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to be remitted hither, to be confirmed. Other answer we can

get none. So as al that hath been hitherto spoken by them,

that the K. H. should first marye, and such other devices,

as we may gather here, were set forth oonly for that intent,

that whatsoever they did, they wold not be noted of coun-

sail in the beginning of the matier, or to be privy to any spi-

cialty therof in the commencement. For which cause we are

the more earnest in pressing them to graunt the commission

after the first device, mentioning the specialties of the cause.

Which set apart and not required, we are sure to obteine

the second degree of our instructions in the most ample wise,

and vdth gret thanks to take it. Howbeit we do not yet re-

lent, but stik stil to have the commission after the first form;

grownding our self upon such reasons, as the Popes Ho. wel

perceyveth, and right wel alloweth. Nevertheles the case

being chaunged as it is synnes our departvu'e, by reason of

such publication therof, as themperor hath made in his an-

swer to the intimation. Wel considering how the process

might be after the best deduced and handelyd, without gyv-

ing themperor occasion, and his adherents to brute abrode,

slaundering the Kings matier, that without extraordinary re-

medies the K. H. could not attayne his purpose, we verily

think in our opinyon, that the commission obteyned after

the secound degree shal serve to very good purpose, to

ground the process upon, and to be that Avhich shalbe openly

exhibited and shewed : being also that which they wold

gladly geve us here, with promise to confirm the sentence

incontynently, svjrplcntes omnes defcctus tarn juris qiium

factl^ with al spede and expedition possible. Wherunto ac-

cording to our instructions we shal condescend oonly in such

G 4

88 APPENDIX OF

case, as we perceyve letts to be in obteining the first. Which

notwithstanding any words spoken unto iis by the Popes

Ho. we think we shal not obtein to be used and shewed

openly, as we require it.

Wherfore inasmoch as we perceyve the let of graunting

therof to be fear, which being so imminent and lately felt,

we be in dispair to take away, either by words of comfort,

or other like, as your Gr. can of your high wisdome considre

to be verisimile, according to such communication, as your

Gr. had unto us the Friday at night before our departing

in your chambre at Yorkes place. Pondering also that the

effect of the commission after the first form is onely, tct con-

stet dejudicio ecclesicB in those articles, for the discharge of

them, that shal procede therin, we have devised, that being

without hope of obteining the commission absolutely in the

60 first form, we shal desire the Popes Ho. to pas it secretly

to remayn with the K. H. for justification of his matier, in

eventiim, that the confirmation by some chaunce cannot be

obteyned, the same to be kept secret, and to be shewen to no

man, but only the Kingis counsailours ; and to geve us, as

is promised, a generall commission for a Legate, as our in-

structions purporteth. Which first commission to be kept

secret, yf we can obteyne, as we perceyve some likliwode we

shal ; the said commission in the first form, shewed to such

as have been of contrary opinion, shal, and must, satisfie

them, and be regula to them, that shal be judges, how to

procede ; seing rescriptum Pontificis determining the case.

And the second commission to be that whereupon the jurisdic-

tion shal be grawnted, to make process in that matier. The

said first commission obteyned in secret maner, having noon

other use, but to be seen ther privily, shalbe calculus et siif-

fragkim Pontificis in the law, and also jjignus sicce volunta-

tis, et aucthoritatis, that the sentence be geven conformablv

therunto, shal be confirmed.

In this device we digress not i'rom our instructions. For-

asmoch as it is not, ne shal be, set forth unto such tyme, as

by our instructions we shuld take the general commission,

being in dispaii- of the first and special commission. At

m

RKCORDS AND ORIGINALS. 89
\\ hich tyme if we can attayne the first to be kept privy for

the purpose before specified, and ex abundanti^ having so

nioch more to be used at your pleasure or refused, we think

we shal not offend the K. H. and your Grace.

The matiers being at this poynt, and so long tyme passed

synnes our arryval here, wc thought best hereupon to de-

pcch my Lord of Rochfords prcst, without tarying of any

other resolution, whether we slial obteign the commission

nftre this first form, or not. Which yf we can attayne, we

wil be most glad ; yf not, we shal see what we can do for

obteigning that to be kept secret : wherin we have summe

hope : and being in despair therof, shal, according to our

instructions, cumme to the second degree, to have the ge-

neral commission. Which we be sure of, and have promise

already made unto us, as we have bifore Avriten unto your

Gr. From day to day we have ever been in good hope to

have sent sum resolution of attayning the commission in the

first form, and have been in contynual disputations every

day; trusting to have had such answer as we desired.

AVherupon we difFerred the depechs of this post : doing also

e same to move and sterre the Popes Ho. with the more

pede to regard our cause facite, by not sending away our

post ; signifying unto him that we were nothing satified

with what we herde his Ho. say unto us, althow he pro-

mised us a commission general, agreable to the second de-

gree of our instructions.

The Prothonotary Gambara resortith unto us, and so-

hciteth the Kingis matier very effectually, aswel to the

Popes Ho. as also other. The Bishop Staphileus is not yet

come, but they said he wil be here within these two days.

The Popes Ho. is not yet resolved what Cardinal he mil

send, and wold, that he might send noon. Nevertheless

he saith, he wil appoint oon such as that be agreable to

the Kingis desire. The Cardinal Campegius is at Rome.

De cnjiis voluntatc non dubltntur. For the Popes Ho. said,

the said Cardinal wrote imto hym to geve faith to the

Kingis H. writings and reasons in this matier. It is onely

feared in hym, ne in itherc laborct podagra; ctii morbo

90 APPENDIX OF

61 mirum in modum ohnoxius est: after such sort as he is

gretly extenuate therwith, when it cummith. Of whom his

Ho. wil resolve hymself, we cannot yet tell. The certainte

wherof I, Edward Fox, shal bring with me with the said

commission.
As towching the sending of Legates to the princes, and

setting forth an abstynence, as your Gr. wrot unto us by

your lettres, we cann have noon other answer of the Popes

Ho. then we have now written unto your Gr. His Ho. is

cunctator maximus. Which qualitie hath contrary success

in his Ho. to that it had in Fahio Maximo ; qui rem Roma-

nam cunctando restituit. In the Kings cause his Ho. hath

taken very gret paines ; and we think at this houre seeth as

far in it, why and Avherfore the commission is desired in the

first form, as any other of his assistence ; and as we thinke

moch better. So as whatsoever his Ho. shal do therin, he

shal never allege sm-i-eptionerriy obreptionem^fucum or igno-

rantiam.
May it please your Gr. to signifie your pleasure by let-

ters to the Mayster of the Rolls, how and in what wise we,

Steven Gardyner, and Edward Fox, or either of us, re-

torning by Fraunce, shal use our self, in reparing to the

French court : and how we shal answer the French King,

in case he be desirous to know what spede is had here in

the Kingis matier.
We send unto your Gr. herein inclosed abstracts of such

letters, as hath been sent to the Popes Ho. by his nuncius

resident with Mouns. De Lautreke, contayning news of his

preceding in Naples. It is very certain, that the Spanyards

have refused batel, and conveyed thcmself out of ther camp

neerer unto Naples in the night, from the place where they

were encamped within haulf a mile of tharmy of Mouns.

De Lautreck. In hurtes doon and taken on eyther partie,

there is many tymes tydings repugnant ; and the Imperialls

in writing retayne ther courage, that they have lost in fight-

ing. It is also of certainte, which we think hath come to

your Gr. knowlege, that the citizens in Rome dayly sle

such Spanyards as they can have knowlege of: not oonly

IlECORDS AND ORIGINALS. 91

such as were soulgiers, but also such as before dwelt in

Rome, and in the direption lost ther substance. So as

nullus natlone Hispanus idla ex parte tutus veniret Ro-

niam: as other things occurritli here worthy advertisement,

we shal not faile to signify the same unto your Gr. praying

Almightie God long to preserve your Gr. in good helth

and prosperitie, with moch encrease of honour and felicitie.

From Orviet, the last day of March.
Postscripta, As we were finyshing these letters, I, Sir

Gregory, was sent for to the Popes Ho. Who, forasmoch

as he hath no better resolution from the Fr. King concern-

ing the restitution of Ravenna and Cervia, verily persuad-

ing hymself, that the Venecians, were not that they had

sum comfort of the Fr. King, wold not have differred con-

trary to ther promyse made to the K. H. and your Gr.,

the restitution of the said cities, so long as they have doon ;

thinking therfore that the letters sent from the K. H. and

your Gr. in that matier shal nothing prevaile ; saith, he is

in total desperation, and percey veth hymself deluded of al

l)arties. And synnes he cannot hope of remedy at ther

hands, that call themself frends, he shall be necessitate to

geve hymself to them that be noted enemies; and sooner to 62

sufTre ru'inam totius Italia, then his Ho. and the Church

uc ludibrlo exponi ab istis, meaning the Venecians, De qui-

bus tarn bene mer'itus est. The Popes Ho. thinketh not,

that any thing is doon by the Fr. King herin for any ill

mynd he berith to his Ho. Scd ex nhnio ajfectii in Vcne-

tos, more esteming them then is convenient. Who so litil

regarded so many promises, made by the oratours to the

K. H., the Fr. King, your Gr. and my Lady, in such a

matier, as without manyfest injury cannot be differred a

day. His Ho. is the more perplexed and troubled, for that

Ariminum delyvered unto hym by Mouns. De Lautreck, is

now taken again by hym, that had occupate it before, and

was put out by Mouns. De Lautreke. Which geveth cause

of suspition unto hym, and clerly discomforteth hym in his

mynd and opynyon. Whcrfore yf your Gr. by good ways

and means doo not with the Fr. King and Venecians so

92 APPENDIX OF

ordre his matier, as effect may ensue, his Ho. is so far fallen

in his own conceite, as it shal not ly in any mans power

here by his counsail to uphold hym, but that he shal preci-

pitate hymself into his enemies dedition, to the total ruine

of al Italie, and hindrance of the common affaires.

Number XXIV.

Dr. Gardiner, Dr. Fox, and Sir Gregory de Cassalis, the

King's Ambassadors, unto the Cardinall. From Orviet.

Foxii MSs. PLEASITH yt your Gr. to undrestand, that after de-

pech of my Lord of Rochfords prest, who departed hens

the first day of April, I, with Maister Fox and Sir Gre-

gory, repared that day to the Popes Ho. shewing unto the

same, how upon comfuilh of such words as his Ho, had

spoken unto us, and such good inclination, as we perceyved

in the same, to do al things that might be to the Kingis

good contentation and your Gr. we had depeched our

post with letters signifying his Ho. good mynd, and that

we loked for short expedition, to the satisfaction of the K.

H. and your Gr. The specialties wherof to be sent by

Mr. Fox, who, whatsoever answer shal be geven, must re-

torne shortely. Wherfore I desired his Ho. to resolve hym-

self without delay or difficultie, saying, that bis dat qui cito

dat: etaUud dare videtur, qui cito negat. His Ho. said, that

this matier consisted in the knowlege of the law, wherof he

is ignorant, and must nedys therfore depend upon the reso-

lution of them, which be lerned in that facultie, whom he

hath counsailed, and cannot as yet get any certain answer

of them, althow his Ho. hath, and contynually doth desire

them with spede to condescend to oon opinion, or other,

and to shew ther sentence in these articles, whether in ther

opinions the causes wherupon the matrimony shold be de-

clared nought, and the dispensation void, be sufficient in

the law, or not. Which doon he wold reject al stiles and

ceremonies, and wold do all things, not contrary to justice.

^3 I said, that as for the knowlege of the justnes of the

cause, I verily trusted his Ho. wold geve credence to the

RECORDS AND ORIGINALS. 9-S

Kingis bokes, and your Gr. relation of the opinion of lerned

men in those parties. His Ho. said, that the thing being

such as shold come in Judicium orhis^ he wold so do ; and

doubtith not, but that the K. H. and your Gr. se very good

matier and substantial, why the said matrimony shold be

dissolved. Never theles hereafter re deducta in or a omnium,

it shold be said, quod quanquam ut bonus vir serenissimo

Regi, de cujus conscientia non duhitat; and your Gr. rela-

tion, whom his Ho. knoweth wel wil not, for any respect,

aberrare a vero^Jidem habuerit: tamen non jit bonus pon-

t'lfex et judex commttnis, qui de alienis factis cognoscens,

non ipsos eosdem adhibere debeat consultores. He said, it

is both true, wherof he is both sory and ashamyd, and also

notory, that his Ho. hath no lerning in the law. Which,

when the commission cam in publicum, as it must nedys do,

by reason a copy therof shal be geven to the Queue, and so

consequently to themperor hands, shold argue hym either

manifestly temerarium, to the slaunder of the Church, do-

yng it without counsail of other, or else nimis crcdidum

Judicem, to be persuaded by the parties sayings only, with-

out hering any thing replied on the other side. And added

therunto, that they of the court here, being lerned men in

the law, whose counsails the Popes heretofore have most

commonly adhibite and followed, wold hereafter most sonnes

study to reprove and confute that which is, or shal be,

done: and thow the same were wel doon, to the passing

wherof hath not be required ther judgment and advise.

Wherfore yf he colde have the opinion of them here, he

wold make no further tract : saying, that of the truth of

the matier he was persuaded by the Kingis and your Gr.

relation.
And as towching; the publishing of the same after this

maner, and calling it truth aliis, with decree to be geven

therupon by his aucthoritie, as the commission purporteth,

he wold gladly do it, having any comfurth of these men so

to do. Who yf they say ther opinions therin, it shal ever-

more studye from hensfurth for the defence therof, and

justifie his doyng in this behaulf

94 APPENDIX OF

Hereunto I said, that it shuld be somewhat alien and

discrepant from thexpectation of the K. H. and your Gr.,

to undrestonde by our lettres this answer. Which confer-

red with such wordis, as have been spoken in divers com-

munications bifore, semeth evidently to declare these wayes

and means be to excogitate to colour the denyal of the

Kingis purpose. Which shal be diqjlict nomine ingr-atnm.

First, oh negatam tarn justam petitionem. Secondly, ob

moram et dilation em. Of which two may arise such suspi-

tion, as your Gr. wold be loth shuld enter into the Kingis

brest. And thus began to repete such words of comforte

as the Popes Ho. had spoken unto us at sondry tymes,

which we have reported unto your Gr. by our former let-

ters. And wher his Ho. ptutith so moch doubt of mens

sayings and judgments, having regard and respect what

mennys opinions shalbe of hym, for gevyng credence to the

parties, I said, that in a matier of truth, as this is, having

so evident and manyfest reasons for confirmation therof, al

such scruples were removed. And it shuld not be consi-

dered, who said it, but what was said, et veritatis luce pro~

Jerente sese, veluti ad solis conspectum nebulas, obscuras

istas calumnias eva.nescere. Wherfore inasmoch as the

64 Kings matier there is affirmed to be just, and that they

here only doubt, without determining the same to be un-

just ; with that also, that his Ho., as he pretested, geveth

privately credence to the Kingis reasons, and your Gr. re-

lation and judgment, it shalbe thought of yt self sufficient

matier and justifiable. So as his Ho. not so taking it, and

doing theraftre, no words to be spoken of his mouth so ern-

estly and effectually, as may be able to counterpeise his

dede; but that the same shal ad suspicionem minus sincera

mentis colligendam prceponderare. Desiring his Holines

therfore, that he wold have good respect therunto : and

prcEtervolantem occasionem sistere et retinere : maynteining

your labour and study in reteining the K. H. devotion to-

wards the see apostolique ; and not putting things in such

condition, as they shuld not be recoverable by no means

hereafter : saying, Now is the tyme, in which doyng that of

RECORDS AND ORIGINALS. 95

duty and justice he ought to do, his Ho. might adquire an

inestimable treasure of the Kingis good mynd for recovery

of tlie aucthorite of the see apostoHque, Avith mayntenance

of the same. His Ho. said, he wold do the best he could.

And forasmoch it was shewed him, that Bishop Staphileus

was within a dayes jorney, he wold tary his cummyng, and

hear what he wold say, and so without other resolution de-

parted for that tyme.

The same night arryved Staphileus. And on the morrow

we repared to his lodging, shewing unto hym al we had

done, and in what point the matier stode : declaring unto

him also, what our petition was, and in what forme the

commission was devysed, with commandment by instruc-

tions in no wise to digress from the same : desiring hym

finally according to the K. H. and your Gr. expectation, he

wold, as moch as he possibly might, set forth the same.

He said, first, that he was very sory, that he could not

cumme soner, as he desired : and now cummen he wold not

faile to do the best he could. Nevertheles where I said,

that the commission shold be directed to your Gr. alone, or

joyntly to you and another Legate, he said, that was not in

his instructions, but expressely the contrary ; referring

hymself not to his writing, but to words spoken, as he said,

by the K. H. at the More that evenyng he was there with

the K. H. and your Gr. At which tyme, as he said, the

K. H. said, that the Quene might and wold refuse your

Gr. And therfore it shuld be wel done your Gr. medled

not as judge in the matier. From this opinion we could

not bring hym a good while; tyl at the last he said, he

wolde conform hymself to our instructions. This was thef-

fect of our communication with hym for that tyme.
And because the said Staphileus is here, as the Fr.

Kings oratour, for declaration of such charge as he had, to

be shewed from the Fr. King, he repared to the Popes Ho.

twyes without us; advertising your Gr. that I, Sir Gre-

gory being with the Popes Ho. secretly in the evening next

following, his Ho. shewed sub secreto, al that the said Sta-

phileus had said unto him concerning the Kings matier :

96 APPENDIX OF

which was in effect, that lie thought the cause good. And

the Popes Ho. mervayling de forma commissionis, the said

Staphile shuld answer, that he was never privy therunto,

but was only instructed, that a general commission shuld

be geven to a Legat to be sent hens: and that the K. H.

wold your Gr. shuld not be judge, by reason the Quene

6*5 might refuse your Gr. as suspect. When Staphileus had

spoken with the Popes Ho. he thence repared unto us, and

shewed us how moch he had moved the Popes Ho. in our

matier, and that we shuld by his means have schort expe-

dition, with such like words : nevertheles rownding us in

the ear, he said, it was not to be stikked at for obteining of

the commission decretal: inasmoch as by a general com-

mission the King might have his purpose, the sentence to

be geven there schortely, and so afterward to be confirmed

here : saying, that by his dexteritie he wold in such wise

handel the matier, as the Pope at his sute shold schortly

graunt therunto. We dissembling knowlege of any thing

by hym spoken to the Popes Ho. said, we had without

hym obteined graunt of such commission, with secret pro-

mise of confirmation : and had ordered the matier in such

sort, as it was on their part offered us; and we by them

desired to take it. Howbeit forasmoch as by our instruc-

tions we might not accept it, we therfore do stil persist in

requiring the first : wherin we desired his help and further-

ance. He said, he wold do the best he could.

The Friday before Palmes Sonday, the Popes Ho. ap-

poynted solennem consessum of the Cardinals De Monte

and Sanctorum Quatuor, Staphilevis, and the Dean of the

Rote, to dispute and reason upon the Kings matier. Al

which tyme we convened in the Popes litill chambre, being

then present at the same disputation an auditor of the Rote

called Paulus, and the Prothonotary Gambara. After

every man was placed, the Bishop Staphileus had a long

oration, conteyning his whole boke, and the reasons of the

same. Which lasted two houres. When he had spoken

the Cardinal Sanctorum Quatuor began, and somewhat con-

traried Staphileus : repeting summarily what he had said,