Henry VIII: July 1529, 6-10

Pages 2564-2572

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

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July 1529

6 July.
R. O.
The will of Davy Hagard, of Ware, witnessed by Ric. Wylcoksen, curate, and others.
P. 1.
8 July.
Vit. B. XI. 186. B. M.
Has long foreseen the difficulties of gratifying the King and Wolsey, and cannot do so without incurring manifest danger, and causing a scandal to Christendom. Has written more fully to Campeggio on the subject, and Wolsey will know what he said to Benet, who has lately come. Rome, 8 July 1529.
Vellum, Lat., mutilated. Add. Endd.
8 July.
R. O.
Apparently on the same subject, but so mutilated that nothing can be made of it. Rome, 8 July 1529.
9 July.
Vit. B. XI. 192. B. M. Burnet, Pt. I. Bk. II. No. 29.
5761. W. BENET to [WOLSEY].
The Pope sent for us on the 6th, though we had made great suit for an audience before, on hearing of his recovery, after long communication among ourselves, of which we have written to you in our common letter. I thought it proper to deliver to the Pope the King's and your Grace's letter. When he had read the letter, he said he understood that I had something of moment to impart to him. I told him your faith and observance to him were well known, and that if he complied with the wish of the Cæsarians to advoke the cause, you perceived it would destroy yourself and the Church of England; that you intended to follow this cause justly, and would rather be torn joint from joint than act against your conscience. The Queen could desire no more than justice, and would have it at your and Campeggio's hands as well as at Rome, and I begged him to consider the danger of making the King his enemy.
The Pope answered with tears that he saw the destruction of Christendom, and lamented that he had no means of finding a remedy; that he could not satisfy the King's wish without offending his conscience, and dishonoring the See Apostolic; that the Cæsarians had shown a mandate from the Queen, demanding the advocation of her cause, and he could not deny it. Seeing we could obtain nothing from the Pope, we consulted with ourselves how it might be delayed until you had concluded the cause in England. We can do no more.
If you saw the impetuosity of the Imperialists you would marvel. Rome, 9 July.
Hol. Part cipher deciphered.
9 July.
Vit. B. XI. 194. B. M.
Wrote last on the 29th June. Were obliged to send the letters by Genoa, as the retreat of the Venetians left Lombardy unsafe. The following day James Salviati received letters from Campeggio, dated 4 June, but could not find out their contents, as Salviati said the Cardinal complained of his showing his letters. The bishop of Feltre (Dominus Feltrensis) showed them letters from Campeggio, saying that on 1 June the commission was exhibited, and the King and Queen were cited for 18 June, for which the bishops of Lincoln and Bath were appointed nuncios. The cause was being urgently hurried to a conclusion.
See clearly that the Pope will do nothing to offend the Emperor, and is hoping to find an opportunity for settling the matter with the Emperor's assent. Nothing troubles him so much as to hear that his commission is being vigorously acted on. Thought that the best course was to assure his Holiness that nothing was being done, or at least that the sentence would not be given. Told him that the citation was in consequence of the news of his ill health,—lest, if anything happened to him, the jurisdiction of the Legates would cease; and they were certain that the Legates would not proceed to a sentence, nor would the King allow it unless he were first sure of its ratification, and of other things, which the Pope must previously promise. Showed him the scandal and ruin which the advocation would cause, and think that he and Salviati will make the Imperialists acquiesce in these reasons.
Were summoned to the Pope's presence on the 6th. He told them that the ambassadors of the Emperor and Ferdinand had informed him that they had received letters from lady Margaret, dated 9 June, commending the Queen in the Emperor's name; and they had also received a commission from the Queen to act for her, in which were inserted copies of the bull of dispensation and the new brief, with the addition of a clause declaring that the marriage with prince Arthur had not been consummated, signed by the Queen. They said that the Queen had written to lady Margaret, telling her that she was unwilling to defend her cause, and she knew that great scandal and her own ruin must result, but she would rather suffer death than such an injury to her soul and her honor; she therefore desired the ambassadors to assist her as far as justice would allow. They therefore urged the Pope to grant the advocation, and protested that if he refused they would seek for other remedies. They complained also of the Pope's allowing the cause to be proceeded with in England, although he had promised the contrary. The Pope was in great anxiety, and weeping prayed for death.
Answered that they knew nothing of the process, and believed that nothing was being done, and that no sentence would be given, unless the King had every security for the result. The Legates probably commenced the process on hearing of the Pope's illness, to preserve their jurisdiction in case of his death.
Said that the Imperialists trusted more in their clamours for justice than in justice itself; for they cannot justly complain, as the King has always shown the greatest respect for justice; the Legates have done nothing unfair, and were appointed after much deliberation by the Consistory, and it would be most unjust to impede them; as the King keeps justice and the fear of God before his eyes, he would be more indignant at an advocation than if the Pope proclaimed war against him; the object would not seem to be justice, but the disgrace of the King, who is now left as the sole protector of the Holy See and religion; defection of the English and French churches would undoubtedly ensue, and the Imperialists would think nothing to be more conducive to their tyranny. Said also that the Pope's part was to preserve and protect what he had once granted. The Pope replied that he would willingly do so, but for the present demand of the Queen. Said they did not think that the demad of an unjust and timid woman was to be attended to, as the bull of commission prevented it; and his Holiness should consider to what end he had granted the commission, whether for the cause of justice, or to inflict an injury on the King; and he must also weigh the evils that would ensue from the advocation, and the innumerable benefits that the opposite course would produce. He replied with lamentations that none foresaw everything better than he; but he was so placed between the hammer and the anvil, that though he wished to please the King, the whole storm would fall on him, and, worse, on the Church of Christ; he foresaw the general ruin of Christendom, and especially of this peace, from which he hoped so much; he had no power to apply a remedy; he had hitherto restrained the Imperial ambassadors by telling them that they had no commission from the Queen, but now they exhibit a most ample commission, and say that the cause is being urgently proceeded with; and they press him for an immediate remedy, saying that the Emperor's honor is more concerned than the King's, for it would be the greatest disgrace to him to allow such an insult to his family, and he therefore regards this cause more than all his kingdoms, which he says are only ornaments of fortune, but this cause touches his honor. Answered boldly that if he granted the advocation, he would act contrary to the commission and to his promises. He said he wished to do much more than he had promised, but it was impossible that he could refuse the signatura, especially to the Emperor, by whose power he is so surrounded that the Emperor can do what he pleases with all he has.
After innumerable discussions, he concluded that he would postpone the advocation for a few days, and ask to see the Queen's commission, which he had not yet read, and he then might devise reasons for deferring it. Seeing that they now can only serve the King by postponing the advocation, deliberated what is best to be done to gain time for the Legates to do something. Concluded to advise the Pope first to write to the King, who, they thought, would answer in a just and reasonable manner; he could meanwhile show the Imperialists the evils which would ensue from this course, and he knew that the final decision of the sentence could not be pronounced.
He accordingly desired to send a courier with great haste to the King and Campeggio, which he thought would prevent matters going further than he hoped, or at least he would know for certain what was being done, and not unknowingly cause these evils. Sent Gregory Casale to his Holiness, who approved of this, but feared the Imperialists would be too importunate and vehement. He therefore sent Salviati to ask them not to press for the advocation until the Pope had heard from the King. Both Salviati and the Pope show great sincerity and affection to the King, and spare no labour in serving him. He could, however, obtain nothing from the ambassadors, but they vehemently cried out for justice, and would hear of no delay. Sir Gregory went alone to the Pope, and told him that it was not his duty to consider what the Imperialists wished, but what was right; and he ought not to grant whatever they asked, and refuse even the most just requests of the King. Today the Imperialist and Hungarian ambassadors most urgently begged the Pope to grant the advocation next Saturday; which the Pope resisted, and asked them to leave the matter to him, as he would find a better way than the one they sought. They become daily more obstinate, and say that it will be much better for the King to complain of the administration of justice by the Pope than that the Emperor should receive injustice for justice.
On the departure of the ambassadors Sir Gregory again went to his Holiness, whom he found in great consternation. After much conversation he determined to send a courier to the King, and to endeavour to entertain the Imperialists until his return; which they hope he will do.
The Pope writes fully of these things to the King and Campeggio, and he requests a letter in the King's hand, promising to proceed no further at present.
Received this morning letters from the King, dated London, 23 June. In consequence of them told the Pope of the citation of the King and Queen, and her refusal to appear, and her protestation; that a month was granted to the Queen to answer, and that she placed all her hopes in the help of the Imperialists and their influence with the Pope. The King therefore desired the Pope to grant nothing at their request to his prejudice. Gave no further particulars, as these letters did not come by the ordinary way, and neither Salviati nor the bishop of Feltre received any. There was a packet for them with the King's letters, but the ambassadors will not deliver them unless they think it expedient.
Salviati said to Sir Gregory that there was no need to deceive him about the process, as Campeggio had written all the actions and mind of the King.
Hope, however, that even if the Imperialists cannot be prevented from producing the petition for advocation at the next signatura, by the goodness of the Pope and the help of the cardinal of Ancona it will be postponed for a few days.
The King's cause is now at this point. The Pope cannot refuse the request of the Imperialists, and all the auditors and referendarii tell him that he cannot in justice refuse the advocation. Can therefore do nothing but put it off as long as possible, and will try to do so until they hear from England. The King must therefore decide whether it would be better to suspend the process at the King's request, or to proceed to sentence before the advocation.
Rome, 9 July 1529. Signed.
Lat., pp. 12. Part cipher, deciphered. Address pasted on.
9 July.
R. O. St. P. VII. 191.
He will learn from their common letters to Wolsey, written chiefly in cipher, the state of the cause. We have done what we could to defer the avocation; for if the Pope had heard of the Queen's appeal, and the sentence of contumacy pronounced against her, he would never have delayed the avocation. We have therefore kept Campeggio's packet for his brother some days with us. If he complains, you can pretend ignorance or some excuse; all the better because we received your letters irregularly. The Pope has sent this post at our expence. Your Majesty must not show all we write to Campeggio. You can tell him, although it is not true, we have no fear of an avocation, lest he should defer judgment in expectation of it. We are inclined to think that Campeggio would not be sorry if the cause were avoked. I beg pardon for speaking so freely. The cause must be hurried on if you are afraid of the avocation. Although the Pope promises delay, I fear that on the receipt of letters from the Queen and lady Margaret he will be compelled by the Imperialists to advoke the suit. It were well that the Queen's letters into Flanders were intercepted. If your Majesty wishes to comply with the Pope's requests, it is fitting that you write immediately. The Pope is well disposed to you, and would not refuse to shed his blood for you; but in this cause, and at this time, he says it is impossible.
I will send your Majesty's bulls as soon as they are expedited. The occupations of SS. Quatuor, and the negligence of the scribes, have occasioned this delay. Rome, 9 July 1529.
Hol. Lat. Part cipher, deciphered. Add. Endd. Sealed.
9 July.
Vit. B. XI. 189. B. M.
5764. VANNES to [WOLSEY].
Has received the King's and his letters dated 25 June. The packet had been opened, but the letters were untouched. Supposes, if Wolsey sent his own courier, that he must have fallen ill, and sent on some one else. Omits nothing to obtain the King's desire. Knows how anxious Wolsey is about it, but they are compelled to accept, not what they wish, but what is given them. Have not yet delivered Campeggio's letters, that the advocation may be delayed by the Pope's not knowing the particulars of which he writes. Fears much the advocation. Advises Wolsey to hasten the process, and to take care that no inhibition or advocation is brought by way of Flanders. Will do what they can to prevent its being granted here. The cardinal of Ancona has promised that he will never assent to the Pope's advoking the cause.
Sir Gregory uses the greatest diligence in the King's matters, and employs the services of his friends, who are many and of great authority. Suggests that he should be rewarded.
What he has said above about the packet being opened is not true, but he wrote it that Wolsey might show it to Campeggio if he complains of the non-delivery of his letters.
Hears from France that the King seems to protract the negotiations for peace, on account of his cause. We say that if the Emperor desires peace, there is no necessity for his mixing up the King's cause with it. The Colonnese army at Perugia is disbanded for want of money; and the Pope is trying to recover his own by friendly means. The arrival of the Emperor is expected. The rumours about the Turk, and the defection of the Germans, daily increase. Will obtain the reformation of Wolsey's bulls as soon as he can. No servant of the King can be more devoted than Vannes, although it is his misfortune to serve him here. Asks for leave to visit his mother and family when he is recalled. Rome, 9 July 1529.
Hol., Lat., pp. 4. Part cipher, deciphered.
9 July.
Vit. B. XI. 187. B. M.
5765. VANNES to [WOLSEY].
The agents of the bishop of Palencia offer to settle with Vannes about the pension and arrears. They say that an excommunication is being procured against the Bishop for nonpayment, although he has never refused it. He is said to be at Barcelona, about to come to Italy with the Emperor. If Wolsey will send him a commission and full particulars, will endeavour to obtain payment, either here or in Flanders. The brother of the bishop of Worcester has expedited a bull for the pension granted by the Emperor's order on the archbishopric of Toledo, but the bull still remains in the hands of the officials for the payment of the tax. The Pope has refused to grant it gratis, as it would deprive the officials of their profit. Wishes Wolsey to send 1,500 ducats. The matter may be endangered, if not concluded before the Emperor's arrival. Rome, 9 July 1529. Signed.
Lat., pp. 2.
9 July.
Vit. B. XI. 184. B. M.
Visited the Pope on the 5th, and declared the charge of the King and Wolsey. He answered that he knew that there was no prince so attached to the Holy See and to himself as the King, and there is no one whom he so trusts or wishes to please; but what is demanded on the Queen's part in the King's cause is merely justice, and the Emperor daily writes and almost threatens him. He must act as a common father and good judge; and all the lawyers in the court say that the cause must be advoked, especially as the other party offer to affirm on oath that they cannot obtain justice, and he does not see what else he can do. He inclines to the King's side as honor and right compel him; and he has hitherto made excuses to the Emperor's ambassadors, when they continually demanded the advocation; and he will continue thus to protract the matter, even if it is necessary to pretend illness, until it is seen whether the matter can be arranged at this treaty of peace at Cambray. When Darius said that the Pope must find some means to prevent any advocation at any time, for the honor of the King, and lest the kingdom should suspect the King and Wolsey of injustice, especially as neither of them would do what was unjust, he answered that he had always considered and would always consider their interest and honor, so long as what he did was not a disgrace to himself and the Holy See. The hour being late, he then asked Darius to leave, and return another day. Rome, 9 July 1529.
Hol., Lat., pp. 3. Add. Endd.
9 July.
Vit. B. XI. 188. B. M.
Has received Wolsey's letters of 24 June, and shown them to the Pope. The Pope is wonderfully troubled when anything is said about not advoking the cause. He did not wish at present to write to Wolsey about peace. Is ashamed to speak of the capture of the count of St. Pôl and the dissolution of the French army, which was most disgraceful. On 21 June he moved his forces from Landriano, which is 12 miles from Milan, to pitch his camp five miles from Pavia. The previous evening 3,000 Spanish cavalry, with white tunics over their arms, left Milan to attack Landriano. When they arrived there it was already day, and the first body of the French had arrived at the appointed place. The Spaniards attacked the remainder, and, though repulsed at first, took the town, and then pursued the other body of French, with whom were the German infantry. The Spaniards put them easily to flight, and took their arms and guns. Those who had already arrived at the camp fled to Pavia. Guido Rangon saved himself. There is no vestige of the army left. St. Pôl was taken while trying to defend the guns. The French will never follow the advice of those who understand Italian affairs. Has often advised them to attack Milan while the corn was ripe; but they have not only not prevented the Spaniards from collecting the corn, but have so managed that they could not get corn from Provence without its being intercepted by the Spaniards. The Venetian forces have crossed the Adda, "sed magna ea[rum] quoque pars dissoluta est, adeo ut parvo quidem numero se receperint."
Nero, B. VI. 103.
B. M.
There is nothing to write about the kingdom of Naples. There is no fear now for Perugia. The Imperialists have disbanded their forces and departed. Malatesta Balionus sallied out of Perugia, and devastated two castles which had received his enemies. A secret agent of king John, the Vaivode, often visits Casalis, and has told him the following news, which he received from the bishop of Zagrab, and from his servant at Buda. The Turks have crossed the Save, a tributary of the Danube, are marching on the Drave, carrying with them two bridges, and will follow the Danube to Vienna. The fleet is moving up the Danube. King John has a strong army, and the Vaivodes of Moldavia and Walachia are with him. The latter's predecessor was put to death by the Turk when he deserted king John, and the present Vaivode was ordered by the Turk to obey the King. With him is also Albert marquis of Brandenburg, great master of Prussia, leader of the German forces. His army consists of Hungarians, Transylvanians, Sclaves, Croats, Racians (Raciani), Teutons, Moldavians, Walachians, Polacks, and Tartars; and he threatens at present Styria and "Corinthia" (Carinthia), and then Austria and Vienna. All the Hungarians, Croats, Transylvanians, and Sclaves who were subject to Ferdinand have joined king John. Ferdinand has only 3,500 foot remaining, the rest being routed and killed by Simon Diach and Kozka of Bohemia, king John's generals, who took all his guns. Cacianus, a Croat, Ferdinand's general, went to Vienna to collect a new army, hearing that king John was approaching with a large force, but was obliged to flee, as the people intended to put him to death for his mismanagement. He is said to have gone to king John. Ferdinand has no more forces in Hungary, and has taken to Vienna the guns he had at Buda. Encloses a compendiary description of Hungary. Perhaps this sudden movement of the Turk will cause Christian princes to make peace, unless the Emperor's obstinacy prevents it. If peace is put off, there will be no remedy, for the Lutherans are in arms, and, against Ferdinand's will, determined in a diet to assist the Swiss Lutherans. Ferdinand's ambassador says that he must raise troops hastily on account of the approach of the Turk, as there is no time to wait for an army from Germany. He is asking for contributions of 50, 100, and 200 gold pieces from the Cardinals for his master's aid. Promises to use all possible diligence in the King's cause. Rome, 9 July 1529. Signed.
Lat., pp. 5. Add. at Vit. B. xi. ƒ. 191 b. The two parts of this letter have been separated.
[9 July.] R. O. 5768. THE DIVORCE.
"Consultationes tam juris divini quam sacrorum canonum in negotio regio editæ et reverendissimis legatis judicialiter exhibitæ."
(1.) On the King's part: Eight libels, four of which are by Staphileus, Gardiner, Bell, and Claiburgh, and one in refutation of the bishop of Rochester's arguments. The beginning words of each are quoted.
(2.) On the Queen's part: Two libels of the bishop of Ely, one of the bishop of London, one of Mr. Gwent (D. Gwent), and others, and two of the bishop of Rochester.
ii. A list of the documents exhibited in the process:—
(1.) By the Legates: Their commission from Clement VII. Articles proposed to the King and Queen, beginning "In Dei nomine, Amen. Nos Thomas, &c." A matter against the dispensation exhibited by the King, beginning "In Dei nomine, Amen. In quadam causa." A schedule of the rejection of the Queen's recusation and appeal, beginning "Christi nomine." Additional articles, beginning "Item, addendo ad articulos." Another, beginning "Item, addendo ad allegata." Four citations, with certificates, endorsed, beginning "Thomas,&c." Testimonials sealed by bishops, witnessing the conscience of the King, beginning "Universis, &c." Testimonials of the assumption of Pope Julius II., beginning "Augustinus miseratione, &c.;" of the search made in the registry of briefs, beginning "Augustinus, &c.;" of the computation of the year in briefs, beginning "In Dei nomine, Amen. Per hoc." An attestation that only two briefs were found in the registry making mention of a dispensation, beginning "Augustinus Spinola." An additional article touching the King's protestation, beginning "Item, addendo ad materiam et articulos alias datos." An instrument, "Super assumptione notariorum." The King's protestation on attaining the age of puberty, beginning "In nomine Domini, Amen. Coram vobis." "Acta super compertis in libris Regum Armorum Anglicorum." Answers of the bishop of Winchester, beginning "Examinatio, &c." "Processus factus per D. Sampsonem Michel commissarii assumpti super examinatione duarum testium, &c." beginning "Reverendissimis in Christo patribus, &c."
(2.) On the King's part: A proxy for the King, beginning "Henricus Octavus." The bull of the pretended dispensation, beginning "Julius Episcopus." A copy of the pretended brief, beginning "Nos Balthasar, &c." The King's answers to the articles, beginning "Henricus Octavus."
(3.) On the Queen's part: Her proxy, beginning "Pateat universis." Her matter of recusation, beginning "In Dei nomine, Amen. Coram vobis, reverendissimis, &c." Her protestation, beginning "Nos Katherina Angliæ, &c." Her provocation, beginning "In Dei nomine, Amen. Per præsens publicum, &c." Protestation of her proctor, beginning "Ego Johannes Faytor, &c." Her appeal, beginning "In Dei nomine, Amen. Coram vobis, reverendissimis in Christo patribus, &c." Supplication of John Anthony Musetula, the Emperor's ambassador at Rome, restored to the Queen by order of the judges, of which a copy is inserted in the process. Her supplication, complaint, appeal, and protest, in form of an instrument, beginning "In Dei nomine, Amen. Per præsens publicum instrumentum, &c."
(4.) A book, containing the process and acts in this cause, and a book of attestations and sayings of witnesses.
The above were all exhibited to the Legates. Witness, Will. Claiburgh, LL.D., notary.
Lat., pp. 6. Endd. by the King.
10 July.
Vit. B. XI. 200. B. M.
Wrote yesterday. In order that the Pope might hear nothing of the hastening of the process, declared to him the tenor of the King's letters, and withheld Campeggio's letters to the bishop of Feltre and Salviati. Found that it would be difficult to prevent the Pope from advoking the cause at once; for though neither Campeggio nor the Bishop had any news, the secretary of the duke of Ferrara showed letters from D. Florian, dated London, 25 June, stating that both the King and Queen were cited, and appeared; the King spoke, many ceremonies were performed; and the Queen, after protest- ing and appealing, departed, and was therefore being proceeded against as contumacious. Supposes all this has been written to the Pope, as Florian writes so openly to a person whom it does not concern. It is bad enough for the Pope to know this, but much worse if it comes to the ears of the Imperialists, who, as soon as they know that the Queen is being proceeded against for contumacy, will demand the advocation with threats; and they fear the Pope will not wait, as he promised, for the King's answer. The Secretary says that the bishop of Feltre gave him these letters of Florian's, but he denies it. Think that Campeggio would be highly pleased at the advocation, and he therefore writes about the process to frighten the Pope.
Florian writes to Vannes on the 4th, that the bull of commission for the Legates has been presented; and at the end is added, "interim aliquid novi ista vestra Africa," which Vannes does not understand, unless they expect the advocation, or some new commission or promise for the King's benefit, though Campeggio well knows that no new commission or promise can be obtained from the Pope. Everything must be kept secret. Have asked the secretary of Ferrara to keep the above letters secret, but they do not know whether the bishop of Feltre will do so.
Extract from Florian's letter to Vannes.
On May 30 commenced the cause, though they were doubtful whether to proceed to the inquisition ex officio, or by civil and ordinary law. Seem thus to have stuck at the very door. The King and Queen are, however, cited for June 18. Interea Africa isthœc vestra aliquid novi. Rome, 10 July 1529. Signed.
Lat., pp. 3. Cipher deciphered.
10 July.
R. O.4
According to the King's commission, tried Wm. Hughes and the others for piracy, at the suit of John Salman of Southampton, but the jury has acquitted them. Has apprehended them till they can find sureties for their behavior, and they are like to stay in prison all their lives for lack of surety. Has bound the jury in 100l. apiece to be forthcoming when called upon by the King. Carmarthen, 10 July. Signed.
P. 1. Add.: To my lord Legate's grace. Endd.