Search York

sired us so to do, and to omyt and forget such altercations

as had chanced. Fynally, his Ho. desired us to say and

write to the K. H. and your Gr. that rebus stantibus ut

nunc sunty the sending of this commission is a declaration

agaynst themperor, and that he commitith hymself to your

protection.

As yet the Popes Ho. hath not required the Kinges polli-

citation : and I do not offre it, abyding answer from your

Gr. to such letti-es, as we wrot from Paris to your Gr. con-

cerning the same ; and tyl I shal undrestond, how this com-

mission contentith your Gr. being in my judgement as good

as can be devised. And althow it be not in al poyutes so

RECORDS AND ORIGINALS. 107

open as I wold have had it, and did conceyve the same, yet

in effect it hath al can be desired, except the clauses of con-

Jirmation and revocation. Which of what moment they be

I have written my opynyon to your Gr., and noted, iri

margme of the commissions by them graunted, and asked

by us, the considerations of every clause and word material.

Here is no Cardinal, besides Campegius, mete in al cjua-

lities oblre hanc legatio7icm, but that age or sum other cir-

cumstance, expressed particularly by the lettres of me. Sir

Gregory, to your Gr. licrtofore, [are impediments.] Wher-

fore he fay ling, there is no hope of any other. And to know

his mynd, I Steven Gardyner repare now to Rome.

The commissions in omnem eventum be directed unto

your Gr. and the said Campegius, to your Gr. alone ad-

Jnncto, &c. Which commissions althow they be not written

in so fresh hand as they by our mynd shuld have ; yet they 7 2

be to be taken in good part, being here so few writers ; and

noon that can skil, but one, who hath written these com-

missions and dispensations twyes, and at the last skaped with

sine aliqua mcnda in notabili loco.

As towching the sending of letters to the Queue, inasmoch

as the commission decretal doth not pass, the same letters

cannot conteyne al specialtie of the mater. But in our judg-

ment the Popes Ho. hath devysed a good way, to send a

Frier with a breve of credence, and so to shew her what he

thinkith. Wherin I besech your Gr. I may schortly know

your pleasure, and also for deliverance of the Kingis pollici-

tation, with your Gr. mynd also, whether we shal now geve

any rewards to them that have taken payncs, as Symonetta

and other, the commission passed in this form ; with know-

lege of your Gr. pleasure also for my retorn, in case Cardi-

nal Campegius cannot by reason of disease shortly cummc.

We have moved the Popes Ho. as towching the canoniza-

tion of K. Henry the Vlth. Who answerith, that he is very

wel content to make schort process therin ; but the matiers

nuist be examyned here, requyring a noinbre of Cardinalls

thcrat, with other ceremonies : which cannot be doon there.

Wherfore yf my Lord of Cantiubury and my Lord of Win-

108 APPENDIX OF

Chester, who have examyned the matier in partibus, do send

the proees hither, as ther commission requyred, the sentence

of canonization shal shortly pass here. As concerning par-

don to be graunted to Wyndesore colleage we can do no-

thing, abiding certainte from your Gr. of the name of that

college, and how it is incorporate, ne quid in ea re erretur.

I spake to the Popes Ho. in genere for the matiers of

your Gr. colleage : saying, that writing to your Gr. I wold

nedys speke somewhat therof. His Ho. bad me write, that

al things shold pass, which I could resonably desyre. Al

other specialties Mr. Fox shal declare them unto your

Grace. For which cause I omitt to write, being by reason

of crying, speking, chafing and writing, ill distempered:

trust that your Gr. wil have consideration therof, and accept

this rude letter in good part, writen by night, and both mi-

nute of letters with my own hand : praying Almighty God

long to preserve your good Grace. At Orviet, the Monday

in Ester weke.

Number XXV.

Dr. Gardiner and Sir Gregory de Cassalis, Ambassadors
with the Pope, to Cardinal Wolsey.
Foxii MSS. PLEASITH it your Gr. to understond, that the Popes
Ho. understanding, that the Emperor hath, in answer to the
Kingis intimation, made mention of the Kingis matier, taking
the same to stomack and herte, sayth, that by graunting this
commission, denyal of inhibitions, which shal be requyred
with the confirmation of the sentence, which must be passed
by hym, he thynkith verily, that themperor shal take yt
73 more dyspleasantly, thenne yf his Ho. had declared hymsclf
specially : considering the General being advertised of our
sute hereof, hath freshly made sute to the contrary. By
reason wherof hi^ Ho. findeth hymself in a mervelous per-
plexitie and confusion among them of the liege, putting his
only hope in the K. H. and your Gr. in quorum verbo laxat
rete. For the Venecians, Florentynes, and the Duke of Fer-
rare, convenerunt in iinum, as it is said, novofocderc inito.

IIECORDS AND OKIGINALS. 109

et super vcstem siiam miserunt sortcm. The Fr. King dif-

ferreth either to doo, or promyse any thing : and his Ho.

advertised out of Frauncc, how the Fr. K. nothing effectu-

ally spekith in his just cause, is in total desperation of at-

tayning any thing at his hand, onles it be at the instant re-

(][uest of the K. H. and your Gr. persuasions and reasons :

for his Ho. sayth, he knoweth wel, that yf the Fr. K. liad

ernestly ment, that the Venecians shold restore the cities of

Ravenna and Servia, and had in such sort pressed the Ve-

necians so to do, the said cities had been restored long or

this tyme : like as certain of the seignory of Venice have

signyfyed to his Ho., advertiseing hym, that the grete

Maister had taken the conducting of that matier with the

Fr. K. thinking hym to be only the let, that other ruso-

lution is not taken in the Fr. Court.
The Popes Ho. wylled us also to advertise your Gr. that

the Fr. K. dayly callith upon hym to declare hymself. On

thoder side Mounsr. De Lautrek sendeth hym word, that yf

his Ho. do not declare hymself, he wil take hym as enemy.

Amonges al which requests nothing certain is proponed

unto hym, upon what conditions he shold declare hymself;

but wold, that sub spiritu char'itatis oon their partie his Ho.

defrauded of his cities, he shold entre the same lege, quasi

pactis servatis, the same cities neither restored indede, nor

promyse made of their restitution. His Ho. thinketh, that

of good equyte, yf they think he ought, as a confederate of

the leyge, declare hymself, they shold at the lest offre hym

promyse and make hym sure, to have that is his own, when

he hath so doon. But therof he can hear no word ; ne any

thing is towelled, wherunto his Ho. shuld trust : saying,

that in this confusion thingis shal procede, unles your Gr.

after your accustomed dexteritie, enterprise the direction

therof with the Fr. K. and his Counsail : appoynting by

capitulation what the Popes Ho. shal do, and what the same

shal trust unto therfore. For where it "is dayly requyred,

that upon declaration made, his Ho. shuld procede to the

deprivation of themperor, as wel of his empire, as also the

realm of Naples, his Ho. thinketh, that ista non sunt prte-

110 APPENDIX OF

cipitanda, but maxima providentia translgenda, as wel in

modo rei as also in re.

First, In modo rei, his Ho. is of opinion, that process

made of deprivation after hostihtie declared shuld not have

tantum porideris, as yf the same were doon by hym, inter-

ponino- hymself as mediatorem pads ; and upon that ground

fynding themperor obstinate to make process of deprivation.

Which shold be justifiable in the law. Wheras ehejacta

declaratione ex liga, al his process might be impugned,

qitasi ab Imste f actus : wherin he wil be advised by your

Grace.
Seconde, In re et ipso imperio et regno Neapolitano.

What shal be doon with them, Ccesare privato. For if his

Ho. should privaj-e Ccesarem ; and the Fr. K. have in mynde,

for recovery of his children, to help themperor to them

again, either belli nullus esset Jinis, or else his IIo. must

desultoria levitate privare et restituere, at the pleasure of

74 the Fr. K. Wherof shuld ensue maximum odium ecclesicB ;

et ejus postea aucthoritas in ea re vilipenderetur. Appareret

enim non ob Justitiam factum sed gratiam. And in case

the Fr. K. determine to make noon offre of them, yet it were

to be foreseen bifore sentence of deprivation, who were most

meet to be chosen; and that thing concluded, both the

Princes to solicite the same, and the Popes Ho. to concurre

therin, ut electio talis procuretur : lest there fal such an

other error, as was in the election : wherin the Popes Ho.

thinkith, that he shal have at his devotion foure of the elect-

ors. Like deliberation is to be had also for the realm of

Naples: and that the person, to whom the said realm of

Naples shalbe gyven, be first agreed upon by both Princes.

Which things by your Gr. grete wysdom foreseen, maturely

digested, and by certain capitulation agreed, and conde-

scended unto by both Princes, there shal be a ground, wher-

upon to work in so grete a matier : or else that failing, vide-

bitur similis homini, qui cedijicavit supra harenum.

The matiers, althow they be of great importance, yet as

hitherto soli lenitati nituntur, et gravitatem consiliorum

vestrorum abesse intelligit. For yf tlie Fr. K. wold have

RECORDS AND ORIGINALS. Ill

thempei'or depryved, it agreeth not with that request, to let

the going- of the Bishop of Piscoye, who as yet can get no

saulf conduit.
His Ho. saieth, that by letters dated the xxx. day of the

last month, sent from the Cardinal Salviatis, resident in the

French Court is advertised of the commyng of the Vice-

counte De Turena towards his Ho. from the Court : having

in commission but only verba bona, such as were geven unto

the Prothonotary Gambara: and how that the Fr. K. hath

sent oon to Veneyse for the Popes matier, without any

special request to be made unto them, but only in general

termes. Which the Venecians, onles they have the same

effectual words spoken, or writen unto them from the Fr.

K. which they have from the K. H. it is to be thought no

effect shal ensue. And the matiers of Italy, being in such

case as they be, and Mounsr. De Lautrek so prospering, the

Popes Ho. tliinketh, that the Fr. K. might, without fear,

s})eke roundely to the Venecians, which they wold moch re-

gard. The said Cardinal said also in his letters, that my

Lord of Bath shewed hym, that he had nothing to speke in

the Popes matiers for Ravenna and Cervia, untyl such tyme,

as answer were cumme of the Kingis letters, sent to Veneise :

wherunto as yet no answer is made, althow the same were

delyvered xii. dayes past. And by such letters as I, Sir

Gregory, have receyved thens, it is to be juged and thought

it shal be contrary to the Popes purpose. The Popes Ho.

desyred us to wryte the premisses to your Gr., saying, that

for ordering them as your Gr. shal think good for his com-

fort and relief, ad vestram prudentiam confug'it, tanquam

ad sac ram aram.
It hath been writen to the Prothonotary Gambara, that

Mounsr. Moret, at his being in England, shold have said

unto the K. H. and your Gr. how the said Prothonotary at

his being with the Fr. K. shold have moch pressed hym for

Modena and Regium. Which forasmoch as your Gr. re-

quyred hym to the contrary, he wold be loth shold be per-

suaded unto your Grace : and specially considering the same

is not trew. The said Prothonotary desired to write unto

lis APPENDIX OF

your Gr. therof, and to notifie unto the same, that after oon

denyal made by the Fr. K. converso ad alia sermone, he

spake no more therof.

75 Furthermore, forasmoch as the Popes Ho. is desirous to

have a Nuncio resident Avith the K. H. the same to be such

a personage, and of such quahties as might be grate and

accepted of his IMajestie, and your Gr. his Ho. deslreth the

same to signifie your Gr. opinion and mynd in that behaulf :

so as according tlierunto he may provide oon accordingly.
This day the Popes Ho. shewed us letters, sent unto the

same from Jeane, the copie wherof we send unto your Gr.

herewith : willing us to write, that his Ho. thinkith the

newes from thens to be of such importance, as onles good

order be taken, it is to be feared, lest the Fr. K. shal lose

both the devotion of that city, and also such sommes of

mony as they have ofFred, and by good dexteritie might

have been induced to pay. Wherof I, Sir Gregory, wrote

unto your Gr. by my former letters. Wherfore the Popes

Ho. thinkith, that yf your Gr. take paines in componing

that matier, it shal moch help the common cawse : wheras

ells nova mutatio ill'ms status contra sententlam Regis Gal-

lormn, might gretely encourage thenemies, like as your Gr.

of your wysdome can considre. Thus having noon other

matier of importance to write besides the newes of Naples,

which Master Fox shal shew your Gr. by mouth, I shal

desist from farther molesting your Gr. with my rude writ-

ing : praying Almighty God to preserve your Grace.

Number XXVI.

Dr. Fox to Dr. Gardiner ; giving Mm a relation of his re-

ception at Courts upon his return Ji-om his embassy.

MAYSTER Doctour, in my most hartie maner I com-

mend me unto you : advertising the same, that the xxviith

day of April, I wrote two lettres unto you : the oon from

Paris, ascertayning you of myn arryval, and other occur-

rents there : the other in the felds upon my horse back iiii.

niyles from Clermonte; signyfying unto you, how that en-

RECORDS AND ORIGINALS. 113

countring Mr. Silvester Darius in the same place: who

thenne was sent from the K. H. and my Lords Gr. Am-

bassador into Spayne, I had recey ved of the same my Lords

Gr. most honorable letters, directed to you, Mr. Gregory,

and to me. And unfolding the same according to ther pur-

port, I had eftsones closed, sealed and sent them to my L.

of Bath, to be conveyed unto your hands with al diligence,

as my trust is they be long ere this tyme. After which my

letters sent unto you, I contynued stil my jornay, and came

to Calais the xxviii. day of April : wher abyding passage un-

tyl the second day of May, entred shipp, and arryved that

night at Sandwich about xi of the clock. The day following,

being Sonday, I made al diligence possible towards Grene-

wich, where the King lay, trusting there to have found my

Lords Gr. with the K. H. Which undoubtedly I had doon,

yf I had founde no less gratitude in the Maior of Cantur-

bury, and the BaylyfFes of Rochestre, and Gravesend, then

we did in the territory of Florence : albeit his Gr. was de-

parted thens two howres bifore my comming thider, being

then fyve of the clock at night. At which my repaire the

K. H. being advertised of the same, conmianded me to go 76

unto Maisteres Annes chamber. Who at that tyme, for

that my Lady Princess, and divers others of the Queues

maydens, were sick of the smal pocks, lay in the gallery in

the Tiltyard.
And so admitted unto her presence, after declaration made

unto the same in generaltie, first, of such expeditions as

were obteigned ; and sith of your singular fidelitie, diligence

and dexteritie, used not onely in the impetration therof, but

also in hastening the commyng of the Legate, with your

most hartie and humble conmiendations : which she most

thankfully receyved, and seamed to take the same most mer-

vailously to harte, rejoice and comfort: oft tymes in com-

munication calling me, Mayster Stevens, with promise of

large recompence for your good acquytal in the premiss :

The Kingis Grace came into the same chambre : after

whose entre she departed. And the K. H. calling me apart,

first welcomed me homo: sith conmiaunded, quam po-iscni
VOL. T. PAKT II. 1

114 APPENDIX OF

brevissime, to shew hym what was doon in his cause. To

which, after dehvery of the Popes lettres, which his High-

nes cawsed me to rede, and conteyned nothing but credence :

as also of your lettres, which he secretly red to hymself ;

and also the letters of Bishop Staphile, which he red not ;

I answered, that wheras his Highnes had gyven us in coni-

maundment, bifore our departing out of England, to obteign

a dispensation and a commission, according to such tenor

and form, as was here devised, we had, following his said

commaundment, and my Lords Gr. instructions, preter-

mitted nothing, which might in any wise conduce to the fur-

therance therof. And how that first concerning the dispen-

sation, we proponyng unto the Popes Ho. the nature of the

said dispensation, how that it touched no poynt, ne perteined

ad jus tertii, being also of such sort, that yf his Ho. wold

graunt unto al princes christned the like therof, it might

be to the grete quietnes of Christendom : many void and

frivolous titles, and occasions of debates and variaunces,

wont heretofore to be moved upon such ground, as in the

said dispensation were taken away by such relaxation, and

grace of the see apostolique clerly abolished : his Ho. very

promply and facily had condescended unto the graunting

therof: and that his Ho. had passed the same without alter-

ation of any sentence or word, and sent the same by me

unto his Highnes, desyring the same thankfully to accept it,

like as the same did procede from the good assured hart,

and benevolent mynd of his Ho. alwayes dedicated and

consecrated, to do al that may be to the good satisfaction of

his Majesty.
Furthermore, wheras we had made three degrees and

kinds of commission, eche to be obteined in default of tho-

ther, although we had so instant and importune sute for the

obteining of the first, called the decretal, as we possibly might,

yet forsomoch as after long debating and consultation had

upon the same with the Popes Ho. the Cardinals and other

lerned men there, we could neither induce them by no per-

suasion, ne dulce, ne poynante, openly to confes or affirme,

that the cause by us alleged, imployed so manifest justnes.

RECORDS AND ORIGINALS. 115

that the Popes Ho. might of right wysness geve out his

decree without hering thodre partie, and make a commen

lawe to be observed of all the world upon such a fact, con-

teming so doubtful justnes and equite : neither in our opin-

ions and judgments, we could perceave the said decretal

commission to be of such nature, that any process might 7/

honorably be made by vertue therof, ne that it could ever

come in liicem, without a great slaunder to the cawse ; but

that It shuld rather ministre to the adversarie such cawses

calumniandi et tergiversandi, as might mervelously impeche

the schort expedition of the same : ne that had any other

use, strength or vertue, but one; which was in case the

Popes Ho. by death, or captivitie prevented, wold not, or

did not, confirme the sentence geven by delegates, that then

It might serve ad confirmationem : ye in consideration therof

had devysed another degree, and fashion of commission,

conteyning al poynts of the said decretal, save two; viz.

sententiam Pontijicis dejiirc, with promyse of confirmation,

and no revocation. Which commission, being, not only in

our judgments, but also in the Popes, the Cardinals, and al

other the lerned men there, of such sufficiencie, honorable

sort, accustomed justnes and uprightnes, as nothing could

be devised or requyred to be added therunto ; and might

stand either with the honor of the see apostolique, or his

Majestic, and the final determination of his cawse, his Ho.

had passed also right gladly, and had sent the same unto

his IMajestie, desyring hym with no less gratitude to accept

it, then it had proceded from his Holines.

And as concerning the two poynts omitted, I shewed his

H. although they were not expressed in the commission, yet

his Ho. was right wel contented, and moch propence to sa-

tisfie his Ma. therin to the uttermost of his power; and as

he might do with justice and equite, under this maner :

that is to say, his Ho. wold make unto his H. so faithful

and assured promyse under his seal, as might be requyred,

that the sentence ones gyven bi the delegates, he wold most

gladly, without respect or delay, confirme the same, and by

116 APPENDIX OF

the same also promyse never to revoke, ne geve inhibition

to the contrary of the same commission.

All which thingis his H. semed to take mervelously thank-

fully ; and made mervellous demonstrations of joy and glad-

nes, calling in Maisteres Anne, and cawsing me to repete

the same thing agayn before her. And so inferred many

questions. First what towardnes and benevolence I per-

ceaved the Popes Ho. to be of towards his Majesty. Which

I ceased not verbis extollei-e : rehersing how honorably his

Ho. enterteyned us, admytting us into his presence, and

ge\ang audience, whensoever we requyred the same. And

what paynes his Ho. toke in hering and examining his

cawse ; what words he spake unto us in extolling his benefits

towards that see : how moch his Ho. pondered the imminent

daungers to this realm, in case the Kingis purpose might

not take effect : of what opinion his Ho. privatly was in the

justnes of this cause: and so toke occasion to shew his H.

how these opynyons were ingenerated and persuaded to the

Popes Ho. by relation of my Lords Grace : and that with-

out his letters we shold have obteined nothing there. For

that the Popes Ho. shewed us, it was reaported unto hym

long bifore our cummyng, the Kingis Grace followed in this