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" me hither, nor I for my part, to win an 100,000 crowns,

" would come again about any hke matter, considering how

" coldly ye have hitherto proceeded. And surely I am

" sorry, that either you should judge me so void of wit, that

" I could not perceive whereunto this childish excuse tend-

•' eth, or occasion me to suppose you so much without con-

" sideration, as to think I would be brought to believe, that

" the swearing of the Prince and his receiving into these

" towns, could be any delay to the answering of those things

" that I am now come hither for : a matter easy enough

" to be perceived of such as never had any experience of

" the world. For who can think that the Emperor would

" have brought his son hither to be sworn and received of

- " his subjects, without having before concluded and deter-

" mined the whole circumstance thereof with the estates

" here ? or, can the occupation therein be such, and so con-

" tinual, as he hath no time to answer to four or five points

" proponed to him almost now five weeks past ?" Hereunto

D' Arras very coldly answered, that in truth the cause of

his [the ambassador's] stay, whatsoever he thought, was 1 59

only such as he had shewed him: and therefore prayed


R 4

1^48 MEMORIALS ECCLESIASTICAL


BOOK him not to conceive any other opinion. " For I assure you,'**

__^___ added he, " the Emperor beareth the King his good bro-


A-nno 1549." ther as much affection as if he were his son; and would

" gladly aid and assist him in all things to the uttermost

" that he may conveniently. But,*" said he, " these matters

" are weighty, and require to be answered unto with deli-

" beration.""

Emperor's A few days after, Mons.d' Arras, accompanied with two

answer. pj-esideuts of the Emperor's council, S. Maurice and Vig-

lius, gave this ansv/er to our ambassadors, " That albeit

" the Emperor thought, the King, being under age, could

" not himself, by the order of the law, conclude upon any

" thing now in his minority, that should be of due strength

" and force, able to bind him and his country, when he

" should come to his perfect age; yet taking that his tu-

" tors, being authorized thereto by the common consent of

" the Parliament, might go through and conclude upon

" these, or like things, in his name, he thought it would do

" well, when his [the Emperor's] subjects should be recom-

" pensed for the wrongs they had hitherto sustained : and

" that some order might be devised for the administration

" of justice hereafter in like cases.
" That as touching the confirmation of the treaty that

" was first made between the Emperor and King Henry

" VIII. and not ratified by the present King, the Emperor

" thought that he had most cause to require the same.

" Wherefore, because he thought that what the King himself

" should conclude upon, during his minority, could not be

" of sufficient force, but if his tutors should be by authority

" of Parliament enabled thereto, the Emperor was content

" the treaty should be confirmed by them in the King's name,

" and by the Prince of Spain, in such form as should be

" thought best by both parties.
" As to the comprehension of Boloign, that they had a

" treaty with France as well as with England ; which the

" Emperor could not, without some touch of his honour,

" break without just ground. And albeit his Majesty would

" be loath to see the King, his good brother, forego either

OF KING EDWARD VI. 249


" that piece, or any jot of his right, yet could he not enter CHAP.

«' this defence, unless he should break with France out of ^^^'

" hand, which in respect of his other affairs he could not Anno 1549.

" yet do. Howbeit he would gladly assist his good brother

" in any other thing the best he might : and would not fail

" to shew him all the pleasure he could with regard to his

" honour. But with Boloign he could not meddle at that

« time.''


Here D' Arras staying, Paget asked him, whether that To which

were the Emperor's resolute and full answer ? Which when sador re-

D'Arras had affirmed, Paget proceeded, " That albeit he P'^^s.

" had no commission to make any reply, because it was not

" known to the Lord Protector what the Emperor's resolu-

" tion should be, yet in way of talk he would be bold to

" say his mind herein. We have, Mons. d' Arras, said he,

" always esteemed the Emperor's friendship, and desired

" the observation of the treaties, and the entertainment of

" amity, as a thing necessary and common to both the

" parties, for the better establishment thereof; and that

'*• now and in this time some good fruit, to the benefit of

" both, might appear to the world to follow of the same, I

" was sent hither, which was the chiefest cause of my com-

" ing. And because the amity betwixt both princes might

" be the firmer, and that all doubts being taken away, no 160

" cause of quarrel should be left, we thought best to put

" you in mind of the confirmation and revisitation of the

" treaty, to the intent that by the one the world might see

" an establishment of our friendship by overt deed ; and

" that by the other, one of us might understand another,

" and consider, whether any thing were to be added for the

*' commodity of both parties. Which I suppose standeth

" you as much upon to desire, as it doth us.


"And whereas you say, that the King's Majesty, be- The power

"cause he is under age, cannot conclude or go through ?^ ^jj! J ^^VJ^

" with any thing that shall be of sufficient force, I must nority,

" needs tell you plainly, that you touch his Majesty's ho-^

" nour over near herein. For we think that the majesty of

" a king is of such efficacy, that he hath even the same


250 MEMORIALS ECCLESIASTICAL


BOOK " authority and full power at the first hour of his birth

' " that he hath thirty years after. And what your laws are


Anno 1549. " I know not, but sure I am, that by our laws, whatsoever

" is done by the King in his minority, or by his ministers in

" his name, is of no less force and strength, than if it had

" been done in time of his full age and years. If once the

" great seal of the realm hath passed, there is no remedy,

" but need must he stand thereto. Marry, let the ministers

" take heed what they do, and look that they be able to

" discharge themselves towards him of their doings, if he

" shall require account of them, when he cometh to age.

" For it is they must answer him, but he must stand to

" whatsoever they have counselled him to agree unto dur-

" ing his minority. And to prove that our laws give him

" the same authority now, that he shall have when he com-

" eth to his perfect age, if any man, either for the instruc-

" tion of learning, or any other cause, should presume to

" lay hands upon, or touch his Majesty, in way of correc-

" tion, he should by the law be taken as a traitor. And if

" the matter were as ye take it, we should be then in a

" strange and evil case. For neither might we conclude

" peace, league, or treaty, nor make laws, acts, or statutes,

" during the King''s minority, which should be of sufficient

" force to bind him and his to the observation of the same.

" But ye mistake the matter much. And therefore, if the

" Emperor mindeth to proceed to confirmation, he may, or

" otherwise do, as it shall please him.""


Then did the ambassador descend to the other matters.

As to answer a complaint of the Emperor for lack of justice

in his subjects' causes. To which he said, " That there

" had not any man complained in our country, and re-

" quired justice, to whom the same had been denied. And

" that although some men, abiding the order of the Eng-

" lish laws, or having some sentence that pleased them not,

" complained thither of delay or lack of justice, they were

" not therefore by and by to judge that they said true, or

" that there was not uprightness or equity used in our

" country. For as the Emperor had in those his countries.

OF KING EDWARD VI. 251


" so the English had in theirs, ministers that were wise CHAP.

" and well learned in the laws, and men of honesty and ^'


" good conscience, who dealt and proceeded justly, as the Anno 1549.

" order of the laws led them, without respect to favour or

" friendship of any man."


But the complaints of one of the Emperor's subjects was The case of

particularly incumbent upon the ambassador now to an- ^ro^g ^one

swer : whose case D' Arras had especially urged. It was J" » jf^p^"

concerning a jeweller, that had gotten a safe conduct of peror's sub-

King Henry VIII. to bring into England certain jewels. J^^-

For which he had the said King's hand and seal : but be-

cause he had it not sealed also with the great seal of Eng-

land, his jewels were taken from him : and he not present,

(although it were so named in his sentence, being then

dead,) .was condemned to lose them by order of our law.

Which sentence D'Arras had aggravated to have been con-

trary to all equity and justice. And that it seemed very

strange to him, that when the King's hand and seal ap-

peared to be sufficient for greater matters, it sufficed not

for a less : and when the treaties provided, that the subjects

of one prince might frankly without impediment traffic and

occupy in the other prince's country. But to shade the

matter, one, he could not tell who, had been agreed withal,

and so the poor man and his heirs put from their right.

Therefore, said D' Arras, the Emperor thought it were meet,

or ever any further order should be concluded upon, that

his subjects were first recompensed of those wrongs they

had sustained, and the matter brought to some end, and

the Emperor's people put in as good case as the King's

were. For he assured him their wrongs were many. As to

the matter of the jeweller, thus did the ambassador answer ;

" That as they there had laws in their country for the di- Answered

" rection of their commonwealth, so we had also in ours : bLsadoT'

" whereby among the rest were forbidden, for good re-

" spects, the bringing or transporting forth certain things

" without the King's safe conduct and licence. And al-

" though the treaty gave liberty to the subjects of either

" prince to traffic into the other's country, it was not, for

252 MEMORIALS ECCLESIASTICAL


BOOK "all that, meant hereby, that they should not be bound to

• " observe the laws or orders of the country whereunto they


Anno 1549." trafficked. For this liberty was only granted for the se-

" curity of their persons to go and come without impeach-

" ment, and made not men, for all that, lawless. And

" whereas further it was provided by our law, that in cer-

" tain things to be granted by the King, the same grant

" must pass under the great seal, if any of those things

" pass under any other seal, they be not of due force

" until they have also passed the great seal of England.

" Wherefore, added he, if the jeweller, either by negli-

" gence or covetousness, of himself, or those he put in

" trust, did not observe this order, but, for sparing a little

" cost, did presume to bring in his jewels before his licence

" came to the broad seal, methinks, neither he nor any

" other can have just cause to say, that he was wronged, if

" accordins: to our laws he were censured to lose the same.

" And yet after he was thus condemned," the ambassador

proceeded, " more to gratify the Emperor, than for that I

" took it to be reasonable, I myself was a suitor to my

" Lord Protector*'s Grace for some recompence to be made

" the jewellery's wife, whom we knew, and none other, to be

" party. For she followed the suit ; she presented the pe-

" titions; in her name were they made, and finally she,

" and none other, was by the Emperor's ambassador com-

*' mended unto us. D"* Arras said, he had seen the sentence,

" and did mislike nothing so much therein, as that the man

" was condemned, and named to have been present, at the

" time of his condemnation, when indeed he was dead a

" good while before. He was presentj^'^said the ambassador,

" in the person of his wife, who was his procurator, and re-

" presented himself."

1^2 And continuing his speech the more to clear this matter,

" He knew, he said, that those before whom this matter

" passed were men both learned and of good conscience, and

" such as would not have done herein any thing against

" right and order of the law. And finally, that the sen-

" tences given in our country by the justice and ministers

OF KING EDWARD VI. 253


there, were just and true. And that therefore they nei- CHAP.

ther could nor would revoke them for any man's plea- ^^^'


" sure, after they had once passed the higher courts, from Anno 1549.

" whence there was no further appellation, no more than

" they there would call back such final order, as had been

" in any case taken by their high court of Brabant.^'
And whereas the Emperor had declined comprehending The Empe-

Boloign into the treaty, the ambassador said, " That if the^^j. if ^q_

" same should happen to be taken from the King by force, loJg" were

" which he trusted it should not, the loss would be com-

" mon, and touch the Emperor almost as near as us. And

" therefore it was that he thought good, for the better

" surety thereof, to move this comprehension ; which was as

" necessary for the Emperor as it was for the King. And

" whereas, as he added, they stuck so much upon their ho-

" nours in breaking their treaties with the French, he re-

" membered, he said. Monsieur Gran vela, at his late being

" with him, did not let to say, that he had his sleeve full

" of quarrels against the French, whensoever the Emperor

" list to break with them. D' Arras replied, they had so in-

^' deed ; but the time was not yet come ; and that they

" must temporize their things in this case, as the rest of

" their affairs led them."'
With this faint answer Paget came home from his em- Paget gets

bassy, leaving Sir Philip Hoby behind, resident, as he was [n^^t^he^En".

before. But though he succeeded not, he got great reputa- per

tion in the Emperor'*s Court, and was spoken of very ho-

nourably, being gone. And Hoby wrote to the Protector,

that he was grateful generally to all that Court, a few

of England's back friends only excepted, who mistrusted

much, lest he had compassed somewhat to their disadvan-

tage. And the rather they were driven to conceive this

opinion, because his entertainment had been such, and so

respectful, as well with the Emperor as his Council. And

he was so generally commended and well reported of by all,

and the fame of his prudent handling himself so spread

abroad every where, as they could not but think, but that

of such toward likelihood some great effect must needs fol-

?ror s


Court.

254 MEMORIALS ECCLESIASTICAL


BOOK low. Hoby added, that should he not perhaps be suspected

of adulation, he might find sufficient matter to consume a


Anno 1549. long time in discoursing of his gravity and prudence, used

as well in setting forth and well handling his charge to-

wards the Emperor and his counsellors, as in his behaviour

generally towards all others. Whereby he had purchased

to himself love and credit with all men, and not a little for

the Kings's Majesty's honour and estimation in those parts.

TheEmpe- It must not be omitted, because reference will be made

cedes for ^^ ^^ hereafter, that upon Paget's last audience of the Em-

the Lady peror, the Emperor recommended the case of his cousin,

liberty of the Lady Mary ; praying the King that she might be fa-

her religion. Y^yj,gj^ and permitted to have her ancient manner of reli-

gion. Whereunto the ambassador considering he had no

commission to treat of that matter, answered, with the ad-

vice of Sir Philip Hoby, that he would make report of his

1 63 request unto his master and the Protector, and to the rest

of the Council, and doubted not but she should have that

favour that was convenient for her, being the King's sister

and the Emperor's cousin. Of which request and answer at

his coming home he made report accordingly.


CHAP. XX.


Matters ivith France. The Duke of Somersefs letter to

Sir Philip Hohy, ambassador with the Emperor ; shew-

ing France'' s dealings with England.
The English X HE auswer of the Emperor's commissioners mentioned

France. above was somewliat cold, and not according to the desire

and expectation of the English Court, though it were inter-

laced with plenty of good words : and as great plenty of

the like had the English ambassador requited them with.

The effect whereof (perceiving how little England was to

expect from the Emperor) was, that the King and his

Council did more seriously set themselves to make some

conclusion with the French. For at this time Dr. Wotton

was ambassador at that Court, being sent there to make


OF KING EDWARD VI. S55


complaints, and to aroue matters of difference between the CHAP.

Englisli and them ; and to know the reason of those great ^


preparations for war that were making there: when the^^^^^^^^-

commissioners appointed to treat with Wotton, were Mon-

sieur de Rochepot, Monsieur de Chastihon, and one Mon-

sieur de Mortier, one of the masters of the requests, all

three of the Council. At the naming of whom the con-

stable Montmorancy gave our ambassador very good words :

yet for that the two chief of these men were officers upon

their frontiers, fierce and haughty in their dispositions, and

named by them contrary to the request made on the Eng-

lish behalf, it was doubted much, what would ensue of

this meeting, notwithstanding all their fair words, of which

they gave plenty. And indeed it proved of little effect, as

we shall perceive presently.


Sir Philip Hoby was still at Brussels, to prosecute the Open hosti-

Enghsh affairs with the Emperor. And in the month of^^l^^^^^^

August, the King and Council brake into open hostility

with the French King, whose abuses and wrongs were in-

tolerable. And now without warning attacking England by

sea and land, himself appearing at the head of an army

against Boloign. To keep the Emperor fast, Hoby had in-

structions from England to acquaint him herewith, and

withal to shew him the whole state of our causes with

France. Therefore at large, thus did the Duke of Somer- .

set in the foresaid month inform the ambassador with these

matters: which I the rather set down, because it will so

elucidate the quarrel between England and France.
" After our hearty commendations : Albeit we think that l64

" the world, after so many examples, and so long experi- ^^^^^J^^^^"^

" ence, be in all places well acquainted with the French The Protec-

" practices and crafty proceedings ; who, having respect ^^^ oaiba,

" only to the satisfaction of their own insatiable ambition, B. 12.

" cease not, without respect to former leagues and confe-

" derations, yea, or without warnings, or any intimations,

" suddenly to declare hostility, and by that means to take

" by stealth the advantage of the time, and unlooked for,

'' to attempt all the displeasure they may against their


^56 MEMORIALS ECCLESIASTICAL


BOOK " neighbours and confederates: albeit, we say, this be well

^' " enough known to the world ; yet for that we be the

Anno 1549." last with wliom they have renewed this feat; knowing

" that they use to travail to colour with brags and fair

" words all their doing's, be they never so foul and dis-

" honourable : to the intent you may be truly informed of

" the occasion of these wars, which the French King hath

" now begun against the King's Majesty, we have thought

" o-ood to make some declaration unto you of the very

" troth of theirs and our dohigs, since the death of the

" King's Majesty, our late master.
" First, where for taking away of all occasions of strifes
" or contention for the limits of Bolognois, there were com-
" missioners appointed by our said late master and the
'^ late French King, to treat upon those and certain other
" differences, and to bring the same to some good appoint-
" ment ; the said differences being ahuost agreed upon, it
" pleased God to call our said late master to his mercy.
" After whose death new commissioners were made by the
" late French King and the King's Majesty, by the advice
" of us, the Lord Protector and the Council : by force of
" which commission all those differences were well and rea-
" sonably agreed upon : the treaties drawn, sealed, and de-
" livered by the commissioners on both sides, and imme-
" diately after died the late French King. The French
" King that now is, not only refused to stand to this treaty,
" but also seeking all occasions to encroach upon the King's
" Majesty's ground, would never (although it hath been
" many times required) assent to have any certain order
" taken for declaration of the limits. Upon occasion there-
" of, albeit the treaty of perpetual peace, made at the end
" of the last wars, doth to every man's judgment set forth
" the said limits plain enough ; yet the French men cavil-
" ling with words, and pretending now this, now that, have
" at one time claimed this piece of ground, and at an-
" other time another, being parcel of his Majesty's new
" conquests. And among all other, they have taken an
" old castle, called Fiennes, expressly within the King's

OF KING EDWARD VI. 257


" territories; and not only taken it, but fortified the same, CHAP.
" contrary to the express words of the treaty, both in claim- ^^'

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