XXVIII.

The King's Letter to his Ambassadors, about his appearance before the Legates. An Original.

(Cotton Libr. Vitell. B. 11.)

To our trusty and right well-beloved Counsellors, Mr. Wm. Bennet, Doctor of both Laws; Sir Gregory de Cassalis, Knight; and Mr. Peter Vannes our Secretary for the Latin Tongue, our Ambassadours, resident in the Court of Rome, and to every of them.

HENRY R.

BY THE KING.

June 23, 1529. TRUSTY and right well-beloved, we greet you well. By former Letters and Writings sent to you Sir Gregory and Mr. Peter, with other of your Collegues then being at Rome, and by such conference as was had with you Mr. Bennet before your departure, you were advertised in what state then stood our Cause and Matter of Matrimony, and how it was intended that the Process of the same should with diligence be commenced before the Pope's Legates here, being authorised for that purpose. Since that time, ensuing the deliberation taken in that behalf, the said Legates, all due Ceremonies first observed, have directed Citations both to us and to the Queen, for our and for her appearing before them the 18th of this month; which appearance was duly on either Party kept, performed, and all requisite Solemnities accomplished: At which time the Queen trusting more in the power of the Imperialists, than in any justness of her Cause, and thinking of likelyhood, by frustratory allegations and delays, to tract and put over the Matter to her advantage, did protest at the said day, putting in Libels, Recusatories of the Judges; and also made a provocation, alledging the Cause to be avoked by the Pope's Holiness, et litis pendentiam coram eodem; desiring to be admitted for probation thereof and to have a term competent for the same: Whereupon day was given by the Judges till the 21 of the same month, for declaration of their minds and intentions thereunto; The Queen in Person, and we by our Proctor enjoined to appear the same day, to hear what the said Judges should determine in and upon the same. At which time both we and the Queen appeared in Person; and notwithstanding that the said Judges amply and sufficiently declared, as well the sincerity of their minds directly, justly to proceed without favour, dread, affection, or partiality; as also that no such

Recusation, Appellation, or term for proving of Litis pendentiam, could or might be by them admitted: yet she nevertheless persisting in her former wilfulness, and in her Appeal, which also by the said Judges was likewise recused: And they minding to proceed further in the Cause, the Queen would no longer make her abode to hear what the said Judges would fully discern, but incontinently departed out of the Court; wherefore she was thrice preconnisate, and called eft-soons to return and appear; which she refusing to do, was denounced by the Judges Contumax, and a Citation decerned for her appearance on Friday next, to make answer to such Articles and Positions as should be objected unto her: So as now it is not to be doubted, but that she will use all the ways and means to her possible, to impetrate and attain such things, as well by her own pursute, as by her Friends, as may be to the impeachment of the rightful Process of this Cause, either by Advocation, Inhibition, or otherwise: Wherefore seeing now in what state this our Matter standeth and dependeth, necessary and requisite for the great Consequences hanging upon the same, not only for the exoneration of our Conscience, but also for the surety of our Succession, and the well of this our Realm and People, to be with all celerity perfected and observed; It was thought convenient to advertise you of the Premises, to the intent ye being well and sufficiently instructed in all things concerning the same, shall by your wisdoms and diligences have special regard that nothing pass or be granted there by the Pope's Holiness, which may either give delay or disappointment to the direct and speedy process to be used in this Cause, neither by Advocation of the Cause, Inhibition, or otherwise; but that if any such thing shall, by the Cæsareans, or by her Agents, or other, be attempted, or desired, the like Men of Wisdom, good Zeal, Learning, and Experience, diligently procure the stopping thereof, as well upon such Reasons and Considerations as before have been signified unto you, as by inferring the high and extream dishonour, and intolerable prejudice that the Pope's Holiness thereof should do to his said Legates; and also the contrariety both of his Bull and Commission, and also of his Promise and Pollicitation passed upon the same; beside the notable and excellent displeasure thereby to be done by his Holiness to us, and our Realm, clear contrary to our merits and deserts; extending also the other dangers mentioned in the said former Writings, apparent to ensue thereby to his Holiness, and the See Apostolick, with the manifold, and in manner infinite inconveniences like to follow of the same to all

Christendom, and all other such reasons, introductions and perswasions ye can make and devise for that purpose: putting him also in remembrance of the great Commodity coming unto his Holiness herein, by reason that this Cause being here decided, the Pope not only is delivered from the pains that he should in this time of Disease and Sickness, to the extream peril of his Life sustain with the same, seeing that it is of such moment and importance, as suffereth no tract or delay; but also his Holiness shall by such decision here eschew and avoid all displeasure that he should not fail to have, if it were or should be passed elsewhere: which matter is no little wisdom well to foresee and consider, and not only to forbear to do or pass any thing derogatory or prejudical to his said Commission, but also by all means possible to corroborate and fortify the same, and all such Acts judicial as shall pass by his said Legates by virtue thereof. Like as we doubt not but that the Pope's Holiness, of his Uprightness, Vertue, and perfect Wisdom will do; and rather like a most loving Father and Friend, tender and favour our good, just and reasonable Causes and Desires, putting thereunto all the furtherance he may do, than to do or consent to be done any thing hurtful, prejudical, dammageable, or displeasant unto us, or this our said Cause. And finally; If need shall be, we will ye also infer, as the case shall require, how inconvenient it were this our Matter should be decided in the Court of Rome; which now dependeth totally in the Emperor's Arbitre, having such puissance near thereunto, that, as hath been written by the Pope's own Letters, their State and Life there is all in the Emperor's hands, whose Armies may famish or relieve them at their pleasure. And semblably ye shall not forget the prerogative of our Crown and Jurisdiction Royal, by the ancient Laws of our Realm, which admitteth nothing to be done by the Pope to the prejudice thereof, and also what danger they should incur that would presume to bring or present any such thing unto the same, as in our last Letters sent by Alexander was touched at good length. Wherein since ye be already so well and amply instructed, knowing also how much the Matter imports and toucheth us, and what profit and agreeable service ye may do unto us herein, with the high thanks that ye may deserve for the same: We shall not be more prolix, but refer the substantial, perfect, and assured handling hereof to your circumspections, fidelities, and diligences, not doubting but that ye will now above all other things, look vigilantly here unto, and so acquit your selves in the same, as it may well appear that your Acts shall be correspondent to our firm trust and ex

pectation, and no less tender this thing than ye know it to be imprinted in the bottom of our Heart, nor than as ye know both the importance and high moment, and also the very necessity of the Matter doth require. In which doing, beside the laud and praise that ye shall consecute thereby of all good Men, we shall so have your acquittals in our remembrance, as ye shall have cause to think your travels, pains, and studies herein, in the best wise collocate and emploied. Given under our Signet, at our Palace of Bridewel, the 23d day of June.

XXIX.

Doctor Bennet's Letter to the Cardinal, showing how little they might expect from the Pope. An Original.

(Cotton Libr. Vitel. B. 11.)

Rome, 9 July, 1529. PLEASE it your Grace to understand, that the 6th day of this month the Pope's Holiness send for us: Albeit we had made great sute for audience before to his Holiness, soon after that we had understanding that his Holiness was recovered of this his last Sickness, into the which he fell the second day after I had my first audience of his Holiness, which was the 21 day of the last month: And after our long communication and reasoning in the King's Highness Cause, which, at length, we have written to your Grace in our common Letter, for a confirmation of many inconveniences and dangers which we perswaded to his Holiness, to follow both to himself and to the See Apostolick, in case his Holiness should avoke the cause; I thought much convenient at that same time to deliver the King's familiar, and likewise your Grace's Letter, and so to shew your Grace's Credence to his Holiness. After the foresaid Letters delivered, and by his Holiness shewed me, that he perceived by your Grace's Letters, that I had certain Credence to shew unto him of great moment and importance, concerning him and the See Apostolick. I showed to his Holiness your Grace's Faith and observance, his Holiness doth best know; most humbly besought his Holiness to believe these undoubtedly to follow, That if his Holiness should, at the labours of the Cæsareans, avoke the Cause, he should not alonely offend the King's Highness, whith hitherto hath been a stay, a help, and a defence of the See Apostolick, but also by reason of this injury, without remedy, shall

alienate his Majesty and Realms, with others, from the devotion and obedience of the See Apostolick. This I shewed his Holiness, that your Grace doth evidently perceive to follow, in case his Holiness should incline to the Cæsareans desire on this behalf: Yea further, I said, that your Grace most clearly perceiveth also by that Act, the Church of England utterly to be destroyed, and likewise, your Person; and that these your Grace, with weeping tears, most lamentably committed unto me to shew to his Holiness. Furthermore I shewed to his Holiness, that your Grace, howsoever you should proceed in this Cause, did intend to proceed so sincerely, indifferently, and justly, that you would rather suffer to be jointed, Joint by Joint, than either for affection or fear, do any act either against your Conscience or Justice. Furthermore I said, that seeing his Holiness may be so well assured, that your Grace will do nothing but according to Justice in this Cause, he may the more boldly deny Avocations to the Cæsareans, seeing that the Queen and the Emperor can desire but Justice, which they may have at your Grace's hand, and my Lord Campegius, as well there as here; and by this means his Holiness should deliver himself from great pains and unquietness of mind, which he should sustain in case the Cause should be known here, where he should have the King's Highness on one part, and the Emperor on the other side, daily calling upon his Holiness. To this his Holiness most heavily, and with tears, answered and said, That now he saw the destruction of Christendom, and lamented that his fortune was such to live to this day, and not to be able to remedy it, (saying these words) For God is my Judg, I would do as gladly for the King, as I would for my self; and to that I knowledg my self most bounden, but in this case I cannot satisfy his desire, but that I should do manifestly against Justice to the charge of my Conscience, to my rebuke, and to the dishonour of the See Apostolick; affirming, that his Counsel shews him, that seeing the Cæsareans have a Mandate or Proxie of the Queen, to ask the Avocations in her Name, he cannot of Justice deny it, and the whole Signature be in that same opinion; so that though he would most gladly do that thing that might be to the King's pleasure, yet he cannot do it, seeing that Signature would be against him whensoever the Supplication should be up there: And so being late, we took our leave of his Holiness, and departed. Seeing that we could obtain nothing of the Pope for stopping the Avocation, we consulted and devised for the deferring of it, till such time as your Grace might make an end in the Cause there.