loud and so intelligible that he could be heard by all, saying that he had attended in the Court for three years, during which he had constantly offered the amity of Charles to the King, between whose predecessors and those of the Emperor a firm alliance had perpetually subsisted, while with the King's adversaries the Emperor had remained at enmity; and for these reasons it was neither just nor reasonable that for a slight accident so ancient a friendship should be destroyed. Declared, moreover, that he had come once more in the Emperor's name to appease any grievance or dispute which might have arisen between their two Majesties.
The King then bade those who were nearest to retire, and led Mendoza to a window, where he repeated all his old complaints,—with which the Emperor is well acquainted; and he descended by the Cardinal's stair, in order that he might argue for a general peace. (fn. 1) Reminded the King that he had many times delivered his charge upon the subject of these grievances, and said the King ought to be contented. Stated that he had no commission to speak of the general peace, but an ample commission for a separate peace. After dinner the King took Mendoza apart, and informed him that he had held a long consultation with the Cardinal, and expressed his astonishment that Mendoza should seek to amuse him with fair words, seeing that he had so many causes of complaint against the Emperor. Asked the King whether he had any other grievances than that respecting the debt. He replied that he had;—one was, that Charles had held him in such little account that he would never, out of regard for the King, make peace with the king of France; another, that Charles had, to his great disadvantage, interfered at Rome to hinder the matter which he had undertaken for the discharge of his conscience.
Reminded the King of the conditions to which the French king had bound himself on his faith and word, and of those to which the Emperor was bound, when the contract at Burgos was broken; from which the King might see that, out of consideration for himself and for the public weal, Charles had lost a large portion of his right. Remarked also that if the king (Henry), by amicable means, had continued the neutrality which he had commenced, his affair and his authority would have been benefited. Urged that what was done at Rome on the Emperor's part was so just and reasonable that Henry ought not to complain of it, especially as he had set the example by giving to his wife, for her defence, a council of the most learned and distinguished prelates and lawyers of the realm, remitting the fealty which they owed to himself, and ordaining that the same should pass to the Queen; all which induced the belief that his Highness did not intend to use any violent measures.
The King denied that the Emperor had lost a large portion of his right out of regard for himself, because all the articles agreed to by Charles had been already published elsewhere before they were treated upon with him or his ambassadors. Henry said he had intervened with all possible mildness in the peace until he saw it was of no avail, and then he had adopted rigorous measures; and that his ambassadors had delayed (posé en effect), in order to arrive at a general peace. As to the Queen, who wished him alone to defend her, the King said that, for this reason, and in order that the truth of this matter might appear the more plainly, he had assigned to her such a council for her defence; that he had no need for the defence of the Emperor or of any other prince, seeing that he did not interfere in the affairs of others, and that no one ought to meddle with his.
As to the first point, Mendoza replied, that the King was greatly deceived if he thought the Emperor would have been influenced more by menaces and threats than by love for the tranquillity of Christendóm. As to the second, that if Charles had intervened between the King and his wife, it was not to set them at discord, but to labor that they might live in the same concord and harmony in which they had always lived. That Charles, in acting thus, believed he was acting in accordance with his conscience and his honor, and with the authority of his person and that of the Queen, to whom he was so greatly bound. That if, on Charles's part, anything had been done for the said defence, it had been done with so much moderation as to be evidently done out of love for the King.
To this Henry answered, in great wrath, that he wished Charles to know that the more he defended the Queen the more he would injure her cause. Replied that Charles could not abandon her defence, even if the Queen desired it; and on this account the Queen did not merit any greater ill-treatment, for it was not in her power to prevent Charles from acting as he did.
The King then departed, in order, as Mendoza supposed, to go and render an account of all that had passed between them to the duke of Norfolk and others who were there. After he had remained with them for some time, he sent for Mendoza into his chamber, and told him that as he intended first to accept the amity of the French king, he had determined to refuse that of the Emperor; but that if he wished to treat for the general peace, "il nommât celui qu'il vouloit, à fin qu'il pût interposer sa personne pour la porter aux fins qu'il avoit toujours tant souhaité."
Replied that he had no commission for the general peace, but Madame (Margaret) had one, or would have one shortly, if it were necessary. The King said he understood very well that Mendoza was only urging the separate peace to extract some promise (parole), by means of which Charles could obtain better terms from France. Told the King he was in error, for the Emperor was not compelled to seek the amity of France. Requested him to consider what authority and reputation he had enjoyed through his friendship with Charles, and how he had always participated in the Emperor's victories and good fortunes; that if on this occasion he followed the example of his predecessors, the Italian victory would, in a great measure, be attributed to his Highness, as to one who, by his counsel and with his assistance, had effected it.
The King made answer that the Emperor would find the enterprise more difficult than he imagined; that the preparations for it were not yet come from Italy (venus d'Italie); that he was better informed than any one as to what was wanting for it; and that he could not make peace with Charles without making peace with the French king.
Requested thereupon his dismissal, seeing that his residence at the King's court bore no fruit. Henry gave it very reluctantly, and then returned to his chamber, very dissatisfied, as it seemed. Returned to his lodging, after giving an account of his interview to the duke of Norfolk, and telling him the cause of his departure. Two days afterwards the Cardinal sent for Mendoza in a round-about way, in order that the summons might not appear to proceed from the King. "Il voulut me retenir par des paroles, lui paroissant que la conjuncture, dans laquelle je partois, lui étoit fort contraire, à cause qu'avec l'entreprinse d'Italie son parti s'afoiblissoit, d'où l'amitié avec la France pourrait resulter, voyant qu'il n'étoit pas le maître de l'empêcher." Wolsey said his King desired the general peace above everything else, because in honor he could not do otherwise at present; but great affairs were constantly on the change, and that Mendoza had better depart in consequence of his ill-health, especially as the amity—both generally and particularly—could be negotiated with the (English) ambassador who was coming hither (to Flanders). Replied that the Emperor would shortly send a person to reside there, and that they could likewise appoint an ambassador in ordinary, to the end that the mutual understanding might not be lost.
With this agreement took his leave, but had to wait 17 days before he could obtain his passport; "pendant quel temps arrivèrent ceux qui étoient allé demander le brevet à Sarragoce;"—from whence the King learnt three things, which greatly moved him: first, that the departure of the Emperor (for Italy) was quite certain; secondly, that the ambassadors were returned to Valladolid, at which he was annoyed; thirdly, because he had not been informed of the cause of their going thither. As to the departure for Italy, the King was so grieved at it, that he immediately dispatched the duke of Suffolk to the king of France, to incite him, as it is believed, to provide for the affairs of Italy, and to give him not only counsel but assistance. All this proceeds from that unfortunate marriage, from which he is doing his very utmost to free himself; and on this account he will put all possible obstacles in the Emperor's way, to prevent him from going to Rome.
With regard to their ambassadors, they would desire exceedingly that one of them should remain there (in Spain), because they think it is necessary to keep an ambassador at the Emperor's court, as they have always done so formerly. They declared their repentance for what they had done; that what was passed ought to be dissembled out of regard for the future. Is sure they would have given him his dismissal if he had not forestalled them, and that he gained authority by demanding it. As (fn. 2) they had concerted that Mendoza should make the exchange with the bishop of Worcester, and that Dr. Lee should remain, they agreed that both of them should come, and that Mendoza should be exchanged for them. On this agreement departed from London and came to Calais, where the Cardinal told him he would find his passport; which came three days after he arrived there (at Calais), but so full of errors and with such conditions that Mendoza refused to avail himself of it.
As letters were come by way of Lyons and Geneva, which removed all doubt about the Emperor's departure, Mendoza wrote to the Cardinal that if the King gave him permission to quit that place (Calais), he would give his word of honor not to leave these countries (Flanders) before Charles had given order for the English ambassadors to return there (i.e., to England); otherwise he would surrender himself at Calais as a prisoner, until their ambassadors had departed from that realm (Spain). The King granted this, because of a rumor being spread that the Emperor's negotiation with England had been broken off. (fn. 3) Acted in this manner for three reasons. First, because he feared that on arriving at Barcelona he should find the Emperor to have already departed. Secondly, because he felt assured that he (the King ?) would use all imaginable artifices before taking a direct course,—the more so as Reves, in certain conferences held in England with the French ministers, could not defend his master's proceedings, the honesty of which was very dubious; whereat they were highly indignant. (fn. 4) Thirdly, and chiefly, because he had always endeavored to take part in the former enterprises of Charles, which he would not have been able to do had he remained there (in England), as his indisposition could not suffer the sea; but from here he can proceed by land, as soon as the English ambassadors are in France. Prays the Emperor to command them to betake themselves thither, binding them to write, instantly after quitting the realm (Spain), to the captain of Calais, who will inform Mendoza. Madame has promised that if the ambassadors were not dismissed, she would cause Mendoza to return to Calais.
After he had crossed the channel (détroit), received a letter from Charles, dated at Saragoza, 19 April, with the Act which was made for the English ambassadors, when they demanded the original of it in the name of their King. The copy of the whole was brought by those messengers of the Queen, for which reason there was no need to send it. Wrote immediately to the Cardinal on the subject of the safe-conduct for the person whom Charles desired to send. The Cardinal answered that it was necessary to have the name of the person. As it was not mentioned in Charles's letter, there will be some delay.
When he left London the whole affair of the Queen remained in great quietness, and there was no appearance of any process being made. It was unnecessary, therefore, to draw up an act of protest, or to institute the slightest appeal before the judges, for Campeggio had not then adjourned the suit (partie), and was still ignorant whether the king of England (fn. 5) had accepted the commission. After Mendoza had arrived at Bruges, he learnt that the King was urging strongly for the process to be seen, and that the Queen had been summoned to appear before the Legates on the 18th inst. The Queen wrote instantly to Madame, informing her of this, and earnestly requesting her to send the two lawyers (jurisconsultes) who had been there formerly, for if she employed English advocates they could not speak with so much freedom as strangers. It seemed to Madame and her council that to do so would be contrary to their allegation that the defence of the cause in that realm is useless. Wishes, however, that the advocates should be sent, but only to refuse the jurisdiction in the name of the Queen, to allege the reasons for that refusal, and to interpose the appeal; for the Queen will be greatly afflicted if the advocates be not sent, and the people would lose courage, thinking she had been abandoned. Is awaiting the person whom Charles is to send from his court, and who should be a good canonist.
By a letter from Dr. May, dated at Rome, 17 May, has learned all that had passed with the Pope, and the protest which had recently been interposed. His Holiness seems to defer what he formerly promised, as much as he can. Fears the Pope has ordered the Legates to proceed by the first commission. If this be done, Charles may consider the Queen to be as good as (fn. 6) condemned. From hence there has been sent a notary, by whom Mendoza wrote that the Queen should appeal on the first act of judgment, and that she should send the appeal to Mendoza, in order that it may be sent immediately from hence to Rome. If this take effect, all that is done subsequently will be fruitless. But he thinks that the Queen is deceived by her council, in which, although there are some good persons, there are others in whom Mendoza has little confidence. She will be greatly advantaged if the advocates whom Mendoza demands do not refuse, at such a conjuncture, to undertake her cause. Besides being very pious and honorable, she possesses numerous advantages, (fn. 7) which entitle her to all the services that one can render in her defence.
Of the departure of Madame from Cambrai the Emperor ought to have heard long ago. Some think it (the conference) will be to no profit. Mendoza thinks otherwise, for it is necessary to obtain some pause in the enemy's preparations during Charles's journey (to Italy). If the plague in Italy should be as prevalent as it is reported to be, or if other difficulties should arise, Charles could, on the peace being concluded, return to his states with a better cause. On this pretence it is a great advantage to have the passage through France, for in seven days Charles can be consulted on any difficulties. Thinks it certain that, as the news of this interview arrived in England at the time when the duke of Suffolk was departing for France, the Duke was ordered to be present there, and had letters of procuration (une procure); for Mendoza understood from the Cardinal that whatever peace might be made his master wished rather to be one of the contracting parties than to be excluded; and although the kings of England have always been distrusted in matters of agreement, Mendoza feels sure that this King, to recover the money he has scattered in various directions, will change the custom, and urge on the war with all vigour, until he reaps what he has sown. Hopes that after Henry has recovered his money, and the king of France his children, the time will not be so favorable, and the necessity of the adverse parties (des contraires) will be great.
An ambassador from Scotland has arrived here, to propose the marriage of the queen of Hungary (to James V.) Believes he delays his journey for the present, in order not to disoblige the French king, who has given him to understand that he values the friendship of England more highly than that of Scotland. The king of Scots greatly desires an alliance with the Emperor. Recommends it, as it would give the king of England some anxiety, though such an alliance might cause England to grow cold in its affection towards Charles. Mons. de Bredan was charged with this affair, and he has proved himself to be a good servant to the Emperor. Brussels, 17 June 1529.
17 June.
MS. 5499, p. 177, Bibl. Nat.
Since writing last, has heard from l'Esleu Bayard of the good and honorable overtures made to him by Madame Margaret at his arrival in Flanders, and her great desire for peace. She told him that if she did not think matters ripe for conclusion, she would give neither herself nor Madame the trouble of coming to Cambray, nor run the risk of losing reputation by failing in such an enterprise. Has communicated this to the duke of Suffolk, in order that he may inform the King his good brother, and wishes Du Bellay to do the same to him and Wolsey. Madame has accordingly proceeded hither upon her journey, where she has stopped for three or four days. She leaves today for Compiegne, to go further if necessary, having meanwhile despatched the sieur De Humieres to secure lodgings for her. Preparations for war, however, must not be relaxed in consequence of these proposals. Francis caused the ambassadors of the League to be asked, in Suffolk's presence, what they would do to keep it up; and they replied that every one of them would do his part. On which Francis recounted to them, especially to the Venetians, their past faults, in which they have continued till now, both in not supplying the number of men to which they are bound, and the consequences which ensued from their neglect, as it was notorious that the League would otherwise have carried everything before them in Lombardy. These matters I caused to be discussed before Suffolk, that he might see how affairs had gone, and what forces I had still in Italy, and those which the League had also at the siege before Milan, which by their confession are much fewer than mine. Notwithstanding which I wish them to understand that to prevent them falling into the Emperor's devotion, I would use my utmost power, short of engaging my own person, which I was compelled to reserve by the advice of the King my good brother; and for this reason I had just despatched 4,000 lanceknights, come from Germany, with the force under St. Pôl, amounting to 9,000 or 10,000, and hoped to chase the Imperialists out of Italy.
Has determined to send a person to Rome, as Du Bellay has suggested, to promote the affairs of the King his brother, with instructions simply to do everything that the English ambassadors desire. Has chosen De Tarbes for this office, as the person who understands Henry's interests best. He will start in a day or two, after communicating with Suffolk and his colleague here. Du Bellay is to communicate any other instructions which are thought advisable. Paris, 17 June 1529.
French, pp. 6, from a transcript.
MS. 5,5499, f. 156, Bibl. Nat. 5689. FRANCIS I. to CLEMENT VII.
Doubts not the Pope has been informed of the efforts the king of England has continually made with Venice for the restitution of [Cervia] and Ravenna to his Holiness. Is surprised that the Pope makes a difficulty about granting to a king so devoted to him certain bulls and dispensations. Begs his Holiness to consider that the interests of England and France are the same, and to despatch the matter as soon as possible.
French, pp. 2, from a transcript.
17 June.
Galba, B. IX. 169. B. M.
Was at Mechlyng on Sunday last, preparing to go with my Lady to Cambray, when he received Wolsey's letters, dated Westm., 8th inst., and the King's to my Lady. Immediately came hither to the co[urt]. Delivered the King's letter to my Lady, and told her the effect of Wolsey's, the great complaints of Englishmen and Irishmen of the losses they suffer from Spanish ships, which scour the narrow seas. She answered right amiably, "Mons. l'embassatuer, sertis il me desplet et suis bien ... della importunite et mal importance des dyts ess ... et de mon povoyer je me imployeray pour y reme[dier,] car j'ay oy beaucop de complayntes tant des p[illages] que font suer les sogettes de l'emprueur propre, quant [sur] ses amys et proussayns woyssyns; et je feray ... semble' le conssell, ou Mons. de Bewyrs que es[t] almyral della mer, y serra, et nous verons d[e] concluyr suer ceste affere, et quant de vous march[ands] aventuryers ung les assurera au myeux que on pou[rra]."
The matter has been discussed in the Council on Tuesday and yesterday. At the conclusion my Lady sent for him to tell him the resolution.
As to the piracy, she can do nothing, as it is not in her jurisdiction; but if the King will advertise her authentically of the amount of the damage, she will do her best to obtain restitution from the Emperor. She has already written to the Emperor about the complaints made to her, asking him to prevent such acts, and to make restitution. She desires the King that it will please him "as touching the p[innace] th[at] ... of Brigelmeston (Brighton ?) to lay hands on all such pro[perty] as shall be found in the said pinnace belonging [to] any of the King's or Emperor's subjects, making such restitution as reason requires," liberating the pinnace and the mariners for this time, on condition of being treated in future as pirates. Their attempts on the French she cannot "defend," for it is said that the French have plundered them in English havens, and that they can get no redress. The Merchants Adventurers and all the King's subjects may come and go through these countries as freely as the Emperor's own subjects, as Wolsey will see by the enclosed letter from my Lady to the King.
On Sunday evening my lord of Be[wyrs] came hither with Sir John Camell, on an embassy from Scotland to my Lady. After dinner he presented his letters and had aud[ience]. Is informed that he comes hither to make some great alliance with these countries, thinking the better to revenge themselves upon their enemies. Hears for certain "that the lord of Bredam, under covering of his embassadry to Scotland, has by the Emperor's and Don Fernando's commissions a (been ?) the cause of this ambassador's coming hither." He has been well received at dinner and supper by Hoghestrate and the cardinal of Luke. He speaks pretty good French, and some Latin. Hears that he is uncle to the earl of Argyle. He desired to make Hacket's acquaintance. At the instance of the lord of Bredam, supped last night with lord Bewyrs and the said ambassador. He will remain here for a time, as his business cannot be concluded until the journey of Cambray. At supper, said it would be a good thing for Scotland to be always at peace with England. My lord of Bewyrs answered, "Let us marry the princess of England to the king of Scotland, and all will do well;" which the ambassador confirmed. Said, laughing, that it might happen that the ambassador had charge of some other marriage; to which neither answered; but Bewyrs brought in a cup of wine, and they pledged each other and departed. He will remain here in Brabant and Seeland till my Lady returns. "Your Grace knows what communication tha ... have had with my lord of Bredam at his comi[ng] from Scotland; and if your Grace knows no more th[an] I can perceive, methinks he plays with the two-hand sword." My Lady intended to have left for Cambray on Monday or Tuesday last, but the coming of the ambassador of Scotland and of the captains of Almain has delayed her till this afternoon. The cardinal of Luke, and the lords of Ber[ghes], Burre, and Bewyrs, left this morning with 400 horse. Hoghestrat, my lord of Palermo, the Privy Council, and Hacket will leave tomorrow morning. Letters from Genoa state that victuals and ammunition had arrived from Spain, that Andrea Doria left with his army on the 5th instant to go to the Emperor, who was ready on May 16, and waiting only for him. Letters from Dutchland say that it was feared that the Turk would be within Hungary before the 10th inst. Brussels, 17 June 1529.
Hol., pp. 5. Add. Endd.
17 June.
R. O.
After closing this letter spoke with Don Inygo, who asked him to forward the inclosed letters from my Lady to the King; and requested Wolsey, as soon as he had good tidings from the ambassadors in Spain, to release him from his promise. He will then go through Almain to meet the Emperor in Italy. Brussels, 17 June 1529.
Reminds Wolsey of Sir Richard Akyrston. The margrave and scowtet of Antwerp are highly displeased that he is kept so long, and his costs not paid.
Hol., pp. 2. Add. Endd.
R. O.
The margrave and "scowtet" of Antwerp are displeased that Sir Richard Akyrston is left so long in prison without payment of his costs. If I had the money, knowing my Lord's deliberate mind, I would not fail to do my Lord's pleasure; but I am rebated of 50l., and have not been paid what I have disbursed in the King's business. Trusts Tuke will take care that his necessities are provided for.
P. 1. In Hacket's hand. Add. Endd.
18 June.
R. O.
Wrote on the 17th June last of the great insurrection in these parts, at the instigation of Rece Griffith and lady Haward. There has not been such an insurrection in Wales in the memory of any one. Made proclamations in the King's name, and divers of the King's servants and true subjects came to his assistance. The captains and ringleaders then returned home, and everything is quiet. Kermarthen, 18 June. Signed.
P. 1. Add.: To, &c. my lord Legate's grace. Endd.: My lord Feris, 18 June.
18 June.
Vit. B. XII. 58. B. M.
On 18 June the bishops of Lincoln and Bath and Wells appeared before the Cardinals, produced their citation of the King and Queen, and declared that they had executed it, having endorsed it to that effect.
For the King, appeared Ric. Sampson, dean of the Chapel Royal, with letters of proxy for himself and Dr. John Bell.
The Queen was herself present, and protested against the jurisdiction of the Cardinals. She desired her protestation to be registered and returned to her; which the Legates granted, and desired Montini, Clayburgh, and Watkyns to act as notaries. They then appointed John Hewes, LL.B., promotor or coadjutor, cited the Queen to reappear on Monday, June 21, to hear their decision about her protestation, and allowed Sampson to have copies of the proceedings.
Present, the bishops of Bath and Wells, the abbot of Westminster, John Tayler, master of the Rolls, and others. Signed by Montini, Claiburgh, and Watkyns.
Lat., pp. 5.
Vit. B. XII. 16 b. B. M. 2. Fair copy of the above, with full copies, inserted in their respective places, of the Legate's commission to the bishops of Lincoln and Bath and Wells to cite the King and Queen to appear on June 18, dated 31 May 1529; of the certificate of the bishops of having cited the King and Queen in their privy chambers at Windsor on June 1; of the King's letters of proxy for Sampson and Bell; and of the Queen's protestation against the jurisdiction of the Legates,—in the middle of which the document ends.
Lat., pp. 45, mutilated.
Vit. B. XII. 61. B. M.
"Directorium processus flendi secundo die in eventum quo utraque pars comparuit."
1. The judges to take their seats at the appointed time and place. 2. They must receive the original letters of citation, and an attestation of their execution. 3. If the King and Queen have not appeared, they must be publicly summoned. 4. The proctors of the King and Queen must exhibit their proxies. 5. The judges must appoint a "promotor" and scribes. 6. The judges must deliver articles to each party; 7. and must appoint a time for them to answer. 8. They must require the notaries and witnesses to draw up an instrument of the premises.
If one party does not appear, the judges must perform the first three articles, and then pronounce the party not appearing contumacious, and issue another summons for a third day, that the party may receive the articles.
If the Queen appears in person or by proxy, merely to protest, the judges shall assign a day to decide upon her protestation.
Lat., pp. 2.
Vit. B. XII. 208. B. M. 2. Campeggio refuses, in his own name and Wolsey's, the appeal of Katharine of Arragon to the Pope, and summons her to appear on Friday next between [9] and 10 a.m.
Lat., pp. 5, draft.
Vit. B. XII. 204. B. M. 3. Appeal of queen Katharine to the Pope, the Legates having refused to accept the previous appeal by her. Signed at top and bottom of every page.
Lat., pp. 7. Endd.
Vit. B. XII. 54. B. M. 4. Notes concerning the right of appeal from the jurisdiction of judges, and the grounds on which the appeal should be granted or refused; and also concerning the appointment of scribes and selection of witnesses.
Lat., pp. 6. In Vannes' hand.
R. O. 5. Additional article put in by the advocates of Henry VIII. relative to the protest made against his marriage with Katharine in the presence of Richard [Fox], late bishop of Winchester.
Lat., vellum.
Vit. B. XII. 57 b. B. M. 6. Form of summous to be used, if the Queen appears personally or by proxy to protest and refuse, to summon both parties to appear to hear the decision concerning the admission or rejection of her protest.
Lat., draft, p. 1.
Vit. B. XII. 62. B. M. 7. Directorium processus tertio die.
1. The judges to meet at the appointed place between 9 and 10. 2. If the Queen does not appear in person or by proxy, she must be summoned by the crier. 3. The "promotor" must then propose that she should be pronounced contumacious, and her protest rejected. 4. Articles must then be offered to both parties, which they are requested to answer on oath. 5. If the Queen appears, the promotor must urge the rejection of her protestation in her presence. 6. If the Queen makes her appeal in writing, the judges must reject it. 7. If the Queen departs appealing, the promotor must suggest that the judges should warn her to be present throughout the whole proceedings, threatening her that they will proceed, whether she is present or not.
Lat., p. 1.
Vit. B. XII. 63. B. M. 8. Direction for the process on the third day, if both parties appear.
1. The judges to meet as appointed, with secretaries and witnesses. 2. When the promotor demands the rejection of the protestation, and the Queen its acceptance, the judges must reject it in the following words: "Nos ex certis causis et considerationibus legitimis animos notros ad id moventibus, rejicimus materiam S. D. Reginæ et singula in ead[em], et pro jurisdictione nostra in hac parte pronunciamus et decernimus fore procedendum in causa et causis nobis commissis juxta tenorem et formam commissionis apostolicæ nobis in hac parte factæ, recusatione illa in aliquo non obstante." 3. The judges shall warn the Queen to cause her proctor to be present at the future meetings of the court. If neither the Queen nor her proctor are present, she must be cited for the above purpose. 4. Articles must be furnished to the King, and a time given for replying to them. 5. the judges shall determine to attend on the King to administer an oath and examine him on the articles. 6. The Queen or her proctor must be warned to be present at the above examination.
Lat., pp. 1.
Vit. B. XII. 67 b. B. M. 9. Direction for the process on the third day if the Queen's protest is rejected.
1. The articles are to be given to the King's proctor, and the judges are to agree to attend upon the King to take his oath to answer them; and they must also decree a citation for the whole cause for the Queen. 2. At the time appointed, after taking the King's oath they must decree his examination before the day of the Queen's appearance.
Lat., p. 1.
Vit. B. XII. 68 b. B. M. 10. Direction for the fifth day.
1. The certificate must be received, and the messenger sworn. 2. If the Queen appeals, the judges must decree that it is not to be received, and assign "apostylos" (certificates to that effect). 3. The Queen must be pronounced contumacious, and a decree made for proceeding to the reception of witnesses and other acts necessary for the cause. 4. The King's proctor must exhibit the King's reply to the articles signed by him. 5. Witnesses to be received and sworn. 6. The King's proctor must be warned to exhibit the bull and dispensations touching the marriage. 7. The Queen must be cited to be present at the said exhibition, if she thinks it advisable, and to exhibit dispensations on her side. 8. The judges shall appoint Claiburgh to examine the witnesses, taking Watkyns as his secretary, and another notary must be asked to make an instrument thereof.
Lat., p. 1.
Vit. B. XII. 149*. B. M. 11. Direction for the twelfth day.
1. The additional article must be administered. 2. The protocol of the King's protestation against the spousal in his minority must be exhibited. 3. The bishop of Ely must acknowledge his signature. 4. The court must be prorogued until another day.
Lat., p. 1.
Vit. B. XII. 69. B. M. 12. Articuli.
Articles objected to the King and Queen by the Legates, containing the facts of the case, and by which the witnesses were examined.
Draft, mutilated, pp. 2.
Vit. B. XII. 48. B. M. 13. "[Domine] procurator, elegantem hanc scilicet et ornatum tuam [oratione]m audivimus. Et licet potentissimi et invictissimi [nostri Regis] fides, religio, ac in veritatem et justitiam propensio [tam] nobis perspectæ sint ut de eisdem minime dubitemus, [nihi]lominus tamen id abs te audire ac tam præstanti [et l]uculenta oratione confirmatum non possumus non vehementer [gau]dere, et eo præsertim quo majestas sua nullorum gestis [dicti]s aut allegationibus, quantumvis minus considerate aut ... in hanc publicam coronam (curiam) adductis, minime irritata ... a aut alterata fuerit, licet forte non ea quæ [decui]t suæ dignitatis ac regii fastigii habita sit ratio ... que tamen quod sua serenitas nihil aliud in hoc negocio moliatur [quam quod] veritati et justitiæ consentaneum nobis judicibus [vide]tur, ac in quamcunque partem res ipsa cesserit ac evaserit [æquo] animo sit latura, facit omnino rem sibi et tanto principi ac [fidei d]efensori dignam. Partium igitur nostrarum erit ita rem ... solum Deum præ oculis habentes examinare, discutere ac [omnin]o judicare, ne ullo personarum respectu a recto delirasse [videam]ur, partesque bonorum judicum obisse, et ita tandem [veri]tate perspecta id faciamus ac desernamus (decernamus) quod Deo gratum [et Regi] ac regno utile futurum sit."
In Wolsey's hand.
20 June.
Cal. D. XI. 28. B. M.
* * * "hens ... might conveniently sp ... [more]ovyr, being ascertained that ... ore unto Compiegne where the K[ing] ... intended to be in the evening, did the[reupon, without] longer tarrying, resort unto the said to[wn, leaving] behind me a servant to inquire for the said ... to give knowledge unto him of mine arripva[l and of] my going before unto Compiegne, desiring h[im] therefore to repair after as soon as he might conv[eniently]. Who being advertised hereof, did give knowledge [to the] King of my coming; whereof the King was vea[ry glad]; and licence required and had, the Duke departed, a[nd came] towards us, where we three, your most bound s[ervants,] being assembled, did confer and peruse our ins[tructions], pondering right well the contents and the effect of y[our] Highness' pleasure in the same, with full purpose to accel[erate] the declaration of the unto the French king, whe[re] ... immediately upon the arrival of his Majesty that * * * [l]ord Legate ... [se]cretary a small packet ... joined with these, saying that the [re were letters come] from Rome directed unto the [Cardinal] Campeggius, and that there was matter [therein of] high importance, desiring me therefore to s[end them] towards England with all diligence; whereof [I made] relation unto my lord of Suffolk and Mr. Treso[rer], and with one assent we determined to depeche the pos[t], and to convey the said letters without further delay [of] time unto your Highness' hand." Compiegne, 20 June. Part of Suffolk's signature remaining.
Pp. 2, in Knight's hand; mutilated.
20 June.
R. O.
Writes in behalf of the captains and crew of a zabra of St. Sebastian, in Spain, who are imprisoned on a charge of having plundered English subjects. Mons, 20 June, ao 29. Signed.
Fr., p. 1. Add. Endd.
20 June.
Galba, B. III. 342. B. M.
Complains of certain crews that had been taken and thrown into prison. Begs they may be restored, lest the present favorable expectations of peace be entirely disturbed. If the French have any complaint to make they can be referred to the conference at Cambray, where the commissaries of the Cardinals will meet to settle matters. Mechlin, 20 June. Signed.
Lat., p. 1, mutilated. Add.: Card. Ebor. et Legato.
20 June.
MS. Bibl. Nat. 3,006, f. 2.
In behalf of Simon de Bynes, &c. (See No. 5609.) Westminster, 20 June 1529.
Fr., from a transcript.


  • 1. "Et il descendit par le degré du Cardinal a faire instance, afin qu'il parlât pour la paix generale."
  • 2. Although? "Comme" in orig.
  • 3. "à cause que par la négociation d'Angleterre on ne profitoit rien par le bruit qui couroit qu'elle étoit empêché, comme pour être assuré que, vôtre Majesté aiant ma liberté, il demandroit ses ambassadeurs dans icelle."
  • 4. "d'autant plus que Reves, dans quelques conférences qui se sont tenues en Angleterre avec les ministres de la France, les matières étant fort délicates, ne put pas les défendre, comme il devoit, avec honneur de son maître; de quoi je sçai qu'ils se ressentirent beaucoup."
  • 5. "si celui d'Angleterre avoit accepté la commission."
  • 6. "autant que."
  • 7. "elle renferme en elle plusieurs avantages."