276

parliament." This is dated the 6th of October; and so careful was that lord to merit the continuance of the queen's confidence, that, on the 14th of October, he wrote to the gentlemen of the county to reserve their voices for the person whom he should name: he also wrote to the town of Yarmouth for a burgess. But now to open more particularly the great matter that was to be transacted in this parliament.

When the news of the change of government in England, and of the queen's intentions, were brought to Rome, it was not possible to deliberate long who was the properest person to be sent legate. Pole had so many meritorious characters on him, that, besides the signification of the queen's desire, no other person could be thought on. the bull, upon which he was sent from Rome. A. Harmer has given the 5th of August, 1553, though the queen came not to LonIt is dated don till the 3d of August; and Comendone, who carried her message to the pope, was in London on the 23d: for he saw the duke of Northumberland's execution." that at Rome, upon King Edward's death, they took it for granted, both that her right would take place, and that she would reconcile her kingdom again to that see; and therefore the bull was prepared. Pole had at that time retired three hundred miles from Rome, to an abbey upon the lake, now called de Garda: in his absence he was declared legate; upon which he wrote a letter to the queen on the 13th of August, which I have put in the Collection (No. xv).

It seems

He begins expressing his joy at her exaltation, more particularly at the manner of it; which he reckons a singular work of an immediate providence; in which, as indeed the subject seemed to allow, he enlarges very copiously. And since she carried the name of the blessed Virgin, he calls on her to say the Magnificat, applying it to the late providences of God towards herself. He desires her to consider what was the beginning of all the miseries that England had felt; it was the king her father's departing from the apostolic see, and the catholic church. He was a witness to all the steps made in that matter: he had upon all occasions asserted both her mother's marriage, and her own right: and had done and suffered much on that account. He was therefore now most particularly concerned to know what her mind was with relation to religion; and though he was then three hundred miles from Rome, he was named legate, to be sent to her, to the emperor, and to the French king; therefore he sent one to her to know her mind. He did not doubt of it; for no person owed more to the apostolic see than she did, since it was upon her account that so

much outrage had been done to it. So, before he would proceed in his legatine function, he desired to know her pleasure more particularly.'

66

Upon this she wrote an answer on the 10th of October, which is also in the Collection (No: xvi). She thanked him for all the kind expressions in his letter; and in particular for the good advice he gave her. She was full of reverence and obedience to the holy see; but it was a great trouble to her, that she could not yet declare her mind openly in that matter. As soon as it was safe for her to do it, she would let him know it. His messenger would tell him all particulars. She was then crowned. She hoped the parliament would repeal all the bad laws: and that she should obtain the pope's pardon for all her own faults. She sends by him her most humble thanks to the pope for his clemency to her, and for his readiness to forget all that is past." With this she sent back Ormanet to him. The bull that the pope sent to Pole is all a rhetorical panegyric upon the queen's coming to the crown, and on her pious intentions. But bulls being often in a common form, it is not in it but in the breves that we are to seek the powers, or instructions, given to Pole. There was a part of Cardinal Pole's register conveyed to me about a year after my second volume was printed: a short account of the most remarkable things in it was then printed, in a letter directed to me. The characters of the truth of the papers are visible: some of them are in Latin, and some in Italian and because I look on this as a matter of great consequence, I will give a very particular account of them.

The first paper, which will be found in the Collection (No. xvii) is the breve, that was at first sent him of the pope's own motion; and bears date the 8th of March, 1554. By it," Pole is empowered to receive all heretics of both sexes and of all ranks, even bishops and archbishops, communities as well as single persons, of what heresies soever guilty, though relapsed in them, upon their true and unfeigned repentance; and to absolve them from all pains and censures, how long soever they had continued in their errors, and though their sins were reserved immediately to the holy see. And he was empowered to pardon all irregularities run into by them, and all the bigamies of ecclesiastical persons; they first relinquishing their wives: notwithstanding which, they might be continued in their orders and functions, and might be capable of all ecclesiastical promotions: all infamy being pardoned, provided they, with a contrite heart, should sacramentally confess their sins to any catholic priest, at their choice, and submit to such penance as he VOL. III, PARt I.

2 B

should enjoin: excusing them from all public confession, abjuration, or open penance. Absolving all communities from any unlawful pactions, in favour of others, though confirmed by oaths. Empowering him to receive all regulars, and to absolve them from the censures of apostacy; allowing them to possess benefices as seculars. Dispensing with the strict observation of Lent, as to milk, meats, and eggs; and even flesh, upon the allowance of either the confessor, or the physician. Giving him authority to suffer such of the clergy, under the degree of a bishop, who were married, upon their true conversion, to live in that state, so that no scandals were given by it: only they were not to minister at the altar, nor to do any ecclesiastical function; but they might lawfully continue in the married state, the issue being declared lawful. To this is added, a power of uniting of benefices."

Next comes the clause concerning the possessors of ecclesiastical goods. "He is empowered to agree, transact, and discharge them, for all the profits they had wickedly received, and for the moveable goods that they had consumed; the immovable goods that have been by them unduly detained being first restored, if that should seem to be convenient to him. And whatever should arise out of such agreement was to be applied to the church to which such goods had belonged, or for the advancement of studies, and to schools. There is likewise a power granted to delegate others under him, for the care and performance of all these particulars. But because he was to go first to Flanders, and stay in those parts for some time, the pope gave him authority to execute these powers, even while he was without the kingdom, to all persons belonging to it, that should apply to him, particularly with relation to all orders unduly received; and to confirm bishops or archbishops, who had been promoted by a secular nomination, during the schism, and had assisted the former kings, though they had fallen into heresy, upon their return to the unity of the church. And to provide to metropolitical or cathedral churches, such persons as should be recommended to him by the queen, according to the customs of the kingdom, upon any vacancy. And to absolve and reabilitate all clergymen, of all ranks, notwithstanding their past errors. All these powers are confirmed, with a full non obstante to all constitutions whatsoever."

.

Here was a great fulness of favour, with relation to all personal things. When Pole (whose name I write as he himself did, and not as we usually do) came to Flanders, he was stopped by the emperor's order, till his powers were seen, and sent to England. When they were seen, they

were considered as far short of what was expected, and of what seemed necessary for the carrying on the reconciliation quietly through the nation. So Pole sent Ormanet to Rome for fuller powers, and retired to Diligam-Abbey, near Brussels. While he was there, he heard the news of Philip's arrival in England, and of the queen's being married to him. Upon which he wrote a letter of congratulation to the bishop of Arras, which is in the Collection (No. xviii). And on the same day he wrote this acceptable piece of news to the Cardinal de Monte, which is also in the Collection (No. xix). In the postscript to the bishop of Arras, he tells him, that Ormanet was returned with fuller powers. He brought with him two breves.

The first is of no importance to this matter; but because it was thought to be suppressed on design, by the writer of the letter directed to me, by him that wrote on this subject in King James's time, it is put in the Collection (No. xx). It sets forth, that he was sent first to the queen of England; and after that was constituted legate à latere, for mediating a peace between the emperor and the king of France. He had also very ample powers given him, while he remained in Flanders, with relation to English persons and affairs. But since, by reason of the schism, and other errors, many cases might happen, that wanted a provision from the apostolical see, which could not be comprehended within the faculties given him; and because it is doubtful whether he may yet use them in the queen's dominions; and which of them shall be made use of, while he is either with the emperor or the king of France; the pope gives him full power to make use of all faculties sent to him, by himself, or by any other deputed by him and to do every thing that he shall think will conduce to the glory of God, the honour of the holy see, and the bringing the queen's dominions to the communion of the church as fully as may be. And while he remained with the emperor, he gave him all the powers of a legate à latere for all his dominions. And he gave him the same powers while he should be with the king of France.'

The other breve, which is also in the Collection (No. xxi), sets forth," that, upon the hopes of reducing the kingdom of England, that had been torn from the body of the catholic church, to an union with it, out of which there is no salvation, the pope had sent him his legate à latere, with all the powers that seemed necessary or proper for effecting that work in particular, to agree and transact with the possessors of church-goods concerning them. And whereas, by the beginnings and progress already made, there is good

hopes of bringing that work to a full perfection; which will go on the easier, the more indulgent and bountiful the pope shows himself, with relation to the possessions of those goods: the pope, therefore, not willing that the recovering that nation, and the salvation of so many souls, should be obstructed by any worldly regards; in imitation of the good father who received the returning prodigal, he empowered Pole, in whose prudence and dexterity he put an entire confidence, to treat with all the possessors or detainers of ecclesiastical goods, for whom the queen should intercede; and to transact and compound with them, that they might, without any scruple, enjoy and retain the said goods: and to conclude every thing that was proper or necessary with relation to them. Saving always such things, in which, for the greatness and importance of them, it shall seem fit to you to consult this holy see, to obtain our approbation and confirmation." Upon which he is fully empowered to proceed, with a full non obstante, bearing date the 28th of June. With these breves, Cardinal de Monte wrote him a letter, in the Roman way, of a high compliment; which is in the Collection (No. xxii).

The next letter is from Cardinal Morone, which is likewise in the Collection (No. xxiii). By this it appears, that Pole had gone to France upon his legatine, commission. And, after the usual Roman civilities," he tells him, he had laid his letter before the pope, who was beginning to despair of the affairs of England. And though the pope had not patience to read or hear his letter, which was his ordinary custom, yet he told him the sum of it, with which he was satisfied, and said, he had given no cause, neither to the emperor nor to any other, to use such extravagant words to him. It seems Pole had desired to be recalled; but the pope said, that could not be done. It would be a great disgrace both to the pope and to the apostolical see, to the emperor himself, and to Cardinal Pole, and a great prejudice to England. But he would not write to the emperor upon it nor was he resolved about the goods of the church; concerning which he spoke often very variously. He resolved to write both to the queen and to the prince of Spain; which letters, he adds, will be sent by Ormanet, who is dispatched with every thing necessary for the business, conform to his desire." The rest is all compliment, dated the 13th of July. Then follows a breve, merely in point of form, extending the former powers, that were addressed only to the queen, to Philip her husband; dated the 10th of July.

:

Upon this, the emperor being then at Valenciennes, the