Search York

matier privatum aliquem affectum ; and that she was with

child, and of no such qualities as shuld be worthie that Ma-

jestie. Albeit the contrary herof, so testified and declared

by my Lords Grace, was of such waight and importavmce

in the Popes brest and opinion, that afterwards his Ho.

leaned to justice, and shewed hymself mervelous prone and

glad to satisfie his requests so far as equite wold support

and defend the same,

^g Sith he asked me what consultation was made by us with

the lerned men of that Court. Wherunto I answered, men-

tioning the disputations ct dkdurnos congressus, which we

had solemply before the Pope, and privatly in Mr. Gregory

his howse. Wherin I ceased not to declare your lerning and

vehemencie used : and also Mr. Gregory his diligence and

aucthoritie. De quibns malo aliorum prcedicatione constet

RECORDS AND ORIGINALS. 117

tibi, quam meis verbis. Certe dc mihi visus est affectus

Rex erga te, id sperem Jhre, quum nos omnes amid tui

Jelicissime collocatam hanc operam tuam gloriabimur . Fy-

nally, his H. demaunded of me what provision was made for

recusation and appellation ? I answered, There was inserted

in the commission words, wherby the same was taken away

so far as the law wold suff're, and might be expressed by

words ; as these, Omni appellatione et recusatione irmotis,

€t citra omnem jicrsoncB autjurisdictionisgradum. Which

words declaring unto hym, he semed somewhat to be sa-

tisfied : albeit he said in that matier he wold my Lords Gr.

judgement: and so commaunded me to go to his Gr. that

night, and to shew hym the premisses.
Before I could come to Duresme Place, wheras my Lords

Gr. lieth now, (the hal of York Place, with other edifices

there, being now in building, my Lords Gr. intending most

sumptuously and gorgeously to repaire and furnish the

same,) it was past ten of the clock at night. And although

my Lords Gr. was then in his bed, yet understonding of

my cummyng, it pleased his Gr. to admitt me unto his pre-

sence. To whom declaring as bifore, and therto more spe-

cially how moch difficulty we found there in the passing of

the commission obteined : and how that by no wayes we

could impetrate the Decretall, his Gr. semed mervellously

perplexed, thinking this commission to be of no better value

then that was sent by Gambara. And after moch commu-

nication, he commaunded me to depart for that night, and

to leave behind me the said commission, with the Popes

and your lettres, and your rationes justificatorias commis-

sionis expeditce. Which after his Gr. had red in the morn-

ing, and his high wysdom well considered, and ponderyd

the same; caUing unto hym the Monday at afternone

Maistcr Doctour Bell, and me to rede the same before hym>

and in the presence of my Lord of Rochford, his Gr. opinion

was moch confirmed, and was utterly persuaded, astipulan-

tibiis ctiam illis, the said commission to be such as could be

noon better excogitated or devised ; and that the decretal

commission was not to be shewed in publicum : and that ther

i3

118 APPENDIX OF
might have been recusatio and appellation as wel yf process

had been made by it, as by this, with many other reasons,

which he of his innate and excellent wysdome most quickly

invented, to the justification of your doing in this matier;

with moch prayse and lawd geving unto you for the same.
And so departing for that night, his Gr. appoynted the

morrow to have had Dr. Wohnan and Dr. Benet with other,

to consult with them upon the said commission : command-

ing me to go on the morow unto the K. H. and reaport his

Gr. said opinion in the premisses: and furthermore, what

new expedition his Gr. proposed to make unto you, to the

hole and perfit consummation of the Kingis desires. Which

by me declared unto his H. and hieghly approving the

same, he remitted me again unto my Lord his Gr. that

night. At which my commyng, his Gr. had not spoken with

'J^ the said Doctours, his Gr. being so occupied and deteined

al that day in commen matters of the realm, with other of

the Kinges Counsail, that he could not attend therunto.

Nevertheles on the morow, being Weddensday at afternone,

they al assembled before hym. And fynally, as it was rea-

ported afterward unto me, being then absent, and by my

Lords commaundment sent that morning to Grenewich, they

al agreed to my Lords former opinion, eche man for his

part extolling your wysdom, dexterity, and right excellent

good conducting of this cawse.

Albeit after my retorning from Grenewich, that afternoon

my Lords Gr. calling Mr. Peter and me, and instructing of

such form of answer as his Gr. entended to make to the

Popes lettres, and other, his Gr. also commaunded me to

write imto you, under this tenor : although the K. H. and

his Gr. also, considering your approved wysdom and know-

lege in the lawes, and therto great paynes and labours used

and susteigned by you in the impetration of the said com-

mission and dispensation ; with that the same hath proceded

from the Popes Ho. and other his assessors there, purely,

sincerely, without corruption or affection, other thenne to

justice : and the same is here thought of al men to be so

vailable and sufficient, as can be required, accept and take

RECORDS AND ORIGINALS. 119

the said commission and dispensation so thankfully, and

themself so satisfied with the same, that they repute and

think themself not only singularly obstringed and bound to

the Popes Ho. and the same of no gret urgent necessitie to

be amplius urgenda et soUcitanda, for any more ample

commission, or farther validation therof ; Scd etiam passim

ac palam deprccdicent admirenturque vlrtutes tuas, nee ces-

sant in hanc voeem prorumpere, O ! non cestimafulum thc-

saurum, margaritamque regni nostri ; to the comfurth

and rejoice of us your pore frends here.

Yet my Lords Gr. as of hymself, by his hiegh wysdom,

perpending and pondering the exonei-ation of his own con-

science ; and sith the consent, and concord, opinion and sen-

tence of other the Prelates here : and fynally, the chaunces

of mortalite, and such other as may of likelyhod fortune in

this cause, to the total ruine and svibversion of the same ;

Avilleth and desireth you eftsones to solicite and move the

Popes Ho. and to experiment with the same, al kindys of

persuasions you possibly by your wysdom and rhetorick can

devyse and excogitate, to graunt the commission decretal in

most secret fashion and maner, to be sent hither unto his

Gr. for these cawses. First, his Gr. considereth, how this

decree and sentence ones geven by the Popes Ho. etjudicio

ecclesim, might and ought to be unto his conscience amussis

et iwrma, not onely to direct, instruct, and form the same,

how to procede in this matier, especially in defining and de-

termining the law upon those poyntes, whose justice is not

yet so manifest, but by tergiversation of the adversary may

peradventure be eftsones called into controversie : but also

might be alwayes unto hym a sure and inexpugnable de-

fence agaynst al detractours, and such as hereafter ma-

liciously shold attempt the violation of the said sentence and

decree. To whom it might alwayes be answered, his Gr.

judgment was agreable and conform to that was gyven by

the Church, and that his Gr. hath not varied from that was

promulgated and enacted by aucthoritie of the same. An-

other cause is, for that having such commission decretal, his

Gr. doubteth not, but by mean therof, he shal facily induce

1 i

120 APPENDIX OF

80 al other, which ye know to be of thadversaries part here,

to be of oon conformitie in sentence, and to concuiT with his

Gr. in the same opinion, judgment and decree. Which yf

his Gr. might attayne, hke as he thinketh the same shuld

inestimably conduce, not only to the justification, but also to

the honorable and perpetual establishing of the said cawse :

his Gr. having alwayes wherewith he may Justissime ob-

iiritere ora calummant'mm^ et teniere dissentientium : so

without the said commission decretal his Gr. fearith he can

by no other means persuade them, ut in eandem sententiam

cansjny-cnt, they being tarn pert'maciter addictis illi senten-

tice tiiendcB quam semel suscepermit.

Farthermore, my Lords Gr. advertising and noting va7-ios

humancB vitce casus, quihus vita mortalium mtdtis nomini-

bus obnoxia est, thinketh to enter first, Pelagus illudjudi-

ciorum, openly to ventilate and examyn the same cawse, to

labour and endeavour by al means possible to bring it to

perfit determination, end and conclusion : and yet al those

his doings, to hang upon sola voluntate Pontificis, scil. si

vein confirmare. Whose voluntas may be injinitis modis

letted, yea and prors^is alienated from that towardnes and

benevolence, which he is of now towards the Kingis Hiegh-

nes, he could not subterfugere notam summcE temeritatis, et

nihil allud quam frustra nitendo odium qticerere videretur :

hke as of your wysdom ye have oft tymes hertofore con-

sidered and waied the premisses, and also openly declared

the same there unto the Popes Ho. so habundantly, and

with such energie, ut ego tarn multis non aliud videar fa-

cere, quam sus Minervam, et bene memorem temere monere.

Fynally, it is specially to be noted and regarded, and the

same by your good dexteritie to be persuaded unto the

Popes Ho. how moch it might conduce to the weal and re-

stauration of that see, my Lords Gr. to be of such auctho-

ritie, favor, credit, and estimation with the K. H. and so by

stedfast and indissoluble amite colligate unto the same;

that whatsoever his Gr. shuld advyse, exhorte and counsail,

his H. shuld be by the same facily condescended unto the

good accomplishmenl therof. And by what means may that

RECORDS AND ORIGINALS. 121

be so perfectly attained, the K. H. being so desirous of good

succes in this his cawse, as and yf the Popes Ho. of his

paterne goodnes and benignitie, shuld now only at the con-

templation of my Lords Gr. and upon the singular confi-

dence which he hath collocate in his hiegh wysdom, con-

science and devotion toward that see, graunt this com-

mission decretal, to the perfect and consummate end and

decision of the said cawse ?

Wherfore and in consideration of the premisses, his Gr.

willeth and desireth you, that sith his Gr. intendeth never

to make process by vertue therof, ne that it shal at any

tyme be published, or shewed to any person in the world :

wherby may arise any the lest slaunder, oblique dammage

or prejudice to the see apostolique, or to the Popes person,

with that also his Gr. entendeth nothing but by shewing

therof to the K. H. to acquire such authorite and favour of

the same, as might turn to the singular avauncement, in-

estimable benefite, and perpetual wealth of that see. Of

which thing his Gr. willith also you make faith and pro-

mise in animavi suam, under most sacred oth and obtesta-

tion unto his Holynes: ye by your accostomed dexterite

and wysdom yet eftsones move the Popes Ho. to pass the

said decretall : using, for obteigning therof, al goodly and

dulce w^ayes you can devyse, without concitating hym by

any scharp words of discomfort. And in case after iii or 8 1

iiii congresses ye see no liklihode, but rather be in ful

dispair, to relent and cesse your suit, without any farther

molesting in that behaulf : and so retorne home with dili-

gence, leaving that sute to be prosecuted by Mr. Gregorie,

and other the Kings agents and frends there.

These things by you thus proponed and set forth, and

taking such effect as can be obteined there, his Gr. farther-

more desireth you, that forasmoch as Xhe juris consulti here

nihil aliudfere habeant in ore, but, The Quene may recuse,

The Quene may appeal, ye wold therfore make a consulta-

tion with the best lerned men in that Court, whether she

may doo so, or no. And in case she do either of them,

thannc of what effect, vaUie or strength it is, and how moch

12a APPENDIX OF

it may let the process in the cawse. And whether that not-

Avithstonding, the Legates may precede : and fynally, what

remedy is to be used in remission of the appeal, and con-

firmation of the sentence per superior em judicem. And

whether the appeal hanging, the parties may redire ad nova

"vota before confirmation, or any other like scruple, and doubt,

which you know, may aryse in this matier. And the sen-

tence of the said lerned men, to bring home with you sub-

scribed and signed with their hands.
His Gr. also, discussing, and right wel approving ratwnes

Ulas just'ificat07-ias commissionis expeditcB, by you there de-

vysed, and sent hither by me : which also you shal receyve

agayn here enclosed, n^ forte illarum exemplar perierit tihi,

desiretli you to cause the same to be red and examined by

the said lerned men : they to add and augment the same by

reasons and auctoritie : and so by them approved and sub^

scribed as afore, to bring them in like maner with you.

These my Lords Gr. requests and pleasures, although by his

own letters directed unto you thei be more amply declared,

and in far better termes touched, yet sith his commaunde-

ment was I shuld commit the same to writing, and by my

rude letters advertise you therof, al Thursday following I

attended the penning hereof, being for lack of cunnyng and

experience in such kind of stile very paynful unto me.
The Friday following, Mr. Tuke then having perfected

my said Lords Gr. expedition unto you, it pleased his Gr.

to cal me to here the reding therof: and so after long com-

munication had, his Gr. willed me to exhibite unto hym the

minute of this my letter. Which doon, his Gr. commaunded

me to go unto the K. H. toreaport the effect of the said

expeditions, and also to bring unto hym the copy of the

Popes lettres to be writen of his own hand. Which his H.

receaving and remitting me again to my Lords Gr. semed

to desire nothing so moch as the said expedition to be wel

set forth by you, and your retorning with al celeritie.
The Saturday following, my Lord calling Mr. Bell and

me cftsones to his presence, after moch consultation and de-

liberation had concerning the said expedition, commaunded

RECORDS AND ORIGINALS. 123

me to desire you by my lettres in his Gr. name, over and

besides the premisses, to make consultation there with Sta-

phile and such other, as your wysdom shal think good, for

their lerning and discretion, this matier to be communicated

unto. First, in case the Quenys Grace omitting al such

benefit and privilege, which she might pretend to have by

the dispensation of Julius, and refusing to entre the dispu-

tation of the validite of the same, like as his Gr. is perfectly

enformed, by some of her Counsail, that she wil do, and re-

curring only to this allegation, Qiiod nonjiiit cognita ab 82

Arthiiro: whether than, and in case the said allegation

shold prove true, the said bul be not prorsus invalidate, by

reason there is no mention made in the same de publica ho-

nestate. For sith the bul dispensith only ciim affinitate

ctijusmodi, yf her allegation shuld be true, mdla intercessit

inter contrahentes, and being necessary the same to be dis-

pensed with, argueth the matrimony to be illegitimate in his

Gr. opynion. Wherin his Gr. wold gladly be resolved by

your and other lerned mennys judgments there, to be by

you enquired ; and certificate therof to be made to his Gr.

as before.
Moreover, wheras the words of the commission be such,

ut primum pronuncietur et declaretur valklitas aut inva-

liditas hidlce : de'mde, ut decernatur matrimonium illegiti-

mum, aut contra: postrevib, ut feratur sententia divortii:

his Gr. is in no lytil doubt, the lerned men here not wel

dissolving the same, whether his Gr. ought by ordre of the

law not to vary a prcescr'ipto commissionis : and so to geve

thre several sentence in these three casys, or els zma sen-

tentia de mdlitate matrimonii: by which tacitefertur sen-

tentia de invaliditate dispensationis, et altera de divortio :

his Gr. may wel satisfie his commission : and for so doyng

no fawte or error may be arrected unto hym. In dissolving

and explaining these doubts, although his Gr. knowing your

approved wysdom and lerning, willeth and intendith to ad-

here and follow your judgment and opinion so moch as any

other mans elswhere, according to his especial trust and con-

fidence in you ; yet to thintent yoiu- sayings might have

124 APPENDIX OF

gretter authoritie and vehemencie with other men, and that

somewhat peradventure might be added also by them to the

confirmation therof ; his Gr. is moch desirous and hertely

praieth ye wil adhibite some lerned men in consilium in the

premisses, to here their phantasies and opinions in the same.

So that ye may come home j)Ienis6i7ne et perf'ectissime in-

struchis, to discuss and make plaine all things, which in this

matier shal have any visage of doubt or ambiguite.

And specially, above al things, forsomoch as his Gr. in-

tendeth in this cawse of so hiegh conseqvience, wherin de-

pendeth the wealth or ruine of this realm, the conservation

of his honour, or els immortal ignomynie and slaunder, the

damnation of his soule, or els everlasting merit, to procede

according to due ordre of jvistice, and to ground and firme

his conscience upon so perfect and infallible rule of equite,

that before God he may accompte hymself discharged, ne

to have doon any thing reclamante conscieiitia : and having,

among other, in his Gr. own opinion, oon specially just and

stedfast base and fvmdation to ground right wysly his con-

science thervipon, viz. Quod Rex ipse nescierit proisus de

impetratione btdlce: wherof he is ascertayned not only by

the Kingis relation, but also by my Lord of Winchestre :

his Gr. willith and desirith you, ye wil under most secret

maner, et tacitis nominibiis, ne videatur, viz. duhitare de

justitia causcB, quam toties dcprfEdicavif, enquire of Anco-

nitane, or els some other of like lerning, whether the said

ground be so justifiable, and of such sort as his Gr. might

wel build his conscience upon, without grudge or scruple

hereafter.
Thinking here to have fynished these my letters ; and the

Sonday following going to Grenewich with my Lords Gr.

who than fully purposed there, and that same day, to have

83 depeched thens imto you with al such expeditions as his Gr.

here sendeth unto you by Mr. Barloo ; after the same was

redd and declared by my Lords Gr. vmto the K. H. being

therat present Maister Tuke, Maister Wolman, Maister

Bell, and I ; there was by the said Maister Wolman oon

other doubt and scruple found and objected, wherof the

RECORDS AND ORIGINALS. 125

King and my Lords Gr. tliought it very necessarie to ad-

vertise you, to thintent you shal communicate the same with

such practitioners and wel lerned men, as ye shal find

there : and by the deUberate advyse and counsail of them,

know the perfect resohition and verite therof. The doubt

was thus, that forsomoch as by vertue of the said commission,

containing both officium nobile and also mercinarmm, the

said Legates may, in cognitione super vaUditate et invalkU-

tate ctcjuscunque bullce producendce aut exhibendce, use and

precede ex officio 7iobili : and ifi pronuntiando et declaran-

do rnatrimon'mm nullum, they must nedys use mercinario,

and cannot gevc sentence, nisi ab altera parte petatur. And

moreover, wheras unto this part is added, Prout animo con-

scienticeque vestrce juris ratio persuaserit, it may wel be

thought and doubted, whether by addition of this last clause,

the other particles, viz. omni appellatione et recusatione re-

inota^ and also citra omnem persona aut jurisdictionis gra~

dum, be restrained; and lose such vigor and strength, as

the words importeth, and might be moch better defended to

have, yf the said clause had not been added therunto. The

cause of doubtance is this. For sith Juris ratio commaund-

eth and willeth that omnis recusatio et omnis item appellatio

justa audienda sit et admittenda : and they in preceding

ad dissolutionem matrimonii must nedys do as Juris ratio

persuaserit y it semeth plainly, that although in the first

process, ex officio nobili, al recusation and appellation be

taken away by the said clauses, yet in this second process

and cognition, the said clauses be restrained and altered by

thaddition of this article, y?

by reason therof, the Quenys Grace may alwayes recuse

and appell at her good pleasure and libertie, from whatso-

ever decree or sentence, either interlocutorie, or definitive,

she wil : and so protract and deferre the decision of this

matier ; and fynally frustrate the Kingis expectation, to the

utter and extreme peril of al those, that have intromedled

them in this cawse : unles by your wysdom, wherin is our

grete hope and trust, ye can so mayntayne and conduce

these cawses, that both the justnes of the Kingis cawse, and

126 APPENDIX OF

also al delayes or tracts of the tynie, which may be lawfully

used by thadversarie in the process of this cause, be openly

and playnly declared and made manifest to the K. H.

by your sentence, confirmed ^nth the opynyons and judg-

ments of other lerned men there.
Wherin you may boldly write and say according to yoiu-

lerning, the Kingis Grace being of so perfit mynd and inch-

nation to do nothing in this mater contrary to the accustomed

maner and just process of the law : being also fully per-