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thereunto; which he could not refuse to do, unless he would openly and manifestly commit express injury and notorious injustice. For be it that the Pope's Holiness hearkning to the said frivolous and vain Allegations, would refuse to declare the Law herein to the King's purpose, then must his Holiness, either standing in doubt, leave and suffer the Cause to remain in suspence to the extream danger of the King's Realm and Succession for ever, or else declare the Bull or Breve, or both to be good, which I suppose neither his Holiness nor any true Christian Man can do, standing the manifest occasions, presumptions, and apparent evidences to the contrary. Then if the matter be not to be left in suspence, no judgment can be truly given to the approbation of the Bull or Breve; how can the Pope's Holiness of Conscience, Honour or Vertue, living or dying, thus procrastinate or put over the immediate finishing thereof, according to the King's desire? or how may his Holiness find his Conscience towards God exonerate, if either living he should be the cause of so many evils as hereof may arise; or dying, wilfully leave this so great a Matter, by his own default, in this confusion, incertainty and perplexity? It is not to be supposed, that ever Prince most devout to the See Apostolick, could so long tolerate so high an Injury, as being so merited towards the said See, is both unacquitted for his kindness with any special Grace, and also denied upon his petition of that, which is evident to be plain Justice. This thing is otherwise to be looked upon, than for the Pope's Sickness, where most need were to put an end unto it, to be delaied, seeing that living and amending. it is of it self expedient and justifiable, and dying, it shall be an act both necessary, meritorious and honourable. For this cause ye now knowing the King's mind in this behalf, shall, if ye have not already before this time spoken with the Pope's Holiness at length in these Matters, as the King's Grace trusteth ye have done, sollicite as well by the means of Messiere Jacobo Salviati, as by the Bishop of Verone, and otherwise as ye can think best, to have such commodious access unto his Holiness, as ye may declare the Premises unto him; which by your wisdoms, in as effectual and vive manner as ye can open it unto his Holiness. It is undoubtedly to be thought the same shall rather be to his comfort and encrease of Health, than to any his trouble or unquietness; and that his Holiness hearing these Reasons not evitable, will, whether he be in way and hope of amendment, or otherwise, both proceed to the said indication, and also to the Declaration of the Law, and passing of a sufficient and ample Decretal, as hath been devised in the King's said Cause, with other such things, as by former Letters and Instructions, by the Decrees mentioned in the same, that failing have been committed unto you, to be solicited and procured there; in the labouring where

of, albeit since your departures from hence, the things have, by reason of the Pope's sore sickness, otherwise chanced than was here supposed, by means whereof ye not instructed what to do in any such case, were peradventure not over-hasty or importune to labour these Matters, till the Pope's Holiness might be better amended, nor could percase find the means to have convenient access unto his presence for the same, ye must nevertheless adhibit such diligence, as howsoever the sickness of his Holiness shall cease, amend, or continue, these things be not for the same, or any other cause, tracted or left in longer suspense; but finding possible means to come unto the Pope's presence, to declare all such things unto the same, mentioned both in the former Letters and Instructions given unto you, and also in these presents, as may make to the purpose: and failing of often access in your own Persons to his Holiness, ye cause the Bishop of Verone, and other such assured Friends as ye can attain, being about him at such times as they may have with his Holiness, to inculcate unto him the said Points and Considerations, and all other that ye can excogitate and devise to the furtherance and advancement of these Matters, not forbearing or sparing also, if ye shall see difficulty at the Pope's hand, or in audience to be given to you or your Friends there, being about his Person, to break and open after a good fashion and manner the same unto such of the Cardinals, as ye may perceive assuredly and constantly to favour the King's Highness, and the French King in Election of a future Pope, in case (as God forbid) the Pope's Holiness should decease; and to shew unto the same Cardinals, all such things as you shall think meet, both for their more ample instructions in the truth and specialities of the Matters, as well concerning the Indication of Truce, as the King's said Cause, and the presumptuous Reasons, and plainer Evidences, leading to the insufficiency of the Bull, and apparent falsity of the said Breve; to the intent, that as many of the said Cardinals as ye can win, made sure in those Matters, they may, both in time of sickness, and also of amendment, move and induce the Pope's Holiness, thereunto, laying before him as well the Merits and Honour that may ensue by the perfection of the premises, as the danger imminent by the contrary and semblably it shall be expedient that ye win and make sure to the same purpose, as many of the Officers of the Rota and other as ye can, who as ye write be not accustomed, nor will give counsel to any Person but the Pope's Holiness; for albeit, ye cannot have them to be of the King's Council, yet nevertheless they may do as much good, or more, in training and counselling the Pope's Holiness, upon the great Reasons that you can shew unto them, to hearken unto your Overtures in this behalf. To which purpose you shall adjure, make, and win, as many Friends of the Cardinals, of

them, and other, as ye possibly may, as for the thing which the King's Highness and I more esteem than twenty Papalities; and amongst other, ye shall insist, by all means and good persuasions ye can, for the continuance there of the said Bishop of Verone, so as he may countervail the Arch-Bishop of Capuan; who, as it seemeth, is continually about the Pope's l'erson, and were necessary to be met with in the labours and persuasions, which by likelihood he maketh to the hindrance of the King's Purpose: For the better continuing of the which Bishop of Verone, not only the King's Highness and I write unto him at this time, as by the Copy of the same several Letters being herewith ye shall perceive, but also the French King will do the semblable. And furthermore, to the intent that the Pope's Holiness may well perceive, that not only the said French King mindeth the King's said Cause, and taketh it to heart as much as it were his own, and will effectually join and concur with the King's Highness therein, but that also he is and will be conformable to the said Indication; He will send thither, with all speed, the Bishop of Bayon to further, solicite, and set forth the same; who, before his departure from hence, which was a good season passed, was and is sufficiently and amply instructed in all things requisite to this purpose and not only in these Matters, but also in such other as were written unto you by Vincent de Cassalis, and Hercules, upon advertisement given hither that the Pope's Holiness was deceased; so as ye may be sure to have of him effectual concurrence and advice in the furtherance and solicitation of your Charges, whether the Pope's Holiness amend, remain long sick, or (as God forbid) should fortune to die; trusting, that being so well furnished by all ways that can be devised, ye will not fail to use such diligence as may be to the consecuting and attaining of the King's Purpose: wherein, tho ye be so amply and largely instructed, that more cannot be, yet nevertheless having lately received from the Bishop of Worcester a Memorial of divers great things to be well noted and considered, for trial of the falsity of the said Brieve, I send you herewith a Copy of the same Memorial, to the intent ye substantially visiting and perusing the same, may follow and put in execution such part thereof, for better trial of the falsity, as is to be done there, like as the rest meet to be done here, shall not fail to be executed with diligence accordingly.

Thus be ye with these, and other former Writings, sufficiently instructed what is to be done by you there, whether the Pope's Holiness continue long in his sickness, or whether the same fortune to decease, or soon, God willing, to amend. There resteth no more, but that ye always take for a perfect ground, That tho to every new chance not before known, sufficient Provision and Instruction could not be given to you at your

departure, ye always note, remember, and regard, That this the King's Cause admitteth nor suffereth any manner negative, tract, or delay; wherefore knowing that so well as ye do, and also how much the indiction of the Truce shall be commodious and necessary, both to the King's Highness in particular, and to all Christendom in general, by means whereof his Grace shall avoid Contribution, and other Charges of the War, ye must now, if ever you will have thanks, laud, or praise for your Service, employ yourselves opportune et importune, to put an end to the Points to the King's satisfaction and desire; and in every difficulty to study, by your Wisdoms, the best and next Remedy, and not always to tract your doings, till upon your Advertisement hither, ye shall have new knowledge from hence: For thereby the matter it self, and also your demur there, be of over-long a continuance, and infinite inconveniences by the same may ensue. I therefore require you, according to the special trust and confidence that the King's Highness and I have in you, now for ever to acquit your selves herein with all effect possible, accordingly so as the King's Highness be not longer kept in this perplexity and suspence, to his Graces intolerable inquietness, and the great heaviness of all those that observe and love the same.

Furthermore, tho it so be that the King's Trust, and also mine is, Ye will by your Wisdom find such good means and ways as ye shall not fail, God willing, to open and declare unto the Pope's Holiness, the whole of the King's Mind, and all and singular the Premisses, with the residue above-mentioned in your former Instructions and Letters sent unto you: Yet nevertheless considering what ye wrote of the doubt of continuance of the Pope's sickness, and to make sure for all Events and Chances, in case his Holiness (as God forbid) should long remain in such state, as he might either take upon him the naming of the Peace, journeying and repairing to the sacred Diet, nor also hear the whole of the things by you to be opened and propounded touching the King's said Cause; It hath been thought to the King's Highness convenient, rather than these great and weighty Matters should hang in longer suspense, to excogitate some other good means and way how these Matters, so necessary, may by some ways be conduced and brought to an end: And it is this; That the Pope's Holiness not being able to travel to the place devised, where the Princes may be near him for Treaty, and managing of the Peace, he do depute me and my Lord Cardinal Campegius, conjunctim et divisim, as his Legats for that purpose, to do and execute all such things in his Holiness's Name, as the same should do in that behalf if he were there present; whereunto, for the well of Christendom, we shall be contented to condescend. So always, that as hath been written heretofore unto you, before I pass or set forth to any Conven

tion or Place, to the intent before specified, Policitation, being already in your hands, be the King's Highness be fully satisfied and so couched, as the Date, and every thing pleased in his said matter of Matrimony, considered, it may sufficiently oblige and without which, neither with nor without the astringe the Pope's Holiness to confirm all Pope's presence, I will ever begin or take that we, or one of us, shall do, by virtue of that Voyage: for performance whereof, this this New or the Old Commission: And if it Article following is of new devised, to be be not of such efficacy so to do, then must by you propounded unto his Holiness, if ye in this case see, that either by sufficient the Decretals cannot be obtained, or some and ample words to be put in this new Comother thing, that ye shall well know and per- mission, if it may be so had, or by a new ceive, by advice of expert Counsel there, to Chirograph the Pope's Holiness may be so be better to the King's purpose than this astringed; which Chirograph, with the Comthing now devised, and that may without missions before specified, if ye obtain the tract be passed or granted; that is to say, same, the King's pleasure is, That ye Sir That his Holiness do enlarge, extend, and Francis Brian shall bring hither, in all posamplify his Commission given to me and my sible diligence, after the having and obtainLord Legate Campegius, whereby we jointly ing thereof, solliciting nevertheless, whether and severally may be sufficiently furnished the Pope be to be facilly spoken with, or not, and authorized, to do as much in this cause the immediate Indication of the Truce, as is of Matrimony, with all the emergents and aforesaid, without which in vain it were for dependencies upon the same, as his Holiness me, either with or without the Pope, to tramay do of his ordinary and absolute Power, vel for labouring and conducing of the Peace. with sufficient and ample Clauses, ad Decer. And so by this way should the Pope's Holinend. et Interpretand. jura, leges, et Rescripta ness, with his merit and sufficient justificaquæcunq; hoc Matrimonium concernentia, una tion, proceed for the Truce, as a fundament cum omnibus et singulis dubiis in eadem causa of Universal Peace, satisfy the King's deemergentibus. And further, to make out sires, and avoid any doubt of the Emperor; Compulsories to any Princes or Persons of forasmuch as his Holiness might alledg, That what preheminence, dignity, state, or condi- being so extreamly sick, that he was not able tion soever they be, Etiam si in Imperiali, Re- to know of the Cause himself, he could no gali, vel alia quacunque dignitate perfulgeant, less do of justice, than to commit it unto sub quibuscunq; pœnis, and in what Countries other, seeing that the same is of such imporand places soever they be, to exhibit and tance as suffereth no tract or delay. And produce any manner Witness, Records, Ori- finally, the King's Highness, God willing, by ginals, Rescripts, or other thing, in what this means, should have an end of this Matplace, or time we, or the one of us shall re- ter. One thing ye shall well note, which is quire them, or any of them in this behalf, this; Albeit this new Device was now for with all and singular the Circumstances re- doubt of the Pope's long continuance of sickquisite and necessary to such a Commission, ness, first excogitate; yet is it not meant, after such ample and assured manner, as the nor ye be limited to this Device, in case ye same once had, we shall not need for any can obtain any other, nor ye be also comObjections, doubt, or other thing that might manded, to prefer this before all other Deinfringe or lack, to send of new to the Pope's vices: but now that ye shall see and under. Holiness for other provision, whereby the stand what this Device is, and knowing what King's said Cause might hang in any longer thing is like or possible to be obtained there, tract or delay. In which case of coming to without long putting over of your pursuits, exthis Commission, ye Mr. Stevins must have pend, consider, and regard well with your special regard to see the same sufficiently self, what thing of this, or any other that and substantially penned, by advice of the may best serve to the brief and good expemost expert Men that ye can find to that dition of the King's Cause. So always that purpose: For the better doing whereof, I it be a thing sure, sufficient, and available to send unto you herewith a Copy of the said his Grace's Purpose, that may without any Commission to me and my Lord Campegius, further tract be there had; and then by your with certain Additions thereunto noted in Wisdom taking unto you the best Learned the Margin, such as have been here devised; Counsel that ye can have there, leave you to and also a Copy of certain Clauses in a Bull, the expedition of that which so may be most to the intent ye may see how amply the meet, as the times require and suffer, to the same be couched, to avoid appellations and brief furnishing of the King's said Cause to other delays in Causes of far less moment this purpose, without tract or delay, and that and importance than the King's is. Never- ye may see is the thing, which as the matter theless ye must, if it shall come to the ob- stands, can speedily be obtained and sped, taining of this new Commission, see to the as is aforesaid. For whether the Decretal penning and more fully perfecting thereof, so be better than this, or this better than that, as the same may be in due perfection, with- or which soever be best, far it shall be from out needing to send eftsoons for remedying Wisdom to stick, and still to rest upon a of any thing therein, as is aforesaid; looking thing that cannot be obtained; but since ye also substantially whether the Chirograph of know the King's meaning, which is to have

not to suffer the Pope's Holiness, if he would thus wilfully, without reason or discretion to precipitate himself and the said See, which by this refusal is like to suffer ten times more detriment, than it could do for any miscontentment that the Emperor could take with the contrary: for ye shall say, sure they may be, and so I for my discharge declare, both to the Pope's Holiness and to them, If this Noble and Vertuous Prince, in this so great and reasonable a Cause, be thus extreamly denied of the grace and lawful favour of the Church, the Pope's Holiness shall not fail for the same to lose Him and his Realm, the French King and his Realm, with many other their Confederates; besides those that having particular Quarrels to the Pope, and so aforesaid will not fail, with diverse other, as they daily seek occasions, and provoke the King's Highness thereunto, which will do the semblable, being a thing of another sort to be regarded, than the respect to the Emperor; for two Cities, which nevertheless shall be had well enough, and the Emperor neither so evil contented, nor so much to be doubted herein, as is there supposed, This, with other words mentioned in your Instructions concerning like matter, ye shall declare unto his Holiness, and to the said Cardinals, and other being your Friends, if it come to that point; whereby it is not to be doubted, but they perceiving the dangers aforesaid, shall be glad to exhort and induce his Holiness, for the well of himself and the Church, to condescend to the King's desire; which is as much as can be here thought or devised, to be by you done in all Events and Chances: And therefore I pray you, eft-soons, and most instantly require you, as afore, to handle this Matter with all effect possible. Coming to this new Commission, when you shall have once attained such thing as shall be sufficient for the King's purpose, as is aforesaid; and that ye have it in your hands and custody, and not afore, lest thereby yo might hinder the expedition thereof, ye shall by all ways and means possible, labour and insist, That the King's Highness, as need shall be, may use and enjoy the benefit of the Decretal, being already in my Lord Cardinal Campegius's hands, whereunto his Highness and I desire you to put all your effectual labour for the attaining of the Pope's consent thereunto accordingly.

a way sufficient and good for the speedy finishing of this Cause to his Grace's purpose, note ye now, and consider with your self, by advice of Learned Counsel, as is aforesaid, how ye may bring that to pass, and shall ye deserve as high thanks as can be possible. So always that it be so well provided and looked upon, that in it be no such limitations or defaults, as shall compel us any more to write or send for reformation thereof: And coming to this Commission, tho percase ye can by no means or sticking have it in every point as the Copy, which I send you with the Annotations do purport; yet shall ye not therefore refuse it, but take it, or any other thing as can be had, after such form as may substantially serve, and as ye can by your wisdom and good sollicitations obtain, for the speedy finishing of the King's Cause to his purpose, as is aforesaid, which is the scope whereunto we must tend at this time; and therefore ye be not limited or coacted within any such bounds as ye should thereby be compelled or driven, for lack of obtaining any thing or point mentioned in these or other your Instructions, or former Writings, to send hither again for further knowledg of the King's pleasure; but ye be put at liberty so to qualify, so to add, detray, immix, change, chuse or mend as ye shall think good; so always that ye take the thing that best can be had, being such as may as effectually as ye can bring about, serve to the King's purpose, and to put indelayed end to it, according to his Grace's desire, without further tract, or sending thither, which is as much as here can be said or devised. And therefore at the reverence of Almighty God, bring us out of this perplexity, that this Vertuous Prince may have this thing sped to the purpose desired, which shall be the most joyous thing that this day in Earth may chance and succeed to my heart; and therefore I eftsoons beseech you to regard it accordingly: Howbeit if the Pope's Holiness, refusing all your desires, shall make difficulty and delay there in, it is an evident sign and token, that his Holiness is neither favourable to the King's reasonable Petitions, nor indifferent, but should thereby show himself both partial, and expresly averse unto his Grace; wherefore in that case finding in his Holiness such unreasonableness, as it can in no wise be thought ye shall do, The King's pleasure is, that ye proceed to the Protestations men- Ye shall furthermore understand, That it tioned in the first Instructions given to you is thought here, in case, as God forbid, the Mr. Stevins, for you and the residue of your Pope should die before ye should have imCollegues; and that ye not only be plain petrate any thing that may serve to the absoand round with the Pope's Holiness therein, lution of the King's Matter, That the Colif ye come to his speech, but also ye show ledge of Cardinals have Authority, Power, and extend unto the Cardinals, and other and Jurisdiction, sede vacante, to inhibit, athat be your Friends, which may do any good with him, the great peril and danger imminent unto the Church and See Apostoack; thereby exhorting them. That they like vertuous Fathers have regard thereunto, and

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voke, et er consequenti, to pass and decide the King's Matter, seeing that the same is of so high moment and importance, concerning the surety of a Prince and his Realm. as more amply ye shall perceive in the Chapters, att

Periculum de Electione, ne Romani, de Jurejurando, et capite primo de Scismaticis; Wherefore the King's pleasure is, That ye Mr. Stevins shall diligently weigh and ponder the effect of the said Chapters, not only with your self, but also with such the King's Learned Counsel as ye and your Collegues have conducted there; and what Jurisdiction, sede vacante, the Colledge of Cardinals have, either by the Common Law, usage or prescription, which may far better be known there than here: And if ye find that the Cardinals have in this the King's Cause, and such other like Authority and Jurisdictions to inhibite, avoke and decern, then, in casu mortis Pontificis, quod Deus avertat, ye shall specially foresee and regard that for none Intercession or pursute made by the Emperor and his Adherents, they shall either inhibit or avoke: And also if before such Death, ye shall not have obtained such thing to the King's desire and purpose, as these present Letters before do purport, his Grace's pleasure is, That ye shall pursue the effectual expedition of the same, at the hands of the said Colledge, Sede vacante, ne res quæ nullam dilationem exposcit, tantopere usque ad Electionem novi Pontificis quoquam modo differatur; using for this purpose all such Reasons, Allegations, and Persuasions mentioned in those Letters, and your former Instructions, as ye shall see and perceive to serve to that effect; and so to endeavour and acquit your self, that such things may be attained there, as may absolve this the King's Matter, without any further tract or delay; whereby ye shall as afore highly deserve the King's and my special thanks, which shall be so acquitted, as ye shall have cause to think your pains and diligences therein in the best wise imployed, trusting in God that howsoever the World shall come, ye shall by one means or other bring the King's Matter, which so highly toucheth his Honour and quiet of Mind, unto the desired end and perfection.

Finally; Ye shall understand that the French King, among other things, doth commit at this time to the Bishop of Bayon, and Mr. John Joachim to treat and conclude the Confederation heretofore spoken of, between his Holiness and the King's Highness, the French King, the Venetians, and other Potentates of Italy, for a continual Army to be entertained to invade Spain in case it stand by the Emperor, that the Peace shall not take effect: Wherefore the King's pleasure is, That ye having conference with them at good length in that Matter, do also for your parts, sollicite, procure, and set forth the same; entering also on the King's behalf unto the Treaty, and conclusion thereof, after such manner as your former Instructions and Writings do purport. So as like as the French King is determined, that his Agents shall join and concur with you in the King's Pursuits and Causes; So ye must also concur with them in advancement of their af

fairs, the successes whereof, and of all other your doings there, it shall be expedient ye more often notify hitherto than ye do, for many times in one whole month no knowledge is had from you, which is not meet in those so weighty Matters, specially considering that sometime by such as pass to Lyons, ye might find the means to send your Letters, which should be greatly to the King's and my consolation, in hearing thereby from time to time, how the things succeed there; I pray you therefore to use more diligence therein, as the King's and my special trust is in you. And heartily fare you well. From my Palace besides Westminster, the sixth day of April.

The French King hath sent hither an Ambassiate, Monsieur de Langes, Brother to the said Bishop of Bayon, with certain clauses in his Instructions, concerning the said Treaty of Confederation, the Copy whereof ye shall receive herewith, for your better carrying on that Matter. Praying God to speed you well, and to give you grace to make a good and short end in your Matters. And eft-soons fare ye well,

Your Loving Friend,

T. Cardin. Eborac.

XXIII.-Another Dispatch to the Ambassadours to the same purpose. A Duplicate.

[Cotton Libr. Vitell. B. 11.]

RIGHT well beloved Friends, I commend me unto you in my hearty manner, letting you wit, that by the hands of Thadeus bearer hereof, the King's Highness hath received your several Letters to the same, directed with the Pope's Pollicitation mentioned in the same, and semblablie I have received your Conjunct and several Letters of the date of the 18 and 29 days of March; the 8, 19, 20, and 22 of April, to me directed, wherein ye at right good length have made mention of such Discourses, Conferences, Audiences, and Communications as ye have had concerning your Charge, since the time of your former Advertisements made in that behalf, with all such Answers and Replications as have been made unto you by the Pope's Holiness, and other on his behalf concerning the same. In the Circumstances whereof ye have so diligently, discreetly, and substantially, acquitted your selves, as not only your firm and fervent desire, to do unto the King's Highness special and singular service in this his great and weighty Cause, but also your Wisdom, Learning, and perfect dexterities, heretofore well known, hath every one for his part thereby been largely of new shewed, comprobate and declared to the King's good contentment, my rejoice and gladness, and to your great laud and praise. For the which his Grace giveth unto you right hearty thanks, and I also tor my part do the semblable; assuring you, in few words,

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