Henry VIII: February 1532, 16-28

Pages 381-401

Letters and Papers, Foreign and Domestic, Henry VIII, Volume 5, 1531-1532. Originally published by Her Majesty's Stationery Office, London, 1880.

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February 1532, 16-28

16 Feb.
Add. MS. 25,114, f. 76. B. M. Pocock, II. 190.
807. Henry VIII. to [Gardiner].
Has received his letters of the 2nd, 3rd, 8th, and 9th Feb., and a copy of Langez' instructions by Paget and Gardiner's servants, Henry Fraunces and Cromwell. Perceives how the French court was aggrieved at the taking of the Scotch ship, the interception of the letters, and why Gardiner did not deliver them according to his instructions; how, secondly, the marriage of the French princess with the king of Scots was only to interrupt the Emperor's purpose; thirdly, their desire that somebody should be sent into Germany; fourthly, their wish to know Gardiner's charge. Thanks him for his diligence.
As to the first, no violence was used, as alleged. On the other hand, the Scotch threw wildfire on the English, and were ordered to cast the packet into the sea rather than let it fall into the hands of the English; and any report to the contrary is untrue; and on this he is to insist. The King has never had any suspicion of Francis' conduct, though up to this time he has never communicated to him his dealing with the king of Scots, who is continually seeking to invade England and make himself duke of York. To impeach this attempt, the King thinks he has a right to intercept his letters. If his subjects have done anything which cannot be justified, the King will see justice done. Gardiner is not to insist upon their unfriendly dealings, but with "dulce and pleasant words" pacify them. Thinks this is easy, as Albany has taken no offence. If, on the other hand, they insist on letters being delivered, he is to deliver them as interlined and noted, to the King, or, if commanded, to the duke of Albany.
As to the second, thinks it expedient to communicate with the French ambassador in England before he receives the gentleman who is to be sent into Scotland with instructions about the marriage. Has, therefore, caused the duke of Norfolk, with others, to break with him upon the subject, as of himself, and to say that many of the English nobility, seeing the boastfulness of the king of Scots, and his resolution to spend his life in defence of his right to that one piece of land now in controversy between him and England, have required Henry to "decipher" the intentions of Francis, and, if possible, interrupt them, because no such marriage could take place conformably with the amity between the two crowns. They told Pomeray that on the King urging that he could not require France to relinquish his ancient friend of Scotland, they had answered that Francis would rather take example from Henry, who, when the French king was in captivity, had for his sake abandoned his ancient and potent friend the Emperor. Pomeray will, no doubt, communicate this instruction to his master. Gardiner will perceive by letters sent to lord Dacres how much the malice of the Scots increases, and how desirous the King is to prevent any interruption of his amity with France; and, so far from acquiescing in the Great Master's opinion that it were better that France should have the king of Scotland, Henry would rather the Emperor had him, as he would thus lose nothing. If they say they cannot refuse the Scotch king's offer without rejecting his friendship, Gardiner shall urge them to delay it on the plea of their malice to England, and their pretended claim to its crown, and shall exhort him to put aside his malicious purposes, which is quite compatible with the French king's honor. But Henry cannot be contented, considering the state of his cause, that Scotland should be supported by France.
As to the third point of his letter, the King is not pleased with Langes' instructions or their "cold, inconstant, and undiscreet dealing therein," and highly approves of Gardiner's dexterity in exposing its defaults. Is to induce them to alter them in conformity with those sent by Paget. And as for their determination to send Langes to the duke of Bavaria to act according to his discretion, the King is resolved to send Paget, and does not conceive it honorable that an agent should be sent to the duke of Bavaria only, and not to the duke of Saxony and the rest; especially as Saxony is the chief elector, and an authority above the rest, and in the new election will more avail than the other. If he were offended now there would be no remedy, and nothing but disappointment to their intended purposes. Considering the causes expressed in the King's last letter to Gardiner of the 12th Jan., he will neither send any agent, nor the 50,000 crowns asked by France, without a distinct understanding what succour France will give in the event of England being invaded by the Emperor, and agree upon the articles stated in the King's letter of the 12th Jan. Nor will the King be responsible for the German princes falling into the hands of the Emperor in event of their being disappointed of the aid promised in both their names, as he has offered to send 10,000 or 20,000 crowns of his own money, which he thinks sufficient, as they have yet done no notable exploit against the Emperor or Ferdinando, and have left that sum with the duke of Lorraine as Francis desired. The King will not give the Emperor occasion to say that Henry has broken league with him, unless he and France be entirely united, nor ought France to require it.
The English ambassadors at Cambray had great difficulty to obtain the ratification of the old treaty of intercourse, which shows how ready the Emperor would be to take occasion to produce a rupture; and if the Emperor should agree with the princes, Francis will find his old treaty made last with the Emperor at Cambray too old a staff to lean upon. Will in no wise consent to the Grand Master's proposal that Francis should take entirely upon himself the management of this whole affair, and Henry only to allow certain sums to be secretly distributed. If the league be formed with France he has nothing to fear from the Emperor. The secrecy could not be kept, and would make it appear as if the King in conscience thought it was not well done, and would increase suspicion.
As to the fourth point, desires him to be more frank and open as to the particulars of the King's request, since the Chancellor and others have been more communicative touching the form of these new capitulations, and offer any aid, provided it extends no further than Germany, and is compatible with their friendship to the Emperor. Is not to let them think, however, that it is for the King's private necessity, and not for the welfare of both. It is possible they may be slow of wit to comprehend the King's meaning. Is to show them of how little use their aid can be if it be thus restricted, and they refuse to move bellum offensivum against the Emperor; for, if it came to his ears, the Emperor would soon find means of evading this modification. Expresses his wishes touching the arresting of merchants, and the exact terms of the league. If he cannot succeed, must make use of his ingenuity,—as, e.g., offering the 50,000 crowns, if he sees them conformable; the said sum to be deposed with the duke of Lorraine, or the town of Menzieres or Mouson, to be employed as Gardiner shall arrange with them; half to be sent to the dukes of Saxony and Bavaria, to remain in safe custody until they have certified the King that the money has been employed in impeaching the Emperor. If they still delay, Gardiner is to say that he was only sent thither to scan the old treaties existing between the two Crowns, to see if anything was defective; but as it has been referred to them, and they see no reasons for alteration, he is called home to take part "in this our Parliament." Is to advertise this secretly, so that it may come to the King's and Grand Master's ears a day or two before; which may possibly bring them to some definite resolution. If they then press him to stay, and wish to know what money is to be sent to the princes of Germany, he shall then show them the treaty between England and the Emperor made at Cambray; and tell them that the King now perceives that he cannot send money to the Princes without breaking his oath and promise; "whereunto, like as we have had always heretofore most special regard, ne could ever sustain to do any act so prejudicial to our honor and offence towards God and our conscience, even so we be now of the same affection, and therefore intend not, for any cause in the world, to send any our aid, privily or apertly, directly or indirectly, unto the said princes. For this purpose the treaty has been sent, and he is to make them believe that the King did not seek this for his own purpose, but for the discharge of his honor and conscience before God, "qui solet in fœdifragos et perjuros gravius quam in cæteros animadvertere." He is to study the treaty well, and assure them the King will never contribute any sum of money or aid to the said princes, and then take his leave. If it is Gardiner's opinion, however, as it is the King's, that he is not so strictly bound but that he may aid these princes without rupture of the league, considering that this quarrel touches only the election of the king of the Romans, he is to proceed as before expressed. He is also to endeavor to have Mons. Langes, who is a person of high estimation, to be superseded by some one of less authority, with whom Paget may be joined. Gives Gardiner full authority to add to or alter Paget's instructions. If he finds them impracticable on all points, is to take his leave. Westm., 16 Feb. Signed.
Pp. 24.
16 Feb.
Galba, B. X. 4. B. M.
808. Stephen Vaughan to Cromwell.
Wrote lately by a servant of ... liver, mercer, concerning the commissioners appointed by the Emperor to treat of the intercourse. The provost of Cassel lately has str[ait]ly contended against our merchants in these parts for points contained in their privileges.
The Council has examined merchants of Brabant and Holland as to their complaints against English merchants and their privileges, so that they will come stuffed with matter against us. As it seems that they are seeking quarrels to raise displeasure between the princes, perhaps not without the Emperor's consent, it would be well for the King to depute honourable, sage, gracious, and expert personages; for I suppose matters of great weight will rise between them, which should be debated by men of wisdom and learning, who have had previous experience in such treaties.
I have sold another box of your spermaceti for 9s. Flemish the po[t]. I can get no more for it. It puts me to more pain than anything else I ever had to sell. I am disposed to keep the rest till I know yonr pleasure; but it should be sold soon, as it putrifies by long keeping, and loseth the cul[lour]. It is subtilly packed, being nothing so good within as without. I will leave it with some trusty friend, and depart from [hence] within 10 days. Antwerp, 26 Feb. 1531.
Hol., p. 1. Add.
16 Feb.
Add. MS. 28,584, f. 201. B. M.
809. Dr. Ortiz to Charles V.
Has received the Emperor's letter of 28 Dec. On 25 Jan. the Pope sent a brief to the king of England, bidding him give up the society of this Anne ("esta Ana"), and return to the Queen, till sentence is pronounced, but not threatening him with excommunication. This brief, with a copy, the Ambassador sent to the Emperor, that he might forward it to the Nuncio in England if he thought fit. The rest the Pope says in his letter.
Advises the Emperor to write to the Pope if, he does not think this brief sufficient, and wishes the King to be excommunicated.
Tomorrow will commence the discussion about admitting the excusator. Rome, 16 Feb. 1532.
Sp., pp. 3. Modern copy.
17 Feb.
Camusat, 180 b.
810. Bishop Of Auxerre to Montmorency.
Has told the Pope that the French king will not meddle between the Archduke and John king of Hungary. Understands that the former will not give up the kingdom. Believes that this has been agreed upon between the Emperor and the Pope in the hopes of diverting the war there, thinking that the Turk will not raise two armies at once. The Imperialists have demanded of the Pope a tenth on the lands of the Venetians as well as their own, but he does not believe it has been granted. His Holiness only does what the Imperialists command him. He longs for the Emperor's return to Spain. Has warned him against making enemies of the other kings by complaisance to the Emperor. Has often told him he ought not to refuse to judge between Ferdinand and king John; but he will not hear of it, or send an ambassador to the latter, as he is excommunicated. Rejoined that he ought to do so to keep him in subjection to the Church; that he was excommunicated without being heard, and absolved four days after. Sends copies of letters to the chevalier Casal and his brother, who is lately dead. Casal is sending them to the king of England. As to the affair of Mons de Tholose, understands that the Emperor urges the Pope to promote Antony Mussetola at the first creation, in addition to Mons. de Monegue and "Fra Nicolo." Desires him to advise the King to ask for two more. Mussetola and the cardinal of Osma would have more power at Rome than the Pope and all the rest of the cardinals. There is no one so dangerous for the King's affairs as Mussetola, who is wise and earnest in serving his master. There is no means of influencing the Pope but by deeds, such as taking away the money he has from benefices. Threats will serve no longer.
Fr. Headed : A. M. le Grand Maistre, du 17 Feb. 1532.
17 Feb.
R. O.
811. Treaty.
Receipt by Wm. Knyghte, archdeacon of Richmond, dated 17 Feb. 23 Hen. VIII., for a book of Sir Thos. Moore, lord chancellor, containing complaints proposed by him and my lord of Duresham, (fn. 1) to the ambassadors of the prince of Castile at Bruges, received from Mr. Danyel, auditor of the King's receipt. Signed.
Hol., p. 1.
20 Feb.
R. O.
812. John Abbot Of Faversham to Cromwell.
Our convent has granted to Mr. Hungerforth 3l. annually, according to your desire, as held by the late Sir John Norton. As you have always promised to us a continuance of your favor to remedy any complaint, understand that I am marvellously annoyed with rooks, crows, choughs, and buzzards, which not only destroy my doves but the fruit of my orchard. I desire licence for my servants to have handguns and crossbows to destroy the said ravenous fowls. Faversham, 20 Feb.
Before the last Feast of All Saints I sent the King a goshawk of two cotes and a couple of spaniels. There are few better in England for pheasant and partridge. They were received by Sir Nich. Carew. Signed.
P. 1. Add. : Right honorable. Endd.
20 Feb.
Galba, B. X. 3 (fn. 1). B. M.
813. Stephen Vaughan to Cromwell.
Wrote four days ago by Thos. Sutton, mercer, enclosing the act made at Amsterdam, signed by the secretary of the town, "concerning the utterance of the cloths of these parts, to be there only cut and retailed." Believes the party who bore it was in London the third day after it was made.
The Emperor has had diligent search made among the merchants who trade with England from "Base Dowchelond," to prepare complaints against the meeting of the Commissioners for the intercourse. Yesterday at Brussels ascertained that the Emperor's commissioners will be the provost of Cassel, Mons. Pierre Taspell, president of Flanders, and John de la Sao, secretary. The provost and the president are both Flemings and enemies to the King's affairs here. They will do their utmost to hinder the traffic of English merchants for the advancement of Flemish drapery. The provost is, however, trying to be out of the commission. Means might be made to Mons. de Fynes, through the lord of Barrughe, his son-in-law, that a more indifferent person than the provost might be chosen. The lord of Barrughe would hearken to it for the advancement of his town. Desires him to inform the King of this. Antwerp, 20 Feb. 1531.
Is waiting only for the despatch of the spermaceti, of which he cannot get rid. Asks for a letter. Will not leave these 14 days. When our traffic here does not go forward, all Brabant is undone; so that if the lord of Barrughe is informed of what may happen, it will make him assist the King's enterprise.
Hol., p. 1. Add.
20 Feb.
R. O.
814. Alderbroke.
Grant by Giles Heron, of Shak[elwe]ll, Midd., to Chr. Hales, attorney general, Baldwin Malet, the King's solicitor, and Thomas Cromwell, one of the King's councillors, of a great messuage called Nakedhall Hawe or Alderbroke, in the parish of Wansted, Essex, to hold to the King's use. 10 Feb. 23 Hen. VIII.
Memorandum of possession taken in the above, 20 Feb. in presence of Anthony Knyvett, Rob. Cheswell, and others.
Large paper, pp. 2.
22 Feb.
Camusat, 176.
815. The Bishop Of Auxerre to Du Prat.
Could not write by the last courier. The English ambassadors sent suddenly to inform their master of the state of affairs. Since then they asked to be allowed to discuss in a public consistory articles which they have given in writing. This the Pope granted; but at the Consistory on Friday last the Imperialists would not answer, saying it was only done to cause delay, and demanding that the excusator should not be admitted without an express procuration. Nothing was then concluded, but certain articles enclosed will be discussed at the next Consistory. Has presented the Legate's letters to the Pope and Cardinals. The Pope has given the English to understand that the recommendations of the King and Legate have moved him to do more in their affair.
Fr. Headed : A Mons. le Legat, du 22 Feb. 1532.
22 Feb.
R. O.
816. Gardiner to Benet.
Sends a packet of letters from the King, addressed to Benet and his colleagues. The chief point consists in answering the matter of the Turks, "which, me thinketh, is now waxed cold, and shall wax colder if Ferdinand and Vayvoda agree;" for it is said here they have compromised the title into the arbitrament of the king of Poland, and Vayvoda's factor has obtained letters from the King our master to the king of Poland in that behalf. "If your letters come late ye must consider that they come from the French court, where the Pope's ambassador hath once disappointed me, and other say ever they depeche currers tomorrow, which summe cal tomowe. Out of England be no news. I depart hence tomorrow, so as I might have tarried at home. Here hath been marvellous great triumphs in receiving this Queen. Your letters have been going hence these eight days, and yet I write these unassured of a post otherwise than that he goeth tomorrow, i.e. tantost; and so I leave my letters open. Written the 19 day of February."
"The 22nd day arrived here Francisco, and yet I am not gone, but I go tomorrow of the English fashion. And, Sir, I thank you for your cassia phistola; and for the abbey I shall speke, and do the best I can to speed." Of the result you will get news from England sooner than from hence. "I am sorry of your evil journey, and am in anything wholly yours, and so ye shall find indeed." Recommend me to Master Kerne, and show him I have sent into England letters which have arrived for him here. Roone, 22 Feb.
Hol., p. 1. The MS. injured by damp. Add. : Mr. Doctor Benet, the King's ambassador at Rome.
23 Feb.
R. O.
817. Lord Lisle.
A bill of covenants comprised in a pair of indentures made 6 Feb. 23 Hen. VIII. between lord Lyslye and Sir Edw. Seymour for the sale of Chadder Norton and other manors in Somerset.
Seymour to pay a rent of 140l. Lord Lisle will pay him 180l. on March 1, at Paul's, between 12 and 3 o'clock.
P. 1.
R. O. 2. Bill of Thos. Myddylton to lord Lylle, 23 Feb. 23 Hen. VIII.
Remaining, 23 Feb., 48s. 6d. For 15 pair of hose delivered to lord Lylle, my lady, Bennett, Marckes, Gussune, Mussall, and Christopher, at various dates ... Total 5l. 12s. 4d. Received 45s. Remains due 3l. 7s. 4d.
Pp. 2.
24 Feb.
Wilkins, III. 746. Burnet, VI. 54.
818. Archbishop Warham.
Protest of Warham archbishop of Canterbury, 24 Feb. 1531, against all enactments made in the Parliament commenced in the Blackfriars, 3 Nov. 1529, in derogation of the Pope's authority, or of the ecclesiastical prerogatives of the province of Canterbury. Present : John Cocks, LL.D., Roger Harman, B.D., Ingelram Bedill, clk., and Will. Waren, literate.

Wilkins, III. 745.
819. Bishop Tunstall.
Protest against the title granted by Convocation to the King, along with the subsidy, of Supremum Caput. Thinks the word ought to be explained in temporalibus, post Christum, in order to avoid offence. In reference to the expression of Convocation, "Ecclesiæ et cleri Anglicani, cujus singularem protectorem unicum et supremum dominum, et, quantum per Christi legem licet, etiam Supremum Caput ipsius majestatem recognoscimus."

R. O.
820. [Henry VIII. to Tunstall?]
I have received your letters "dated, &c.," complaining that a book has been lately printed, in the name of our Council and with our consent, against the pre-eminence of the Pope and the Church of Rome, by which some conceive that we are minded to separate our Church of England from the Church of Rome; and you think that the consequences should be considered. My Lord, before we make any reply, we thank you for your advertisements, because we think that no man being so much bound to us as you are will have a sinister mind against us. Now, as touching schism, we are informed by virtuous and learned men, that, considering what the Church of Rome is, it is no schism to separate from it and adhere to the words of God. The lives of Christ and of the Pope are very opposite, and therefore to follow the Pope is to forsake Christ.
(1.) As to your first : no Christian princes will, we think, abandon us for obeying Christ; nor (2.) withdraw their benevolence from us. (3.) No particular Church may withdraw what they have agreed to in many General Councils; but where there is error there can be no consent. The supremacy of the Pope is usurped. (4.) No Church can be bound by any interpretation of Scripture which appears to it to be forbidden by God. (5.) No Christian man is to regard those who fear man more than God. Replies to arguments alleged for the Pope's supremacy from the Council of Constance. (6.) Defends the Council of Bâle as alleged in the said book, in which it had been declared general, and thinks the objection over-scrupulous. (7.) Admits that it is more proper that the particular body should conform to the universal body than the reverse; "but, God willing, we shall never separate from the universal body of Christian men." The Pope has already divided from the most part of Christendom, and is now in no such credence as once he was. It is to be trusted the Papacy will shortly vanish away if it be not reformed. (8.) As to the duty of an inferior Church submitting to a superior, it must be considered whether there is any such superiority in God's laws. (9.) Defends himself for having made war upon Lewis of France, in which he was misled in his youth by those who sought only their own pomp, wealth, and glory; all which points have been well considered by our Council.
Pp. 13.

R. O.
821. Theology.
Sermon notes on different texts of Scripture.
Lat., pp. 13. Apparently in Tunstall's hand.
4 Feb.
R. O.
822. The Archbishopric Of York.
Account of William Strangways, the King's receiver-general, of the issues of the possessions of the archbishopric of York, the see being void by Wolsey's death; viz., of the temporalities from Mich. 22 to Mich. 23 Hen. VIII., and of the spiritualities from All Saints 22 to All Saints 23 Hen. VIII.
Total receipt, including arrears, 2,130l. 13s. ¾d.; of which, after allowances for fees of officers and other payments, and the accountant's personal expences, there remains 915l. 6s. 7¾d. charged upon various particular receivers and others, who detain the money on various pleas, generally for debts owing to them by the Cardinal. The following names occur in this account :— Will. Babthorpe, steward of the lordship of Beverley; Hugh Fuller, auditor of the archbishopric; Will. abbot of St. Mary's, York; Ant. Hamond, late receiver of the barony of Shirborne; Thos. Tomeo, late clerk of the Cardinal's household; Sir Marmaduke Constable and Wm. Disney, the King's commissioners; Miles Staveley, receiver of Ripon; John Norton, Rob. Broune, Edw. Kellett, Ralph Wilson, provost of Wistowe, Roger Burton, and Rob. Harryson, collectors of the rents of Wistowe; Thos. Barker and Rob. Atkynson, farmers of the mill of Cawood; Ric. Yonge and — Hartford, widow of Matthew Hartford, collector of the rent of Wistowe; Chr. Macres, seller of the lord's wood in the barony of Shirborne; Thos. Ellys, late receiver of that barony; Thos. Cromwell, Esq., late servant of the Cardinal; Hen. Argentyne, bailiff of Batirsey and Wandsworth; Sebastian Hillary, farmer of a close called Higfeld, in Batyrsey; Wm. Wollifede, farmer of two closes called Wasshingham and Littelholborne, in Batyrsey; Thos. Grene and Wm. Ryote, farmers of lands in Sise and Patrington, in the lordship of Beverley; Rob. Creike, deputy of Sir Ric. Page, receiver of Beverley; Stephen Clare, late mayor and escheator of Kingston-on-Hull; Matthew bishop of Chalcedon, late the lord's suffragan (who is in arrear 100s. since 18 Hen. VIII. for money received "pro consiliacione ecclesiæ Lancastr'"); the abbot of Welbeck (in arrear since 20 Hen. VIII. for money received from the chancellor of York, "pro commissione ad benedicendum Annam Clerke de Weloughby super Woldam"); the executors of John Chapman, registrar; Wm. Gilford, prior of St. Oswald's, Gloucester, receiver of the barony of Churchdown; George Rowle, provost of Cadden within the royalty of Hexham; Gilbert Erington (who has been despoiled of his goods by the robbers of Tyndale); Rob. Whitefelde; the dean and canons of York, and the tenants of Cawod.
Arrears due by accountant, 229l. 16s. 2d. ¼q.; of which he paid to Thomas Cromwell, on the 24 Feb. 23 Hen. VIII., 140l.
Large paper, pp. 11.
24 Feb.
Close Roll 23 Hen. VIII. m. 35 d. Rym. XIV. 411.
823. Christchurch, London.
Surrender of the Austin priory of the Holy Trinity (Christchurch), London, which is deeply in debt to Henry VIII. their founder. 24 Feb. 1531, 23 Hen. VIII.
On Feb. 25 the prior and convent acknowledged the deed before Roland Lee, archdeacon of Cornwall, and John Olyver, royal chaplains and masters in Chancery. The original was signed by Nic. Hancock, prior, D. Geo. Grevis, D. John Dawrea, D. Thos. Bradman, D. John Hayward, D. Wm. Crettinge, D. John Byrd, D. John Richardson, Wm. Amon, Ric. Hill, John Browen, John Lychefeld, Henry Bradshawe, Wm. Cotysby, John Clovyll, John Barnard, John Clerke, Wm. Castylton, and Ric. Pannier. Attested by Ric. Watkyns, LL.B., notary of the court of Canterbury.
[25 Feb.]
R. O. Pocock, I. 446.
824. Norfolk to Henry VIII.
The Venetian ambassador has been with me this morning, and has ridden towards your Grace. He has letters from Venice to you, but I cannot find that they are minded to do otherwise than your agents there have reported. I have been quick with him, (fn. 2) saying it would have been a small reward for "the great gratuities" shown them by your Highness to have commanded their clerks to write in your cause as their conscience should lead them, and neither the Pope nor the Emperor would have had any reason to be displeased; but it appeared they were afraid to let men write the truth, and, if they did not amend, the King would think he was illused. I think if you will be round with them they will "write for amendment," for I saw by the faces of the Ambassador and secretary that they were appalled. I showed them the words written "in the dyffinision of your Grace's cause," which you will receive with this, without telling them whence it came, and said, though the Venetians did not their duty like friends, others did. The "diffynision" was delivered to me this morning by the French ambassador, with a letter from De Langy and the copy of the letter sent to the president, which he desires to have again to reply to. He says he has no other letters except what he has showed me, which are old and contain nothing but what you knew before. The Imperial ambassador has been with me, still asking if no indifferent judges could be found that the King would accept. I replied I was going to Westminster, and had no leisure for further conference. Let me know if you wish me to wade therein further with him. Scribbed in haste at Norwich Place.
Hol., pp. 2. Endd. by the Earl of Wiltshire (?)
25 Feb.
R. O.
825. Fines To The King.
Discharge by the King of 500l. received from Thos. Crumwell by the hands of Thos. Hennage, cofferer, being part of the 700l. fine of the bishop of Bath for the escape of seven prisoners; of 140l. from the revenues of the see of York; of 26l. 13s. 4d., being the fine of Will. ap Owen, of Pembroke, late prisoner in the Tower; and of 33l. 6s. 8d. of the revenues of the so-called Cardinal's colleges in Oxford and Ipswich. Westm., 25 Feb. 23 Hen. VIII. Signed and sealed.
Vellum. Endd.
26 Feb.
Add. MS. 28,584, f. 205. B. M.
826. Charles V. to Cardinal Of Osma.
"Turks, &c. Intrigues of the French to alienate the Pope from him, &c.
"As the Pope knows what is going on in the divorce case of the Queen of England, he will have no longer any doubt that it is time to pronounce judgment according to law. He is to do all he can to persuade his Holiness to do so. The Ambassador is instructed to help him. Army, &c. From Augsburg, 26 Feb. 1532.
"Add. : To the card. of Osma. From Augsburg, 26 Feb. 1532."
Modern abstract from original draft at Simancas.
26 Feb.
Add. MS. 28,584, f. 203. B. M.
827. Rodrigo Niño to Charles V.
Since writing on the 24th, has heard that the Signory is informed both from England and Germany that a league is being formed between the kings of France, England, and Poland, the duke of Jassa (Saxony?), the Landgrave, and the lord of Rusia. They are making the duke of Bretanberg (Wirtemberg) the head of the league to oppose the election of the king of the Romans, which they say was not constitutional, as three Emperors may not be chosen from one house. Francis has sent 50,000 cr. and Henry 30,000 cr. to Germany. The Turk has been asked to join the league by the duke of Jassa and the Landgrave. Asks what he is to do if the same request is made to the Venetians by the kings of France and England. Is sure they will not give up their friendship with the Emperor * * * Venice, 26 Feb. 1532.
Sp., pp. 3. Modern copy.
27 Feb.
Add. MS. 28,173, f. 258. B. M.
828. Commerce with the Low Countries.
Instructions for the Imperial commissioners who are to meet the English deputies at Bourbourg.
They shall present their letters of credence from the Emperor, which will be given them by the queen of Hungary. They must see the powers of the English, and, if necessary, show their own. For credence, they shall say that there has been much debate between the Emperor's subjects in the Low Countries and the English concerning intercourse, right of "tonlieu," &c.; that several treaties have been made by the present sovereigns and their predecessors; that lately, the Emperor being in the Low Countries after his coronation, complaints have been made to him of the great injury suffered by his subjects.
The Emperor has taken the advice of his Council and nobles; and although he can remedy his subjects' losses by statutes and prohibitions, and by commerce between the Low Countries and Spain, before trying these means he wishes to inform the King so that intercourse between their subjects may be maintained. He therefore desired the King to send his ambassadors hither, which he has agreed to do, at Bourbourg, on March 1. After hearing the complaints of merchants, and the reply of the English, they are to arrange some new intercourse, which the English king and his ambassadors cannot refuse, considering the treaty of 1520 is to cease in consideration of a new treaty or of a confirmation of another pretended treaty of 1506. The Commissioners are to say that the Emperor cannot confirm the treaty of 1506, for several reasons, and are also to show how the English have not observed the treaties. It has been continually agreed that the people of the Low Countries should sell their goods in England and buy others, paying the tonlieux which were payable 50 years ago, dating from the treaty of 1495. The ancient right of tonlieu is only three deniers on the livre de gros; but now, by new impositions, merchants pay 23 gros for every livre de gros, according to the estimate made by the clerks at the "tonlieu" at their pleasure, without regard to value, which comes to about a ninth. Foreign merchants are obliged to buy English wares, as exportation of money is forbidden, and the imposts on exportation amount to a fifth.
No merchants can trade in London except burgesses of the city, and foreign merchants who have imported provisions are obliged to sell at a price fixed by the mayor, and the money is received by an officer until the whole is sold. Foreign ships cannot unload "a la teste de Londres" as ships can here, but are obliged to put their goods into an English ship, which entails needless expence. The English take double dues at London for marking herrings and other wares. This and other dues have been imposed since the treaty of intercourse, and even within seven or eight years. On the other hand, the Emperor, as count of Holland and Zeeland, has the right of taking five per cent, as "tonlieu," but, by treaty with the King, has reduced it to one per cent., and has also been accustomed to take one gold florin for cloth, but now he only takes one patart for each cloth or three kerseys landed in Zeeland or Berghes, or one gros if landed elsewhere in Brabant. The English have always continued the ancient price of wools against the treaty of 1522, and the King takes 44 or 45 carolus d'or for each sarpler, so that it is almost impossible for clothiers here to use English wool. Such deceit is used in selling wool that the merchant often loses three or four livres de gros on each sarpler. This results from merchants not being able to examine wools at their pleasure, or to be present when it is packed. Although it has been expressly stipulated that the English cannot make statutes about the sale of merchandise here, it is notorious that they have made a rule that no Englishman shall buy at Antwerp during the fair at Berghes.
The Commissioners must take heed of these and all other abuses, examine the treaties, and hear the merchants who are ordered to go to Bourbourg. They must insist on a new treaty of intercourse, taking special heed of the excessive "tonlieu" paid in England, so that merchants shall in future pay no more in England than the English do here, or, at least, the King's ancient right of "tonlieu," which is three gros for the livre de gros, as is paid by the Oisterlins, those of Coulaingne, Dinant, and other towns of the Hanse, without being subject to subsidy, scavage, and other impositions. They must stipulate for freedom of trade in England without change of ships; the increase of the Emperor's right of tonlieu and anchorage; the diminution of the impost on wool; and generally endeavour to procure that wool may be so cheap, and English cloth so charged either in England or by tonlieu here, that the merchants of the Low Countries may have as good trade as the English. They must also consider the regulations made by the English for trade here. If complaint is made by the English of statutes prohibiting their cloth, they shall answer that the towns have the power of making statutes for their own government, without the Emperor's knowledge, who has appointed this meeting that the English may not be prejudiced, and that his subjects may have their rights. If difficulties arise, they must send to the Queen, that the Emperor's pleasure may be known. 27 Feb. 1531.
Fr., pp. 16. Modern copy.
Ib., f. 251. 2. Another modern copy. Dated at the head, "25 Fevrier 1531."
28 Feb.
Theiner, p. 601. Pocock, II. 207.
829. Henry VIII. to Clement VII.
Complains that Karne is not admitted as excusator. London, 28 Feb. 1532.
Add. MS. 28,584, f. 209. B. M. f. 210. 2. Modern copy of the preceding from Simancas. 28 Feb. 1531.
Lat., pp. 3.
ii. "Articuli additionales ad materias excusatorias per D. excusatorem Ill. D. Regis Angliæ alias datas."
1. That in consequence of the notorious preparation of an army by the Turk to make war on Christendom, it is not safe for the king of England to come to trial at Rome.
2. That before the present case was moved, and now, there has been and is suspicion of war against the king of England and his confederates; for which reason he ought not to be cited to Rome, or, if cited, ought to be excused.
Lat., pp. 3. Modern copy from Simancas, the original being on a separate leaf from the preceding letter.
[28] Feb.
R. O.
830. Sir John Fitz James to Cromwell.
I received your letter by my servant, from which I learn that the depositions I lately sent have been presented to the King, and it is his pleasure that such persons as were examined should be reprieved for the present. This Peter Alyn is an untrue man. God knows whom he will accuse. His confession concerning the King is his own imagination, and the prophecy they deposed of it would be a pity for the King to regard. He that spake it was a very innocent. I find the King wishes me to resort to him, if I am recovered of my illness; at present I am not able to ride. At my house of Redlinche, penultimo die Februarii.
Hol., pp. 2. Add. : One of the King's council.
28 Feb.
R. O. St. P. VII. 349.
831. Norfolk to Benet.
Received his letters of the 11th inst., by which I perceive that the Pope took in good part what I desired you to show him, whereof I am right joyful. I spoke this day with his ambassador here, who, I doubt not, will advertise him plainly of our conference, which the Pope must ponder, if he wishes to retain the obedience of England to the See Apostolic. I have discharged my conscience like a true Catholic. Though the Church in this realm hath many "wryngers" at her high authorities, nothing hurtful shall be done, unless the fault be in the Pope in proceeding wrongfully against the King. Notwithstanding the infinite clamours of the temporality here in Parliament against the misuse of the spiritual jurisdiction, the King will stop all evil effects if the Pope does not handle him unkindly. This realm did never grudge the tenth part against the abuses of the Church at no Parliament in my days, as they do now. I hope we may before Easter finish our Parliament in good sort, but it must depend upon the good news from you. "I trust your request to have some answer of your letter in cipher is accomplished with the satisfaction of the Old man's (fn. 3) mind." 28 Feb.
Hol. Add. : Dr. Benet, the King's [am]bassador at Rome.
28 Feb.
Vienna Archives.
832. Chapuys to Charles V.
Since writing last the King has proposed to Parliament to withdraw the annates paid to the Pope for vacant benefices, and have them paid to him as sovereign of the ecclesiastics in his kingdom; also to abolish the papal right of collection. The prelates would not consent. The King sent to tell the Nuncio that these measures were not taken by his consent, but were moved by the people, who hated the Pope marvellously, and that if his Holiness would do something for him he would thank him well, and do wonders against the Turks, but otherwise he would do nothing.
On going to see the duke of Norfolk for the despatch of the deputies for the diet about the treaty, who left the day before yesterday, he showed me eight or ten plans for fortifying and rebuilding places on the Scotch frontier, among them a plan for a citadel to be built at Berwick like that at Tournay. He boasted that that town would soon be one of the strongest places in Christendom. I do not know whether they really have any fear from that side, or whether it is merely a pretext for asking money from the people. Perhaps there are both reasons.
The Scotch king-of-arms is still soliciting the safeconduct of the ambassadors whom his master wishes to send to France. They are a bishop and two of the chief lords of Scotland.
The herald's host tells me that they are going to ask one of the French king's daughters in marriage for the Scotch king, which this King wishes to prevent.
The Queen sent to say that she had heard that the King was sure that the Pope would prolong the cause till your Majesty went to Spain, and, if so, she despaired of her case. She has therefore charged me to beg your Majesty to ask the Pope to decide the case, for she has suffered as much as she can bear. Nothing has been settled in the Parliament. London, penult. Feb. '32.
Fr. From a modern copy.
29 Feb.
R. O. St. P. VII. 350.
833. Henry VIII. to Ghinucci, Benet, and Casale.
Has supplied by his letters the defect in the mandate of the excusator. Are to urge the Pope, however, not to rest the King's cause upon such a trifle. If they cannot prevail by any means, are to persuade him to remit the cause to be decided in any indifferent place. Urge him above all things to leave Rome, where his life is in danger. London, ult. Feb. 1531. Signed.
Lat. Add.
29 Feb.
Add. MS. 28,584, f. 206. B. M.
834. Mai to Charles V.
As to the lawsuit I have tried to find out the mind of the Englishman. The Pope said confusedly to Andrea del Burgo, that it would be well if we could separate England from France. Suggested it to Salviati, who said that he saw no means to effect it now, but they were endeavouring to secure what your Majesty wishes, that is, that the Queen should be acknowledged as Henry's wife, but they fear that they (the Papal court?) will deceive them. He advised me to say nothing of this to the Pope.
As far as I can guess from his words, whenever there appears to be a good chance of success, the Pope will intercede with you for some delay.
Not being satisfied, went to the Pope, who related to him some conversations which he had with Benet before he left; in which Benet confessed he was sorry the King threw the world into confusion for a fancy, and thought the Queen so well suited to him, that if she was not his wife he ought to marry her now. The Pope said they were making themselves subject to the French, which was all the more strange because your Majesty could easily gain the French, and they would be the first to take up arms against England. Benet said that he had pointed out this to the King, who called the duke of "Nofoc," and reminded him of what he had said to him about their practice with the Emperor, but gave the doctor no answer. The King believes that he is in the right, and does not love his "amiga" as much as formerly. Norfolk and Gardiner (Stefano) are inclined to think that the King should give up this pretension.
He (Benet) told the Pope that he should order us to hasten the sentence, because these and other good men might do their duty in undeceiving the King, saying that he knew the King secretly wished to get out of the affair with honor. It certainly is a wonder that Gardiner has turned to a good opinion after his mad and scandalous behaviour.
The Pope said he had told Benet that unless he brought a mandate to appear in the cause, he would be forced to proceed, and would allow no more delay; and that now he had come without a mandate, he said the same. Benet replied that after your Majesty had left Italy and arrived in Spain they would send a mandate. The Pope knows that this is a subterfuge, but he thinks that every delay will be good for him. He said he answered that he was not satisfied, and had no ground to believe it without a writing from the King. Tried to confirm him in his opinion, and asked him to order this article of the excusator to be dispatched for us; because, if the King and his Council see that justice is done in this point, they will accept it in the principal point, and not contend any more. I told the Pope that [Benet's promise] was only a device to gain time, as they could not but try to do till your Majesty was out of Italy. The Pope has promised me that he will decide the matter.
Directly Benet came and spoke with the Pope, they despatched a courier to the King. If there is anything more than what has been said, I will endeavour to discover it when he returns, for I am not satisfied that the King and Duke should give Benet no other answer in a matter of such importance.
The English and French ambassadors are at variance because Benet complained, both in England and France, of the French not giving assistance. The king of England has resented this, and Francis accordingly has written to his ambassador to help the King. Rome, ult. Feb. 1532.
Sp., pp. 5. Modern copy.
29 Feb.
Add. MS. 28,584, f. 212. B. M.
835. Cardinal Of Osma to the Comendador Mayor.
Is much concerned at the delays in the matter of England. The Pope thinks to cure the King by delay. His Holiness suffers such wrong that the Cardinal thinks men cannot redress it, unless God punish the guilty. Does what he can. The Ambassador works also, but there are traces of his late infirmity, and he is naturally slothful. His words are not effectual, and so the case goes on leisurely.
A secretary of the Vayvode is in the house of the English ambassador. The Pope says the Vayvode demands to be king of Hungary, and other things more than we thought.
On Friday an extraordinary Consistory was held for the English case. For a year there has been here an Englishman who calls himself an excusator, urging the decision of the case in England, as the King cannot appear in Rome for various reasons. He desired this to be publicly discussed before the College and the auditors of the Rota; and the procurators and advocates of both parties appeared yesterday. There was so much altercation that nothing was done. The excusator brought twenty-five conclusions, each to be argued for a day. The Queen's proctors refused to accept so many, and said one was enough, viz., whether the excusator should be accepted or refused. The Pope ordered all to be discussed, and practised with us concerning the form to be used in the discussion. Finally, the majority were of opinion that one conclusion only should be discussed, and that the others were superfluous. Cardinal Monte did good service. Others were in favor of the excusator. The writer thinks that his own presence was the cause of the resolution being amended, as he opposed the English proposals, and spoke of the holy Queen's injuries, and the little respect shown to the Emperor's demands, which were so just that they ought not to be refused even to an infidel.
Said also that three evils had resulted from the delays allowed; viz., that the King was a public adulterer; that the Queen was robbed of her rights by force; and that the King has lost respect for the Apostolic See (perdido la verguenza a la Sede Apostolica), and that all these ills increase. * * * Rome, 29 Feb. Signed : Fr. G. Carlis Saguntinus.
Sp., pp. 25. Modern copy from Simancas.
R. O. St. P. VII. 352. 836. Henry VIII. to Carne [and Bonner].
We perceive by long experience how wisely you have conducted yourself in the matters committed to you, for which we give you special thanks; nor should we have thought it necessary to send you any further instructions but for the importunate clamors of our adversaries there, and the unjust proceedings of the Pope and Cardinals, of which you wrote in your last. To resist them, you are, in accordance with your former instructions, to note especially four things, setting forth to the Pope and Cardinals how perilous an example it is to other princes to be treated as we be. As the adverse party, on pretence of justice, exclaim at the Pope's ears for sentence to be given against us, as well for contumacy as also in the principal cause, you are to cry to the Pope with no less clamor for justice to be done to us, as it is we alone who have sustained injury in the whole process. You shall therefore first solicit by all possible means that you, Master Karne, may be admitted as our excusator, continually insisting on the nullity of the [citation], and of the whole process in consequence of your rejection. If justice be refused, you may boldly say they will do us express wrong that can never be amended; which you may justify according to previous instructions and by our sundry letters, and the books and writings of learned men in France and Italy. Especially you may "engreave" the iniquity of such rejection, as the Pope and his court would force us either to abandon our realm and appear at Rome, or to exhibit a procuracy there; both which courses are utterly indefensible. The Pope ought, even unasked, to excuse our absence, considering the privileges of princes and other urgent causes which prevent our appearance. And what injustice is it in him to cite us, being a king, to appear at Rome to answer in a cause of so great importance, when he himself knows it to be forbidden by the laws of God and nature, by the decrees of councils, and by the consent of learned men, both at this time and since the beginning of Christendom? Yet, he sits still and allows us to be injured because we will not send our procurator thither. You must urge him to do us justice, for it is a mockery in him to say "I know I have done what I ought not, but I will not correct it." Nor do we see why he should not attempt it, unless his power to do right is not so great as to do wrong.
Moreover, it is a principle of law that a judge ought not to be obeyed out of his jurisdiction, so that the King may lawfully disobey a citation to Rome, especially as it is a place "most suspect and unsure." These arguments you are to enlarge upon, showing the absurdity of the Pope's pretension to summon kings out of their kingdoms, and how in that case he might summon them all to Rome at once.
2. If these remonstrances be ineffectual, and our adversaries press to have the contumacy decreed against us, you shall descend to another degree; viz., that even if the Pope could prove, which he cannot do, (1) that the citation had lawfully proceeded, (2) that our excusator ought not to be admitted sine mandato, and (3) that Rome were a place both competent and sure, to which we might have access without detriment to our realm,—yet we ought not to be condemned for contumacy, as no personal citation was addressed to us, but only per edicta, which mode ought never to be adopted unless it appear that a personal citation has been prevented by the party to be cited himself. The Pope has done nothing to compel us to say whether we were content to appear or not. And what contumacy if we do not appear, not being lawfully called? For as to the text, that illustrious persons ought not, even if they would, to appear in judgment, it refers only to cases of money and small injuries; but in a matter which touches so nearly our honor and the tranquillity of our souls we could not be content to leave it to a proctor without being present ourselves. You may, therefore, to avoid sentence of contumacy, say that we shall be content personally to appear on sufficient warning, if [each] of the three things before rehearsed can be maintained by the learning of indifferent persons, viz., of universities subject neither to us nor to the Emperor. (fn. 4) If at the same time you spread a rumor that we never refused to come to Rome if properly cited, it would surely tend to delay this sentence.
3. If with all your efforts you cannot make the Pope relent, you shall then lay before his eyes the little benefit or honor that will come of his sentence, either to him and the authors thereof, or to her in whose favor it is given, as we may appeal to the General Council,—a form for which appeal we now send;—during which appeal we think he will not dare attempt anything; and if he do, we, having regard to the maintenance of God's law, will study to destroy his. In so doing we doubt not to have the assistance of God; and as for that of men, we have friends and subjects devoted to us. You may also say that as, owing to the lack of justice we have experienced at the Pope's hand, we have been of late compelled to seek a remedy by laws passed with the whole consent of our realm, "and so, after we had long trodden the maze, to step forth to the end long labored for in vain at their hands to our great costs," it must not be supposed, but that we, "being in this point stinged with the Pope's glory and ambition contrary to the laws of Almighty God," shall provide a remedy for their injustice by other laws to be made in our realm, which will be to his rebuke and utter confusion.
Finally, if the Pope be determined to proceed against us, to show how unjustly he treats us even according to his own laws, we send you a copy of a book "presented afore the legates sitting here in judgment by the late [Queen's counsel, in] which be contained divers answers [and] objections then made against the Pope's bulls of dispensation bet[ween us] and the said late Queen, she consenting [and] assenting that they should be exhib[ited before the] said legates as her own counsel doth k[nowledge]." You will perceive by the answers made to the 8th and 9th arguments of that book, that the said late Queen and her counsel were compelled to acknowledge the marriage between her and prince Arthur to have been consummated, else they must have granted the bull to have been of none effect. "For in the bull is expressed that the Pope dispensed [upon affinity], which springeth not without carnal [copulation], and no mention is made of [the impediment of] justice of publique [h]onestie. [If there] were no carnal c[op]ulacion by reason wh[ereof it be] dispensed uppon affinitie, thenne the Pope disp[ensed u]ppon nothing, and so his bull was nothing worth; and consequently, for lack of a sufficient dispensacion, the marriage was not good, the impediment of justice and of publique honestie letting the same."
Pp. 2. Draft, partly in Wriothesley's hand.
R. O. 837. The Prior Of Launceston.
The answer of John Shere, prior of Launceston (fn. 5), to the bill of complaint presented to the King by the procurement of Wm. Kendall, because the prior denied him the farm of St. Thomas church, Launceston, which he desired to have far under its value.
1. It is reported that he has cruelly treated and punished certain of the brethren for not consenting to his unlawful requests. The truth is, that, hearing that certain of the brethren living insolently had fallen in debt in Launceston, the Prior, with the advice of the Commissary of the archbp. of Canterbury, set up a schedule on the church door, warning the inhabitants to disclose to him the brethren's debt. This bill was violently pulled down by Sir William Gynys, John Morley, and John Lawrence, canons of the priory, who would have slain the Prior. For this offence, committed them to prison according to the rules of St. Augustine's Order.
(fn. 6) The complainants examined by John bp. of Exeter could show no unlawful requests that had been made to them. Confessed the taking down of the bill.
2. They allege that his predecessor was deposed. He resigned of his own free mind, and the rather because he could not reduce the brethren to observe their religion.
(fn. 6) The late Prior confessed this.
3. They allege that Shere's election was done by "cantels;" but the brethren, with one consent, without provocation by him, compromitted the election to Sir George Stubbs, priest, who named him to the priorship. Was confirmed and installed by all their consents.
(fn. 6) This was not denied by the complainants, and it appears by the election sealed with the convent seal in the Bishop's registry.
4. The bill states that they intended to elect a virtuous discreet man; but the truth is they were "confedered" to have had as prior the said Wm. Genys, who is openly known to be a man of vicious living, without learning to understand the rules of his religion. His promises of simoniacal compactions are known in the town, and to many gentlemen in the country.
(fn. 6) The complainants confessed this to the Bishop.
5. As to his lacking learning, submits himself to examination, and refers himself to the report of those who have known him. Is above 27 years of age, and occupied the steward's office under the late Prior.
(fn. 6) The Bishop considers the new Prior's learning sufficient. He is well commended for other good qualities by Sir Piers Eggecombe, Sir John Chamond, and others, of Cornwall.
6. As to the sale of woods, of which they complain, sold Broderiche wood, with the consent of the convent, under the convent seal, and has not received one penny.
(fn. 6) This the convent confess to be true.
7. As to the 60l. laid in gage "in our comen whiche" (hutch) for the indemnity of a pension by one Mr. James Gentell, the said money was brought to the defendant by the complainants, with the consent of the rest of the convent, to pay creditors, buy household stuff, &c.; for repayment of which he pledged one chalice, and none other plate or vessels.
(fn. 6) The bringing of the 60l. to the present Prior is confessed by the complainants and other of the convent.
8. Denies that the priory is 1,000 mks. in debt.
(fn. 6) The Bishop has ordered the Prior to make a true account of the state of the priory by 1 May next, with an inventory of plate and jewels, at the time of his entry.
The remainder of the bill of complaint he utterly denies.
ii. Interrogatories ministered by Wm. Kendall to Thos. Hyckes, Wm. Pyper, John Wyse, and Ric. Carlyon, clk., concerning the making of the now prior of Launceston.
1. Whether Thos. Hickes, or any of them, were desired by the new Prior to labour to make him prior.
2. Whether the said new Prior bade them to offer money to Sir Wm. Courtenay or any other to make him prior.
3. Whether the Prior desired Hicks, or any other, to be bound to Sir Wm. Courtenay, or any other, for money promised to them by the said Prior; and whether they were so bound, &c.
4. Whether Hicks, or any other, has paid money to Mr. Courtenay, or any other, for the cause aforesaid; or whether they have borrowed money.
5. Whether he promised any fee or sum of money, or any other thing, to Hicks or others for their pains in that behalf.
6. Whether Hicks or the others offered the Prior money, or to be bound for him, without his asking them.
iii. Depositions taken by John bishop of Exeter, 15 Feb. last.
Thos. Hickes, mayor of Launceston, 45 years of age or more, deposes :—
1. Was not "laboured" in favor of the present Prior, but he was desired by his brother Sir John Hicks, canon of Launceston, that Sir Wm. Courtenay should cause the said John Hicks to be made prior. 2. Is ignorant in every cause thereof. 3. After Sir John Shere was elected and confirmed, was bound with others to Sir Wm. Courtnay for the same Sir John Shere, but he cannot remember the sum. 4. Paid to certain of Sir Wm. Courtenay's servants, in their master's behalf, a certain sum of money which he was bound to pay. Thinks this was only for Sir William's expences coming to Launceston at the time of the election. 5. Knows nothing thereof. 6. Offered the new Prior money to help him in his necessity, of his own mere mind, and not at the Prior's desire.
John Wyse, gent., of Launceston, 34 years of age or thereabouts, deposes that he knows nothing about these interrogatories, but that after Sir John Shere was elected and confirmed, he lent him 100 mks., but what the Prior did with it he does not know.
Richard Carlion, vicar of Stratton, Cornwall, 60 years of age or thereabouts, knows nothing of the interrogatories, but a month after Sir John Shere was elected he caused a friend of his to lend him 20l.
Wm. Pyper, of Launceston, 58 years or thereabouts, answers in the negative to the first, second, and third, and knows nothing of the others.
Pp. 4. Large paper.
838. Grants in February 1532.
1. Will. Gylbert of Cambridge, yeoman. Pardon for having killed in self-defence William Staynton of Cambridge, tailor, by a blow of a dagger, given on Tuesday the Feast of St. Mark past last, whereof he died on the 9th of May then next ensuing. It appears by the record of John Chapman, one of the coroners in the liberty of the town of Cambridge, sent to Sir Robert Norwyche and Sir Richard Lyster, justices of gaol delivery for Cambridge castle, that on the aforesaid Tuesday the said William Staynton, with other malefactors unknown, assaulted the said William Gylbert in a tenement called "le Christofer" in Barnewell (Camb.), in the liberty aforesaid. Westm., 1 Feb.—Pat. 23 Hen. VIII. p. 2, m. 17.
2. William Buksted, the King's bowyer. Grant in reversion of the office of one of the King's gunners in the Tower of London, (fn. 7) which was granted to Thomas Graves by patent 5 March 14 Hen. VIII. Westm., 1 July 23 Hen. VIII. Del. Westm., 1 Feb. —P.S. Pat. p. 1, m. 29.
3. Frauncys Rever, servant of Mons. de Breon, admiral of France. Licence to export 100 seams of oats. Westm., 31 Jan. 23 Hen. VIII. Del. Westm., 1 Feb.— P.S. Fr. m. 2.
4. Master Thomas Houghton, clk. Presentation to the parish church of Sladbourne, York dioc., vice Master James Denton, LL.D. Westm., 25 Jan. 23 Hen. VIII. Del. Westm., 1 Feb.—P.S. Pat. p. 1, m. 30.
5. John Robards, yeoman of the Guard. Grant of a corrody in the monastery of Vale Royal, Chesh., upon vacation by Sir Wm. Pole. Westm., 21 Jan. 23 Hen. VIII. Del. Westm., 1 Feb.—P.S.
6. Norfolk Circuit : Thomas Fitzhugh and John Semar to be associated with Sir Robert Norwiche and Sir Richard Lyster, as justices of assize. Westm., 5 Feb. —Pat. 23 Hen. VIII. p. 2, m. 17d.
7. Sir Gregory de Cassalis. Annuity of 46l. 13s. 4d. for life, with grant of the like sum for the year concluded 1 July last. Westm., 21 Jan. 23 Hen. VIII. Del. Westm., 5 Feb.—P.S. Pat. p. 1, m. 17. Fr. m. 2.
8. Hugh Roberts, B.C.L. Presentation to the church of St. Peter's le Bailey, Oxford, Linc. dioc., void by resignation of Arthur Bulkeley, and in the King's gift by reason of the suppression of the monastery of St. Frediswides. Hampton Court. 1 Dec. 23 Hen. VIII. Del. Westm., 5 Feb. —P.S.
9. Commission of the Peace.
Bucks : Sir Thos. More, chancellor, Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, J. bishop of Lincoln, Will. prior of St. John's of Jerusalem in England, Andrew lord Wyndesore, Edm. lord Bray, Sir Rob Norwich, Sir Ric. Lister, Sir John Daunce, Sir John Mordaunt, Sir Francis Brian, Sir John Russel, sen., Sir Will. Gascoign, Sir Edw. Donne, Sir Rob. Lee, Will. Wyndesore, John Baldewyn, serjeant-at-law, Edm. Pekham, John Cheyny, Edm. Molyneux, Paul Darell, Humph. Tyrell, Geo. Bulstrod, Roger Gifford, Geo. Gifford, Roger Corbett, Thos. Gyfford, Ric. Bruce, Ric. Hampden, Will. Marshall, John Babham, Will. Davy. Westm., 6 Feb.—Pat. 23 Hen. VIII. p. 1, m. 5d.
10. John archbishop of Dublin, alias John Alen, late chancellor of Ireland, commissary of the lord cardinal Thomas [Wolsey], and vice legate of the said Cardinal in Ireland. Pardon and release of all his possessions which he granted to the King by deed dated 4 Feb. 22 Hen. VIII. Westm. 6 Feb. 23 Hen. VIII. Del. Westm., 7 Feb. —P.S. Pat. p. 1, m. 16. (Rym. XIV. 430.)
11. Robert Crokiston, one of the messengers of the King's Chamber, and William Pullokyshill. Grant, in survivorship, of the office of messengers of the Exchequer, with 4½d. a day. Hampton Court, 11 Dec. 23 Hen. VIII. Del. Westm., 7 Feb.—P.S. Pat. p. 1, m. 17.
Commissions of the Peace.
12. Worcestershire : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Will. earl of Arundel, Geo. earl of Shrewsbury, J. bishop of Exeter, Walter Devereux lord Ferrers, Sir Will. Fitzwilliam, jun., Clement abbot of Evesham, Will. prior of Worcester, Sir John Porte, Th. Willoughby, serjeant-at-law, Sir Humph. Conyngesby, Jamesl Denton, clk., Sir Edw. Crofte, Sir Will. Morgan, Sir Gilbert Talbot, Sir Thos. Cornewall, Sir Geo. Throkmarton, Sir John Russell, Th. Audeley, serjeant-at-law, John Salter, Geo. Bromley, John Russell, John Skudemore, Thos. Nevell, Roger Wynter, Rouland Moreton, John Walshe, John Littleton, John Pakyngton, Will. Nevell, Rob. Wye, John Ketilby, Will. Gower, Will. Sheldon. Westm., 8 Feb. —Pat. 23 Hen. VIII. p. 1, m. 7d.
13. Essex : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, John earl of Oxford, Hen. earl of Essex, Thos. earl of Rutland, Rob. earl of Sussex, Will. prior of St. John's of Jerusalem in England, Hen. lord Morley, Sir Will. Fitzwilliam, jun., Thos. abbot of Colchester, Sir Rob. Norwiche, Sir Thos. Inglefeld, Chr. Hales, attorney general, Sir Brian Tuke, Sir Will. Fitzwilliam, sen., Sir Roger Wentworth, Sir Giles Capell, Sir Thos. Seymour, Sir Thos. Tey, Sir Will. Pyrton, Humph. Broune, serjeant-at-law, Thos. Audeley, serjeant-at-law, Humph. Wyngfeld, John Seyntclere, Thos. Bonham, Will. Weste, Edw. Tyrell, Thos. Darcy, Ant. Darcy, Edw. Grene, John Gatys, John Broune, Rob. Mordaunt, Will. Bradbury, Ric. Riche, Ric. Higham, Thos. Wyott, John Pilbarough, John Edmonds, jun., Bartholomew Prouse. Westm., 9 Feb.— Pat. 23 Hen. VIII. p. 1, m. 5d.
14. Northamptonshire : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, J. bishop of Lincoln, Will. prior of St. John's of Jerusalem in England, John lord Zouche, Thos. lord Vaux of Harowedon, Sir Ric. Grey, Sir Will. Fitzwilliam, jun., Sir Humph. Conyngesby, Sir Ant. Fitzherbert, Sir Will. Fitzwilliam, sen., Sir John Russell, sen., Sir Will. Parre, Sir Will. Gascoign, Sir Thos. Tressham, Edm. Knyghtley and Edw. Mountague, serjeants-at-law, Thos. Griffith, Ric. Knyghtley, Ant. Ralegh, Ric. Verney, Thos. Brokesby, Ric. Tresham, Thos. Brudenell, John Hasylwode, Will. Newenham, Edw. Warner, John Barnard, John Cave, Ric. Humfrey, Thos. Lovet, Will. Saunders, Rob. Chauntrell. Westm., 12 Feb.—Pat. 23 Hen. VIII. p. 1, m. 6d.
15. Midland Circuit : John Jenour, associated with Sir Humphrey Conyngesby and Sir Anthony Fitzherbert, justices of assize. Westm., 12 Feb. — Pat. 23 Hen. VIII. p. 2, m. 17d.
16. Northern Circuit : James Fox, associated with John Spilman and Humphrey Browne, justices of assize. Westm. 12 Feb. —Pat. 23 Hen. VIII. p. 2, m. 32 d.
17. Ralph Weitwood, of Newcastle-upon-Tyne, merchant, alias of London, ironmonger. Protection; going in the retinue of Sir Thos. Clifford, vice-captain of Berwick-upon-Tweed. Westm., 12 Feb. — Fr. 23 Hen. VIII. m. 2.
Commissions of the Peace.
18. Wilts : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk. Thos. earl of Wiltshire, Hen. ld. Montague, Edw. ld. Stourton, John ld. Audeley, Sir John Fitzjames, Sir Ric. Lister, Sir Will. Shelley, Sir Will. Fitzwilliam, jun., Ric. abbot of Malmesbury, Sir Will. Paulett, Sir John Boughchier, Sir John Seymour, Sir Hen. Long, Sir Will. Stourton, Sir Edw. Baynton, Sir Will. Essex, Sir Edm. Tame, Sir John Brigges, Sir Ant. Hungreford, Sir Edw. Seymour, Roger Yorke, serjeant-at-law, Walter Hungreford, Ric. Hylley, clk., Rob. Baynard, Ant. Stylman, John Erneley, Will. Ludlowe, Thos. Apprice, Edm. Mompesson, Bartholomew Husey, Hen. Poole, Charles Bulkeley, Rob. Wye, John Pye, James Loure, Ric. Woodcok. Westm., 14 Feb.—Pat. 23 Hen. VIII. p. 1, m. 7d.
19. Lincoln, Holland : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Thos. earl of Rutland, J. bishop of Lincoln, John ld. Husey, Sir Will. Fitzwilliam, jun., Sir Humph. Conyngesby, Sir Ant. Fitzherbert, Sir Will. Fitzwilliam, sen., Thos. Hennege, Francis Broune, John Littelbury, John Meres, Rob. Aprice, Thos. Tempest, John Hennege, Ant. Eirby, Thos. Gildon, John abbot of Swynshed, Nic. Roberdson, Thos. Holland, John Hall, John Coppledyke, Thos. Halgh, Rob. Pulvertofte. Westm., 15 Feb. —Pat. 23 Hen. VIII. p. 1, m. 6d.
20. Hunts : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, J. bishop of Ely, J. bishop of Lincoln, John ld. Husey, Sir Will. Fitzwilliam, jun., Sir Rob. Norwich, Sir Ric. Lister, Sir John Mordaunt, Sir John Russell, sen., Sir Will. Husey, Sir John Seyntjohn, Sir John Gascoygn, Sir Nic. Harvy, Sir Laurence Taylard, Walter Luke, John Hynde, and Edw. Mountague, sergeants-at-law, Ric. Sapcote, John Castell, Thos. Hall, Thos. Louth, Thos. Megge, Thos. Wanton, Peter Feldyng, Thos. Downold. Westm., 16 Feb. —Pat. 23 Hen. VIII. p. 1, m. 6d.
21. Thomas Lawson. Lease of the manor or lordship of Knapton, parcel of the manor of Sherefhoton, parcel of the possessions in co. York, assigned for the payment of the garrison of Berwick, with reservations; for the term of 21 years, at the annual rent of 16l. 8s. 2d. Westm., 16 Feb.—Pat. 23 Hen. VIII. p. 2, m. 30.
22. Henry Blakberde, of Fulneby (Linc.), laborer. Pardon for having killed William Osborne, in self-defence, at Rand (Linc.), on 12 March 22 Hen. VIII., as appears by an inquisition taken before Sir Robert Norwich and John Jenour, justices of gaol delivery for Lincoln castle, the said Henry having been indicted of the death of the said William before John Hethrington, one of the coroners in said county. Westm., 16 Feb. —Pat. 23 Hen. VIII. p. 1, m. 31.
23. William Draper. Wardship and marriage of Nicholas Ballard, son and heir of Clement Ballard, deceased. Westm., 29 Jan. 23 Hen. VIII. Del. Westm., 16 Jan.—P.S. Pat. p. 2, m. 17.
24. John Asshton. auditor of Crown lands acquired, exchanged, and recovered Reversion of the office of one of the auditors of the Exchequer on the first vacancy among the present auditors, Thomas Thamworth, John Goldyng, William Price, and Bryan Taylour; with the usual fees, &c. Westm., 16 Feb. 23 Hen. VIII. Del. Westm., 17 Feb. —P.S. Pat. p. 1, m. 31.
25. John Walker, clk. Presentation to the parish church of Wotton, Oxon, Linc. dioc., vice William Barley, clk., deceased. Westm., 14 Feb. 23 Hen. VIII. Del. Westm., 20 Feb.—P.S. Pat. p. 2, m. 34.
Commissions of the Peace.
26. Warwickshire : Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Will. prior of St. John's of Jerusalem in England, Sir Will. Fitzwilliam, jun., the abbot of Kelyngworth, Sir Humph. Conyngesby, Sir Ant. Fitzherbert, Sir John Dudley, Sir Geo. Throkmarton, Sir Edw. Ferrers, Sir John Willoughby, Sir. Edw. Willoughby, Roger Wygston, Will. Legh, Will. Boughton, Will. Feldyng, Thos. Trye, Thos. Spenser, Reginald Dygby, John Grevyle, Thos. Ardern, Humph. Dymmok, Simon Mountford, Edw. Conwey, Ric. Verney, John Waldyf, Will. Wyllyngton, Thos. Holte, Baldwin Porter, Ric. Wyllys, Ric. Fulwood, Francis Slade. Westm., 22 Feb.—Pat. 23 Hen. VIII. p. 1, m. 7d.
27. Lincoln, Lindesey : Sir Thos. More, Chancellor, Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Thos. earl of Rutland, J. bishop of Lincoln, John ld. Husey, Thos. ld. Burgh, Geo. Hennege, dean of Lincoln, Sir Humph. Conyngesby, Sir Ant. Fitzherbert, Sir Rob. Dymmok, Sir Chr. Willoughby, Sir Rob. Tirwhit, Sir Will. Askewe, Sir Chr. Askewe, Sir Edw. Burgh, Sir Andrew Billesby, Will. Skipwith, Thos. Hennege, Will. Tirwhit, John Mounson, John Seyntpoll, Will. Gardyner, Will. Sandon, John Gooderik, John Coppledike, Edw. Forman, Thos. Dymmok, John Littelbury, Ant. Missenden, Thos. Missenden, John Hennege, Thos. Halgh, Nic. Girlyngton, Thos. Gyldon, Edw. Madyson, Will. Dalyson, John Tourney, John Hall, Vincent Grantham, Thos. Moign, Thos. Littelbury, Edw. Forsett, Rob. Brokesby. Westm., 23 Feb.—Pat. 23 Hen. VIII. p. 1, m. 6d.
28. William Berners and Robert Wyngfelde. Reversion of the office of auditor of the possessions called Warwik lands, Salysbury lands, and Spencer landes, in all those counties of England of which John Clerke and Edward Sharpe were lately auditors; which office of auditors was granted by patent 26 May 7 Hen. VIII. to John Turnour and George Quarles. Westm., 17 Feb. 23 Hen. VIII. Del. Westm., 23 Feb.—P.S. Pat. p. 1, m. 35.
29. Thos. duke of Norfolk. To be lieutenant of Kynfare forest and the hays of Chaspell, Asshwood, and Everley, Staff., master of the hunt of deer there, and steward of the lordship and town of Kynfare. Westm., 20 Feb. 23 Hen. VIII. Del. Westm., 24 Feb.—P.S. Pat. p. 1, m. 15. (Enrolled also in p. 2, m. 31.)
30. Commission of the Peace.
York, East Riding : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Cuthbert bp. of Durham, Hen. earl of Northumberland, Geo. earl of Shrewsbury, Thos. earl of Rutland, Hen. earl of Cumberland, Sir Thos. Darcy lord Darcy, Sir Will. Fitzwilliam, jun., John Spelman, Humph. Browne, serjeant-at-law, Brian Higden, dean of York, Thos. Magnus, clk., Sir Geo. Darcy, Sir Ric. Tempest, Sir Thos. Wharton, Sir Ralph Eure, Sir Will. Eures, Sir Rob. Constable, Sir Ralph Ellarker, jun., Sir Rob. Aske, Sir John Constable of Holdernes, Sir Will. Constable, Sir Peter Vavasour, Sir Marmaduke Constable, sen., Sir Marmaduke Constable, jun., Sir Geo. Lawson, Sir Francis Bigod, Thos. Fairfax, serjeant-at-law, Sir Ralph Eures, Rob. Bowes, Edm. Copyndale, Chr. Hylzard, Will. Babthorp, Ric. Smythley, Rob. Creke of Beverley, Chr. Thirkyll, sen., Will. Twaytes. Westm., 26 Feb.— Pat. 23 Hen. VIII. p. 1, m. 5d.
31. David Vyncent. To be keeper of the King's wardrobe in Estgrenewich, Kent, with fees of 8d. a day, from Mich. 22 Hen. VIII. Westm. 21 Feb. 23 Hen. VIII. Del. Westm., 27 Feb.—P.S. Pat. p. 1, m. 31.
32. John Pate, groom of the Wardrobe of Beds. Corrody in the monastery of Pypwell, Northt., vice Thomas Garton, deceased. Westm., 22 Feb. 23 Hen. VIII. Del. Westm., 27 Feb.—P.S.
33. Roger Barloo. Exemption from serving on juries, or being made mayor, sheriff, alderman, escheator, or other officer of Bristowe. Westm., 26 Feb. 23 Hen.VIII. Del. Westm., 28 Feb.—P.S. Pat. p. 2, m. 35.
34. Antony Draycot, King's chaplain. Presentation to the church of Cotyngeham, Linc. dioc., the patronage of which was granted to the King by John Draycote, 29 Jan. 23 Hen. VIII. Westm., 24 Feb. 23 Hen. VIII. Del. Westm., 28 Feb.— P.S.
35. Commission of the Peace.
Staffordshire : Sir Thos. More, C., Thos. duke of Norfolk, Charles duke of Suffolk, Thos. earl of Wiltshire, Geo. earl of Shrewsbury, Edw. Sutton lord Dudley, Will. Blount lord Mountjoy, Walter ld. Ferrers, Francis ld. Talbot, Sir Will. Fitzwilliam, jun., James Denton, dean of Lichfield, Sir John Porte, Sir Ant. Fitzherhert, Th. Wiloughby, serjeant-at-law, Sir John Talbott, Sir Lewis Bagott, Sir John Gifford, Walter Wrottesley, Geo. Greysley, Will. Bassett, John Salter, Geo. Bromley, John Vernon, Philip Draycote, Edw. Aston, Edw. Littelton, Thos. Gifford, Will. Horewode, Walter Blounte, Thos. Scrympshere, John Grosvenour, Thos. Moreton, Ric. Selman. Westm., 28 Feb.— Pat. 23. Hen. VIII. p. 1, m. 7d.

R. O.
St. P. IV. 592.
839. James V. to Bute Pursuivant.
Credentials given to Robert Hert, Bute Pursuivant, to show to the king of England.
1. James hopes, from the writings sent to him by Carlisle, that Henry will believe in the sincerity of his friendship, and will also consider that he is the nearest man to him in blood, and may be most helpful to him in his great affairs. Deprecates all suspicion of unkindness.
2. Is to request Henry to consider the answer made in James's principal writings on the question of Canabe, and see that if any man make claim to lands long in the possession of the king of Scots, it is not Henry's part to molest him.

R. O.
840. John Creke to Cromwell.
Complains that Wm. Gibson retains certain "polldavis" belonging to the writer, although he had given him a statute staple for the first payment in seven years of 67l. on the award of Ric. Fermer and Thos. Cole, appointed arbitrators in the case by my lord of Wiltshire. Made formal proof of his right by Chr. Coo. Is without money in consequence, and has no remedy but by order of Chancery, and the Lord Chancellor has replied that he will meddle with no matter till after Easter. The first payment is due on the last day of March, and the time is short. Begs Cromwell to lend him the 10l. till next term or Midsummer term, else he will be driven to sanctuary, as of all men he will find the least pity in Gibson.
Hol., p. 1. Add. : To the right worshipful Master Cromwell.


  • 1. This was in 1515, when More and Tunstall were sent over to the Low Countries as ambassadors to Charles*V., at that time prince of Castile. See vol. ii. 422.
  • 2. See Venetian Calendar, IV. 744.
  • 3. Cardinal of Ancona.
  • 4. In another draft of this passage, a few pages on, it is suggested that two of the universities selected should be those of Bologna and Padua, "notwithstanding the same, being his, might seem not to be indifferent."
  • 5. He was elected prior, according to Dugdale, on the 6th June 1531.
  • 6. The paragraphs marked thus are added, and signed by the bp. of Exeter.
  • 7. The words "in the Tower of London" do not occur in the enrolment of the Patent 5 March 14 Hen.VIII.