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RECORDS AND ORIGINALS. 97

and inferring such reasons, as semed to make the contrary.

Wherunto Staphileus answered. Etiam incaliierat d'lsputa-

tio. After they had reasoned a good whyle, I desyred of the

Popes Ho. I might be herd to say somewhat to such rea-

sons as tlie Card. Sanctorum Quatuor had spoken. Which

were very frivolous, and semed to be qucesita studio, ne de-

esset quod contrndiceretur. His Ho. willed me to speke :

and so I did reply to the Card. Sanctorum Quatuor. Who

then remitted his reasons to the Dean of the Rote, from

whom he had them. And so the Dean of the Rote and I

examined certain of those reasons, and tryed of what

strength they were so playnly, as the Popes Ho. wel per-

ceyved it, and how they weyed.
And forasmoch as after long altercation I perceyved,

that they had no substantial reasons; yet, saying, they

doubted, wold not cedere ; but when they were brought to

a stay, evermore for a solution desired us to be content

with a commission in a general forme, and after sentence

gyven the same to be confirmed here. I, hah'ita prcefa-

tione, desired the Popes Ho. the Cardynalls and thoder

lerned men there, to note and pondre such words as I shold

say of duty and observance towards the see apostolique ;

necessarily to be considered, and regarded for conservation

of the aucthoritie of the same : which were these. That in-

asmoch as now the Kingis matier hath ben by them herde

and debated, to know the justice of the same, onles there be

another resolution taken then I perceyve they intend to

make, hereupon shal be gathered a mervelous opinion of

your Ho. this college, and the aucthoritie of this see. For

the Kingis H. and nobles of that realm, who shal be made

privey hereunto, shal nedys think, that either Sanctitas ve-QQ

stra, hii reverendtssimi Domini et doct'issimi viri certum in

hac causa rcspondcre aut noJunty ant non ])ossunt. Si no-

lunt, inquient, nee dignantur erranti monstrari viani, etc-

Jus curam a Deo commissam habent ; atque adeo tanta

principi, tarn bene merito: denique quod ultro et gratis Ja-

cere debeant, nonjhciunt, tot benejiciis provocati. 01 simul

et ingratissimiim hominum genus, et muneris sui negli^
VOL. 1. PART II. II

98 APPENDIX OF

gentissimum. Imo, qui s'lmpUces esse deheant sicnt cohim-

h(E^ apertoque pectore, pleni omni dolo et versutia et dissi-

mulatione. Verbis omnia pollicentur, reipsa nihil prcEstant.

Itaque siquid ista moveant animos vestros, iterum atqtie

iterum petimus^ effiagitaimisque, ut si causa serenissimi

Regis iwstrijusta vohis videahir, et bonajiat, quod pollici-

tum est nobis, ut talis judicetur. Sin mala videatur et ini-

qua, excite quantum potestis, ut ne is princeps, quem tan-

tum patronum conjitemini, in ea re versetur diictius, aut

longius progrediatur. In qua ex animi vestri Judicio aut

honor aut animcB salus periclitetur. Nolite deesse ei vestris

consiliis ; qui vobis semjjer adfuit turn consilio, turn ope,

turn auctoritate. Neque enim postulamus aliud a vobis

quam Justitiam, quam ita amplexatur et colit serenissimus

Rex noster, ut quicquid sinistre suspicentur alii, illam

omnino sive pro matrimonio, sive contra matrimonium,

steterit, id qtiod et vobis et orbi testatissimum vult sua Ma~

jestas, animo lubentissimo sit sequuturus. Quod si regia

Majestas, et nobiles alii de voluntate vestra persuasi, an

certum respondere possitis dubitabunt, quod necesse est Ja-

ciant, quum aut nolle vos, aut non posse sit certissimum,

animos sane durior subibit de hac sede cogitatio ; clavem

viz. scienticB abstulisse Detim, atque adeo explosa hactenus

quorundam sententia incipiet non dispUcere, digna esse qua

mandentur Jlam,mis, Pontijicia jura, qucR ipsi etiam Ponti-

fici et suis sunt incertissima. Tristissimum quidem et du-

rissimum est id opinari aliquos, 7ion posse vos nodum hujus

causscB explicare, quetn ex rationibus serenissimi Regis cer-

nitis dissolutum. Gravius vero illud est, si cum potestis,

non vultis, quum sententia vestra, qiicecunque sit, modo

certa sit,Javorem ejus principis promereatur, qui jam olim

de vobis, quod non diffitemini, summa quceque et plusquam

omnia, promeritiis sit.
Tliese were my words, to thintent I might cause them

openly to assent to us, and extorquere illam simulatam hcR-

sitationem, et affectatam dubitationem, having, no good co-

lour of maintenance. Nevertheles we afterward perceyved

such appoyntment was taken, that they shold alwayes

RECORDS AND ORIGINALS. 99

doubt : so, as to my words thus spoken no man answered.

But as is accustomed amongst frends, to move them to an

indifferent way by compromise ; so they desired us to take

a mean way, and to be content with a general commission.

AVhen I perceyved they sung ever that song, and could by

no means be brought from it, I said unto the Popes Ho.

playnely, that by this covert dealing, and motions made to

the general commission, I could perceyve no other thing

ment, but that every man wold hereafter pretend ignorance

in the matier, and Avoid kepe themself at libertie to resolve

ther doubt for his parte hereafter, that shal have the better

hand. Et si Ccesar vicerit, then they might with their

honesties lean to hym. Howbeit I desired his Ho. to pon-

dre wel this matier. For albeit bifore the cause was in al

circumstances disclosed and openyd unto them, such pre-

tence wold have had some liklihood, yet now al the matier

declared and ventilate, and ther sentence in Jianc aut illam
partem required, they persuading us to take a general com- 6/

mission, with promise that the sentence to be geven contra

viatrimoniiim, shalbe confirmed ; Quod verbis vel nolunt,

vel noil audent, vel quacimqiie ratione non Jaciant, reipsa

Jatentur, viz. causam videri ipsis honam et justam, aut se
JamcB sucB prodigos, propriceque salutis immemores osten-

dunt, lit causcc quam putant malam^ in Judicio tentando

velint esse autores.
These words were patiently herd of al parties, but no-

thing answered to them directly. And so the day being

then spent, the Popes Ho. did arise. Unto whom we said

secretly, that his Ho. might wel considre, to what part

justice enclined : and that these men can shew no matier

substantial, to impugne, that the Kingis H. had writen.

His Ho. said, that he was not lerned, and to say truth,

Albeit it were a saying in the law, that Pontifcx hahet omnia.

jura in scrinio pectoris, yet God never gave unto hym the

key to open ilhid sc7-inium. Howbeit his Ho. said, he wold

after our departure know the o])inions of the Cardinals and

Auditours to what poynte we shuld rest. And so his Ho.

did : and shewed unto me. Sir Gregory, afterward, that

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100 APPENDIX OF
they wold advyse hym in no wyse to graunte the commis-

sion after the first forme.

On tlie morrow we retorned unto the Popes Ho. and

spake roundly unto hym, as our instructions purporteth :

and to that poynt, the Kingis H. wold do it without hym.

His Ho. said, he wold it were doon; and to the other

words, nothing but sighed and Avyped his yees, saying, that

in a mater, in qua vertitur Jus tertii, he could do nothing

without the counsail of them, and wyshed that yt were in

his power to geve the K. H. somewhat depending oonly of

his own particular hurt or dammage, without touching any

other mans right, with such like words, nothing sounding

to the furtherance: but found our self in utter desperation.

Wherfore we saw no remedy but to reasort to the second

degree. Which was afterward set forth by me, Sir Gregory.

Who, as it was agreed, speking famylyarly with the Popes

Ho. said, as of my self, that I wold know of my collegues,

whether they wil be content to take a general commission,

soo his Ho. pass in secret maner the decretal commission ;

the same not to come in ptiblictim, but in case your Ho. do

not confirme the sentence ; and ells to be kept secret. Wher-

unto his Ho. answered, that yt were wel doon to move us

of y t : and he hymself wold in the mean tyme considre

that matier.

Upon Palme Sonday we went again to the Popes Ho. and

had communication of these commissions : and as concern-

ing the passing of the commission decretal in secret maner,

his Ho. said he had resolved himself Iioc dilemmate : si

Juste Jieri potest, debet Jieri jniblice, si non posset fieri Juste,

dedecore maximo foret, et interim agitaret conscientiamy

J'edsse secrete. To that I said. Quia Justuni est, ideo de-

beret Jieri piiblice ; sed quia metus Cccsaris facit, ne fiat

publice, fiat sine mctu secrete. Which if his Ho. wold do,

we have some hope that your Gr. by your dexterite shal so

liandle that, as the same shal be taken in good part of the

K. H. and do as good stede for entcrteining his Gr. benevo-

lent and good mynd towards this see, as though the said

(M)nnnission were passed to be shewed publice. Hereunto

RECORDS AND ORIGINALS. 101

we could get no answer : but so departed. Assuring your

Gr. that the Popes Ho. althowe he perceyveth better and

sooner al that is spoken, than any other, yet to geve an an-

swer, ye or na, nunqiiam vidi tarn tardum.

The same night after we were departed from the Pope, (jg

we sent for Simonetta Dean of the Rote, hke as we did

sondry tymcs bifore : forasmocli as he had no lodging, where

we might repare unto hym : and when he came imto us,

first we gave hym thanks for his labours, taken in this ma-

tier, and said. Albeit they were not so fruytful as we loked

for, yet men pay pro cultura agri, etiam si segetem non

ferat. And so shuld the K. H. for his labours and paines.

Upon which words and such like, we entered communica-

tion of the Kingis matier. And brevely, to shew unto your

Gr. theffect of that conference. Forasmoch as heretofore

the same Simonetta at sondry tymes had moch extolled the

Kingis goodness and benefits towards this see, and that

therfore he accompted hymself obliged to do al he possibly

might for the K. H. we desyred hym, that setting apart

personam constdtoris induendo personam boni amici, qui

causam amici ducit suam, he wold shew us his opynyon in

the Kingis matier : saying, that synnes we were at a poynt,

not to styck any further in the first commission, he neded

not to fear, but might speke libcre his mynd and opyn-

yon.
Plereunto he made answer, that the fact which is alledg-

ed, with the circumstance proved there, the cawses were in

his opynyon gret and just. We said, we wold signyfy his

opynyon to the K. H. and your Gr. And although that

part is had there pro comperto, yet his opynyon shold wcl

confirme that persuasion: saying, we had no other matier

unto hym, but to know his mynde afore, and geve hym

thanks. Then we famyliarly asked hym. Why he did not

say soo to the Popes Ho. ? Hereunto he could geve no di-

rect answer; but said, it was better to kepe the common

course, thenne to have such a commission, as we desyred.

And so put off communication of that matier. These words

the said Symonetta had with Master Fox and me, Steven

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102 APPENDIX OF
Gardyner ; and afterwards before me, Sir Gregory, and us

togetlier, affirmed the same.

Thus he departing from us, I, Steven Gardyner, entend-

ed to the devising of a general commission for a Legate, with

such clauses as be conteyned in our instructions, as your Gr.

shal perceave by the minute which Master Fox bring-eth

with him, with annotations in the margin, conteyning the

considerations of every clause. Hitherto in our first letters,

and these, we have in our wrytings doon as they do, qui

dum comedunt.presentem cibi saporem. probant, quern in con-

coctione molesta improhare coguntur. Hactenus verba opti-

ma et dulcissinia, and specially for grauntingthe general com-

mission, which in execution when it cummyth to the poynt,

we fynd effectu amara. Hertofore yt was said unto us the

connnission shuld be of our devising, now w hen we liad made

yt, omnes inierunt consilium, ut caperent, sermone et verbis

optimis struant calumnias, et sincerissimo sens^i scripta

pervertant: as I shal brevely note, and Mr. Fox can more

amply shew unto your Gr.
First, we shewed the commyssion by us devised to Simo-

nett, as the Popes Ho. appoynted us to do. For in these

cawses his Ho. wold of hymself do nothing, for any thing

we could do. Simonett, when he had red the commission,

he sayd, he thought the matier was good, saving in the

latter end. But he said, it was nimis facunda et ornata.

We said, that salvd reruni substantia., we regarded not the

words. The next day we went to the Cardynal Sanctorum

Quatuor, who, by relation of the said Simonett, had hard of

69 our commission and the tenor therof. And therefore shewing

us what he undrestode of our commission by Simonett, an-

swering, as he had herd it red, that it could not be graunt-

ed ; and said, that the syck man shewing his disease to the

physician, doth not hymself proportion the medycyne, but

takith it after the physicians discretion. Hereunto I said,

that the sicknes and the physician be many tymes of such

qualities, as the sick mans advice may moch help the phy-

sician : specially when the sick man knoweth his own dis-

ease, and hath any lerning or knowlege in physick. Which

RECORDS AND ORIGINALS. 103

concurr in this case : the disease also being of such sort as

the same is curable many ways : and so red unto hym the

commission by us devised. The Card. Sanctorum Quatuor

saying, that the beginnyng pleased hym not, retorned to

read unto us that he had sent by Mr. Secretary, and after a

lytil alteration upon both commissions said, that yt was or-

deryd by the Popes Ho. that we shuld go to the Card. De

Monte. And so we did, assembhng there for that purpose

the Cardynal Sanctorum Quatuor, Simonett, and Gambara.

Where eftsones we red the commission : which doon, with-

out any disputation, they desired us to depart : saying, that

they wold apart consult upon certain articles, and not alter

very many thyngs, but do so as we shuld have cause to be

contented. We desyred them to determyne ther pleasures

schortly: for Mr. Fox must nedes depart, and Ester ap-

proached, et dies ceremoniales, when nothing could be ex-

pedite. They said, they wold send for us agayn that night.

Al that afternoon and the next day, tyl yt was night, we

could not by any means possible know what they had doon :

and so went now to the Pope, from the Pope to them : and

fynally sent for Symonett, and desyred hym to shew what

was doon. He said, that he was sworn he shold shew no-

thing.
Upon Tuysday after Palme Sonday about two howres

bifore night, we went to the Popes Ho. who then shewed a

minute of a commission by them reformed and subscribed

with their hands. Wherin when we saw the additions, de-

tractions and corrections, I began to lay to the Popes charge

his promise made concerning this commission, and shewed

what doubbleness might be noted in this dealing : and that

his Ho. having mynde to delude and delay us, had chosen

these men as instruments, with as sore words as we could

devise. Saying, that first, his Ho. protested he wold re-

gard no stile, so justice wold bear the cause. And now we

passed disputation of justice, we fynd the same difficultie in

the stile. His Ho. said, he must nedys use other mennys

counsails; and such other words. Howbeit fynally con-

descended to this poynt, that yf Simonett wold say, the

H 4

104 APPENDIX OF
minute after our devysing was nothing contrary to justice,

we sliuld have yt : and his Ho. wold fulfil his promyse in

the stile. Hereupon Simonetta was sent for, but he wold

nothing answer directly, or resolutely, absentibus Cardina-

Ubu.s et ilUs inconsiiltis ; and it was then two howres within

night. There Ave fel in reasoning with Simonett, and in-

calescente dispiitatione trusting by importunitie to have ob-

teyned our purpose, taryed with the Popes Ho. five houres

Avithin night. Which after counting of the clock there, was

oon of the clock after midnight. At which tyme we departed

with noon other resolution, but that the day following bifore

dyncr we shuld have a certain answer, wherunto to rest.

70 That day following, which was Wednesday, two howres

bifore dyner tyme, and byfore the Popes PIo. had herd his

Mass, we repared to his presence ; bringing with us bokes

of the law for justifying such places of our commission, as

they had noted, and added somewhat unto them, pertineiis

ad suggillationem, turn honoris futurorum jud\cum^ turn

etiam Jidei nostrcB, being at that tyme with the Popes Ho.

the Cardynalls De Monte and Sanctorum Quatuor, and also

Simonetta. And so entred a new disputation. In which, libra

Jitdice, it was shewed unto the Popes Ho. qua; calumnia-

bantur et quce, optime posita, sine ratione corrigebant. At

last they began amice to loke upon, and rede with us the com-

mission, and to correct it by consent : saving in certain points,

as more playnly apperith in the corrections : and so departed

from the Popes Ho. for that tyme, beying then two of the

clock at afternone, with promyse that agaynst night we shuld

have the minute clerly fynyshed to our good contentment.
The same evening we reparyd again to the Popes Holy-

nes. And then fynding our minute altred from that was

agreed on before, beganne a new disputation with Simonett,

the Cardinals being absent. And at the last we differed but

in two words in the whole commission ; as the sign universal,

omnem to be added to posteritatem ; and the word ?iolente,

to the clause nolente aut impedito : herunto Simonetta wold

nothing answer without thadvyse of the Cardinalls. Wher-

fore the night being then far past, the Popes Ho. willed hym

RECORDS AND ORIGINALS. 105

and Gambara to go to the Cardinalls howses, to ask them

their opinions upon these words: and so they did. Tlie

Cardinals sent word, that they were making collation, and

on the morrow wold loke their bokes therin.

Here began a new tragedy. We complayned that we

were deluded and skorned, and told the Popes Ho. This is

not the way to enterteyn the favour of Prynces, et v'lnum

conspurcat hrfusa aqua. Hereupon I declared evidently

and manifestly unto his Ho. that these men have nothing

doon in correcting the commission, of lerning, but only of

ignoraunce and suspicion, jyutantes suh omni verbo latere

scorpionem: far discrepant to their former words unto us.

Howbelt we take al this as doon by his Ho. commandment,

qui oculos hahet, et non videt. And yf his Ho. be not in

this matier ohnoxius delicto, yet as the law sayeth, qui opera

titatur talinm hominum, he is obnoxivs ex quasi delicto ;

and must bere the blame of ther doyngs. And hcrupon I

began, as in the Kinges name and your Gr. expostulare cum

Gambara, to procure this contumely, and to put the K. H.

and your Gr. by good words in comfort to send orators,

and when they be here, first, to go about inebriare bonis

verbis, et dtdcibus sirenicm vocibus incantare. Seconde,

Conari circumveiiire per suos ; meanyng that they had

moved Staphileus to be content with a generall commission.

Thirdly, As men make hawks to the fist, prctendere pugno

carnem, et inhiantes et sequentes semper ludificare.

Gambara for his defence said, that he spake no words of

rjmforth to the K. H. ne your Gr. but such as he had in

commission to say. I then, converso sermone ad Papam,

sayd, that his Ho. handelyd the K. H. as thowe he had

been the most ingrate man, and of mean sort, that could be

mynding in his requests [to have so little regard] a to re- » The sense

quyte the same. The Popes Ho. sayd nothing, but sighed [v'hatim"er-

and wyped his eyes : and therupon Staphileus turning hym- feet, unless

self to us said, that lie toke yt as Goddes wyll, that we s„ch s^unp!y

shidd come after hym, or ells the difficultie hereof shuld"^^^"'"''''*

not have been beleved. I sayd, I thought it Goddijs wil'

indede, to thintent relation made by us of what condition

106 APPENDIX OF

men be here towards them, qui optima prmneruerunt, the

favour of that Pry nee, who now only favorith them, shold

be withdrawn, and taken away : i/t incl'inaia jam sedes

apostoUca tota corrueret, commwii consensu atque applausu

omnium. At tJiese words the Popes Ho. casting his armes

abrode, bad us put in the words we varyed for : and ther-

with walked up and down the chamber : casting now and

then his armes abrode, we standing in a great silence. And

within a whyle his Ho., compositis affectibus, said unto us,

that he was very sory he could not satisfie the K. H. desire

of hymself, without the counsail of other. I answered, that

I was as sory to see his Ho. had not so moch confidence in

the K, H. and your Gr. as was supposed he had had. Thus

we departed for that time, being an howre past midnight.

The divers tempests passed over, as Mr. Fox can more

particularly shew unto your Gr. after the commissions were

writen and sealed, we reasorted eftsones to the Popes Ho.

and being with hym the foresaid Cardinals, al things were

convened and spoken after a frendly and loving maner on

ther part, with rehersal of the Kingis benefits and your Gr.

merits, and how glad they wold be this matier were brought

to conclusion after the Kingis desire. We alwayes answered,

we thought this commission shuld not satisfie the K. H. and

your Gr. Nevertheles we being infima membra ecclesicB

wold, salvajide, make such relation, and temper it so, as

might further the acceptation of this commission. They de-