VIII.

of drawing up commissions, he would consult the cardinal HENRÝ sanctorum quatuor, and quickly acquaint them with his resolution.

Upon this, the king's agents, perceiving how much the pope depended upon the cardinal sanctorum's advice, went immediately to him, delivered the king's letters, requested his favour, and gave him an expectation of being gratified.

Pucci pro

cures a com

mission to

try the cause,

pensation

After this preparatory discourse, they produced the commis- Cardinal sion. He excepted against several clauses in this instrument, and pretended it could not pass in that form, without great reflection upon the king, the pope, and the cardinal of York, and a disUpon this, they desired him to draw the minutes of a new from the form, which he did accordingly. This instrument being en- pope. grossed, the pope told them, that when he was prisoner in the castle of St. Angelo, the general of the Observants in Spain required him from the emperor, not to pass any act that might be preparative to a divorce between the king and queen, or any ways relate to that business. This religious likewise desired an inhibition, that the cause should not be tried before any judge in the king's dominions. The pope added, that though he moved with more freedom than formerly, yet he could not look upon himself as perfectly enlarged, as long as the Allemains and the Spaniards were so powerful in Italy. And he was perfectly of opinion, that by granting this commission, he must come to an open rupture with the emperor, without any hopes of closing the breach. However, he would rather run the utmost risk, and venture upon apparent ruin, than that the king or the cardinal should have any colour to charge him with ingratitude. Upon this he puts the commission and the dispensation signed into secretary Knight's hands: desiring them both at the same time to beg the king to have a little patience, to continue his former friendship, and not precipitate him beyond recovery: which would certainly follow, if his majesty should act upon the instruments, and begin the process upon receiving the commission.

desires the

His holiness desired a little time, to prevent misconstruction, The pope and preserve the character of a man of integrity. He told king not to them, Lautrec the French general would quickly march up make use of to him that at the arrival of the French forces, he should rities for have an opportunity of saving appearances, and satisfying the some time. king; for then he designed to acquaint M. De Lautrec, that

these autho

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НАМ,

His reasons for this request.

the English ambassador had pressed for the commission above Abp. Cant. mentioned: and that he refused to grant it, in regard of his promise to the emperor's agent: that upon this, Monsieur De Lautrec obliged him to yield; representing that such a commission was nothing more than bare justice. By this compulsion, as it were, he hoped to screen himself from censure; for under these circumstances, it would not appear he disobliged the emperor out of inclination; but that being pressed upon the point of justice, and by such powerful solicitors, he could do no less than give way. And at last, he promises to dispatch another commission to the king of England, bearing date after the time he had been over-awed by Lautrec's army. To conclude, he entreats the king would let the matter rest, till this instrument came to him, which he supposed would shortly happen. However, secretary Knight, perceiving the pope's Dr. Knight's finesse, and not willing to trust to uncertainties, made haste Letter to for England, and brought the commission and dispensation along with him.

Cardinal

Wolsey.

See Cotton.

Libr. Vitell.

b. 10.

pensation.

Cotton.

Libr. ibid.

To proceed though the form of the commission was someJan. 1. 1528, what altered by the cardinal quatuor sanctorum, yet the dispensation was engrossed, and signed on the minutes drawn up in England. And provided there happened to be any omission, the pope was willing to alter it in an instrument of the same The purport date. The purport of it was to give the king the liberty of of the dis- marrying again, after the divorce. Thus secretary Knight represents the matter to the king, in a letter of the same date with that of the cardinal above mentioned. And here he acquaints the king how powerful the Imperialists were in Italy; that they took towns and castles almost every day, and committed great ravage in the neighbourhood of Rome: that the French general lay still at Bononia, and that his expedition had not so proThe diffimising a face, as some pretended. In short, that the pope was culty of the pope's cirin a manner blocked up, and in great perplexity: and that if cumstances. his majesty should act upon the commission in this juncture, his holiness would be utterly undone and that at present he was endeavouring to persuade the French general to march towards Rome.

29.

Ibid.

Secretary Knight falling under ill health, and not being in a The commis- condition to travel, sent the prothonotary Gambara with the sion brought commission and dispensation to England, and followed in easy over by Gambara. journeys. The persons delegated to try the cause by a com

n. 7.

VIII.

mission, were the cardinals Campegio and Wolsey. And as HENRY to the powers, it may not be improper to examine them in a word or two. The cardinals above-mentioned are styled the pope's legates de latere; and have a full authority granted See Records, them, to hear and determine the cause in a summary way, without going through all the lengths and forms of law: and these powers are given them, with a "non obstante" to all general councils, apostolical constitutions, and decrees whatsoever to the contrary. And to give farther strength to this instrument, the pope signed a pollicitation, about a month after, to confirm the sentence of the legates, provided they pursued the tenour of their commission: to which he added a protestation, never to retract what was done, upon any colour, motive, or compulsion whatever.

Ld. Herbert, p. 221.

tied by the

b. 10.

It is said the pope resigned himself entirely to the delegates' The pope not discretion; and that, let them proceed as they thought fit in absolutely England, he should confirm their sentence. But notwith- sentence of the delegates. standing the categorical strain of the commission, which was Bp. Burnet, no more than a customary form, it is pretty evident from pt. 1. p. 59. John Cassaley's letter to cardinal Wolsey, that the pope did not deliver up his authority to the cardinal delegates without reservation, nor put himself absolutely in their power. For, Cotton. in his discourse with John Cassaley, he tells him, that if the Libr. Vitell. king and Wolsey had a mind to dismiss Campegio, upon pretence that they designed to proceed no farther in the hearing; in this case, says he, let them bring it to what issue they please, supposing they do not make use of my authority to do any thing unjust. And after some discourse, he declares himself ready to confirm the legate's sentence, provided the allegations were proved in court. And whereas it is affirmed, the pope confessed a treaty on foot between the emperor and himself, but denied that he had bound himself by it as to the king's business; this letter on the contrary makes him say, that he knew nothing of the matter, or had any concern in it. Ibid. et The pope, notwithstanding the authorities consigned into BP. Burnet, pt. 1. p. 59. the king's hands, was willing, as has been observed, to lie and Colunder covert. To this purpose, he orders sir Gregory Cassaley book ii. to send directions to the English court, touching the manage- The pope ment of the matter. By this letter we are informed, that "the privately pope was willing to comply with the king's desire; and that expedient to the king. the proceedings might be more unexceptionable, his holiness

VOL. IV.

G

lections,

p. 43, 44, 45.

suggests an

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had consulted the cardinals Quatuor Sanctorum and SimoAbp. Cant. netta; that in their opinion, the safest method would be, to keep the powers, transmitted from Rome to England, secret; that the king's best way would be, to refer the decision to the cardinal of York, who might justify his proceedings, either upon the score of the commission, sent by secretary Knight, or else by virtue of his legatine character. And here the king, being most acquainted with the condition of his own conscience, must be the best casuist in that respect. If therefore, his highness is satisfied in the matter, let him order the cardinal of York to proceed to sentence: let him marry another wife; and then apply to the conclave to dispatch a legate, to confirm the matter. For," as the letter goes on, “it was clearly the opinion of the cardinals Sanctorum and Simonetta, that if the queen was summoned into the court, she would only protest against the unfitness of the place and judges upon which, the emperor would press the pope for an inhibition to stop the cause. By virtue of which instrument, the king would be disabled from marrying elsewhere: and in case he should break through the order, the issue would be illegitimate at least, till judgment was given on his highness's side. And farther, the imperialists would insist upon a commission to try the cause at Rome. Now, if the pope was pressed upon these points, he could neither deny the one instrument, nor the other, unless undue methods and actual violence were made use of in the demand. On the other hand, if the king proceeds quickly to a second marriage, the emperor cannot reasonably insist upon the instruments above-mentioned: and, if he does, the pope can fairly deny him. And in case the emperor objects against Wolsey and the other cardinal, and moves for an avocation of the cause to Rome: then, if there is no way to put by this demand, the pope will be very expeditious in the hearing, make a decision to the king's satisfaction, and proceed in such a manner, that neither Spaniard, nor German, shall except against it.”

Cotton.

Libr. Vitell. b. 10.

This expedient the pope proposed, as the most practicable and secure; and desired the king to manage by it, but not to discover the author of the intimation.

Now to set this whole matter in a fuller light, I shall acquaint the reader with the instructions written with the king's own hand, upon which sir Francis Bryan and Mr. Vannes

were to take their measures, and pursue their negotiation. HENRY The reader shall have them in Harpsfield's words, who ex- VIII. tracted them from original letters of the king and cardinal.

given to sir

agents at

"These agents," says he, "were required perfectly and sub- Instructions stantially to instruct themselves, against the coming of secre- Francis tary Knight, of certain questions, by the learning, experience, M. Vannes, Bryan and and knowledge of the best advocates they could get in the the king's court of Rome, to be retained of the king's council, and to be Rome, of his grace's part made sure, by secret rewards, pact, and touching the convention, that afterwards they should not be allured and disposition drawn to the adverse part. The questions were proposed in form following, whereof I shall shift no part of the king's own words; viz.

"Whether if the queen," says the king, "for the great and manifold effects that may ensue thereof, can be moved and induced to take vow of chastity, and enter into religion; the pope's holiness may, 'ex plenitudine potestatis,' dispense with the king's highness, to proceed thereupon ‘ad duas nuptias,' and the children to be procreat in the same, to be legitime. And if it be a thing that the pope per case may not do, (standing such laws as be already written, both divine and human, and using his ordinary power) yet whether his holiness may do it of his mere and absolute power, as a thing, that the same may dispense in above the law, must secretly and perfectly be understood and known, and what precedent has been seen of like matter, or how the court of Rome shall define and determine, or what it doth use or may do therein; so that it may perfectly and assuredly appear, that no exception, no scruple, question, or doubt can or may be found, or alleged hereafter in anything, that may or shall be affirmed to be the pope's power touching that matter. Semblably, forasmuch that it is like that the queen shall make marvellous difficulty to enter into religion, or take vow of chastity: but that to induce her thereunto, there must be ways and means of high policy used, and all things possibly devised to encourage her to the same: wherein per case she shall resolve, that in no ways she will condescend so to do, unless the king's highness also do the like for his part; the king's said orators shall therefore in like ways, instruct themselves by their secret, learned council in the court of Rome, if for so a great a benefit to ensue to the king's succession, realm, and subjects, with the quiet of

power and

of that court.

30.