: ed in Person; and notwithstanding that the said Judges amply and sufficiently declared, as well the sincerity of their minds directly, justly to proceed without favour, dread, affection, or partiality; as also that no such Recusation, Appellation, or term for proving of Litis pendentiam, could or might be by them admitted yet she nevertheless persisting in her former wilfulness, and in her Appeal, which also by the said Judges was likewise recused: And they minding to proceed further in the Cause, the Queen would no longer make her abode to hear what the said Judges would fully discern, but incontinently departed out of the Court; wherefore she was thrice preconnisate, and called eft-soons to return and appear; which she refusing to do, was denounced by the Judges Contumax, and a Citation decerned for her appearance on Friday next, to make answer to such Articles and Positions as should be objected unto her: So as now it is not to be doubted, but that she will use all the ways and means to her possible, to impetrate and attain such things, as well by her own pursuit, as by her Friends, as may be to the impeachment of the rightful Process of this Cause, either by Advocation, Inhibition, or otherwise: Wherefore seeing now in what state this our Matter standeth and dependeth, necessary and requisite for the great Consequences hanging upon the same, not only for the exoneration of our Conscience, but also for the surety of our Succession, and the well of this our Realm and People, to be with all celerity perfected and observed. It was thought convenient to advertise you of the Premisses, to the intent ye being well and sufficiently instructed in all things concerning the same, shall by your wisdoms and diligences have special regard that nothing pass or be granted there by the Pope's Holiness, which may either give delay or disappointment to the direct and speedy process to be used in this Cause, neither by Advocation of the Cause, Inhibition, or otherwise; but that if any such thing shall, by the Cæsareans, or by her Agents, or other, be attempted, or desired, the like Men of Wisdom, good Zeal, Learning, and Experience, diligently procure the stopping thereof, as well upon such Reasons and Considerations as before have been signified unto you, as by inferring the high and extreme dishonour, and intolerable prejudice that the Pope's Holiness thereof should do to his said Legates; and also the contrariety both of his Bull and Commission, and also of his Promise and Pollici tation passed upon the same; beside the notable and excellent displeasure thereby to be done by his Holiness to us, and our Realm, clear contrary to our merits and deserts; extending also the other dangers mentioned in the said former Writings, apparent to ensue thereby to his Holiness, and the See Apostolick, with the manifold, and in manner, infinite inconveniences like to follow of the same to all Christendom, and all other such rea sons, introductions and persuasions ye can make and devise for that purpose: putting him also in remembrance of the great Commodity coming unto his Holiness herein, by reason that this Cause being here decided, the Pope not only is delivered from the pains that he should in this time of Disease and Sickness, to the extream peril of his Life sustain with the same, seeing that it is of such moment and importance, as suffereth no tract or delay; but also his Holiness shall by such decision here eschew and avoid all displeasure, that he should not fail to have, if it were or should be passed elsewhere: which matter is no little wisdom well to foresee and consider, and not only to forbear to do or pass any thing derogatory or prejudicial to his said Commission, but also by all means possible to corroborate and fortify the same, and all such Acts judicial as shall pass by his said Legates by virtue thereof. Like-as we doubt not but that the Pope's Holiness, of his Uprightness, Vertue, and perfect Wisdom will do; and rather like a most loving Father and Friend, tender and favour our good, just and reasonable Causes and Desires, putting thereunto all the furtherance he may do, than to do or consent to be done any thing hurtful, prejudicial, dammageable, or displeasant unto us, or this our said Cause. And finally; If need shall be, we will ye also infer, as the case shall require, how inconvenient it were this our Matter should be decided in the Court of Rome; which now dependeth totally in the Emperor's Arbitre, having such puissance near thereunto, that, as hath been written by the Pope's own Letters, their State and Life there is all in the Emperor's hands, whose Armies may famish or relieve them at their pleasure. And semblably ye shall not forget the prerogative of our Crown and Jurisdiction Royal, by the ancient Laws of our Realm, which admitteth nothing to be done by the Pope to the prejudice thereof, and also what danger they should incur that would presume to bring or present any such thing unto the same, as in our last Letters sent by Alexander was touched at good length. Wherein since ye be already so well and amply instructed, knowing also how much the Matter imports and toucheth us, and what profit and agreeable service ye may do unto us herein, with the high thanks that ye may deserve for the same: We shall not be more prolix, but refer the substantial, perfect, and assured handling hereof to your circumspections, fidelities, and diligences, not doubting but that ye will now above all other things, look vigilantly hereunto, and so acquit your selves in the same, as it may well appear that your Acts shall be correspondent to our firm trust and expectation, and no less tender this thing than ye know it to be imprinted in the bottom of our Heart, nor than as ye know both the imporɩance and high moment, and also the very necessity of the Matter doth require. In which doing, beside the laud and praise that ye shall consecute thereby of all good Men, we shall so have your acquittals in our remembrance, as ye shall have cause to think your travels, pains, and studies herein, in the best wise collocate and emploied. Given under our Signet, at our Palace of Bridewel, the 23d day of June. XXIX.-Rome, 9 July, 1529. Doctor Bennet's Letter to the Cardinal, showing how little they might expect from the Pope. An Original. [Cotton Libr. Vitel. B. 11.] proceed so sincerely, indifferently, and justly, that you would rather suffer to be jointed, Joint by Joint, than either for affection or fear, do any act either against your Conscience or Justice. Furthermore I said, that seeing his Holiness may be so well assured, that your Grace will do nothing but according to Justice in this Cause, he may the more boldly deny Avocations to the Cæsareans, seeing that the Queen and the Emperor can desire but Justice, which they may have at your Grace's hand, and my Lord Campegius, as well there as here; and by this means his Holiness should deliver himself from great pains and unquietness of mind, which he should sustain in case the PLEASE it your Grace to understand, that Cause should be known here, where he the 6th day of this month the Pope's Holi- should have the King's Highness on one ness sent for us: Albeit we had made great part, and the Emperor on the other side, sute for audience before to his Holiness, daily calling upon his Holiness. To this his soon after that we had understanding that Holiness most heavily, and with tears, anhis Holiness was recovered of this his last swered and said, That now he saw the deSickness, into the which he fell the second struction of Christendom, and lamented that day, after I had my first audience of his Ho- his fortune was such to live to this day, and liness, which was the 21 day of the last not to be able to remedy it, (saying these month: And after our long communication words) For God is my Judge, I would do as and reasoning in the King's Highness Cause, gladly for the King, as I would for my self; which, at length, we have written to your and to that I knowledg my self most bounGrace in our common Letter, for a confirma- den, but in this case I cannot satisfy his detion of many inconveniences and dangers sire, but that I should do manifestly against which we perswaded to his Holiness, to fol- Justice to the charge of my Conscience, to low both to himself and to the See Aposto- my rebuke, and to the dishonour of the See lick, in case his Holiness should avoke the Apostolick; affirming, that his Counsel cause; I thought much convenient at that shews him, that seeing the Cæsareans have same time to deliver the King's familiar, a Mandate or Proxie of the Queen, to ask and likewise your Grace's Letter, and so to the Avocations in her Name, he cannot of shew your Grace's Credence to his Holiness. Justice deny it, and the whole Signature be After the foresaid Letters delivered, and by in that same opinion; so that though he his Holiness shewed me, that he perceived would most gladly do that thing that might by your Grace's Letters, that I had certain be to the King's pleasure, yet he cannot do Credence to shew unto him of great moment it, seeing that Signature would be against and importance, concerning him and the See Apostolick. I shewed to his Holiness your Grace's Faith and observance, his Holiness doth best know; most humbly besought his Holiness to believe these undoubtedly to follow, That if his Holiness should, at the labours of the Cæsareans, avoke the Cause, he should not alonely offend the King's Highness, which hitherto hath been a stay, a help, and a defence of the See Apostolick; but also by reason of this injury, without remedy, shall alienate his Majesty and Realms, with others, from the devotion and obedience of the See Apostolick. This I shewed his Holiness, that your Grace doth evidently perceive to follow, in case his Holiness should incline to the Cæsareaus desire on this behalf: Yea further, I said, that your Grace most clearly perceiveth also by that Act, the Church of England utterly to be destroyed, and likewise your Person; and that these your Grace, with weeping tears, most lamentably committed unto me to shew to his Holiness. Furthermore I shewed to his Holiness, that your Grace, howsoever you anould proceed in this Cause, did intend to him whensoever the Supplication should be up there: And so being late, we took our leave of his Holiness, and departed, seeing that we could obtain nothing of the Pope for stopping the Avocation, we consulted and devised for the deferring of it, till such time as your Grace might make an end in the Cause there. And so concluded upon a new Device, which at length we have written in our common Letter, wherein I promise your Grace, Mr. Gregory has used great diligence, and taken great labours at this time, we can do no more for our lives: And i your Grace saw the importune labour of the Ambassadors of the Emperor's and Ferdinandoes, you would marvel, I promise your Grace they never cease; wherefore in staying hitherto, as we have done, it is marvel, as God knoweth, whom I pray to preserve your Grace in health and prosperity ad multos annos. I beseech your Grace most humbly to commend me to the King's Highness; and likewise I beseech your Grace to pardon my ill writing. At Rome, the 9th day of July. Your daily Beadman and Servant, W. Benet. XXX.-19 Julii, 1529. A Letter of the Pope's to the Cardinal concerning the Avocation. An Original. which by the providence of the Almighty God, and the high prudence, and provision, and assistance of the King's Highness, was, to the great honour, laud, and glory of his Majesty, repressed; the Enemies then being of the Church reformed, returned, and restored to the unity of the same. and peace over all componed and concluded, as also for the modifying of the insatiable and inordinate ambition of those which do aspire unto the Monarchy of Christendom, did put universal trouble, divisions in the same, intending, if they might, not only to have subdued this Realm, but also all the rest unto their Power and Subjection: For the resistance whereof, the King's Highness was compelled, after the Universal Peace, by the great study, labour, and travel of his Grace conduced, and the same by some of the Contrahents newly violate and infringed; in shewing the form of the Treaties thereupon made again, to take Armour. And over and besides the notable and excessive treasure and substance which [Cotton Libr. Vitel. B. 11.] DIECTE Fili noster, salutem et Apostolicam Benedictionem. Difficile est nobis explicare literis, qua nostra molestia seu potius dolore fuerimus coacti, ad Avocationem Causæ istic commissæ concedendam; nam etsi res ita fuit justa ut tanto tempore differri non debuerit, tamen nos qui isti Serenissimo Regi pro ejus singularibus erga nos et Apostolicam sedem meritis placere in omnibus cupimus, sicut consuevimus, ægre nunc adducti sumus, ut quamquam justitia cogente, quicquid contra ejus voluntatem concederemus. Nec vero minus, Fili, doluimus tua causa, cui rem hanc tantæ curæ esse perspeximus quantum tua erga dictum Regem fides et amor postulat; sed tamen quod datur justitiæ minus esse molestum debet, cum præsertim id fuerit tam dilatum à nobis, omniaq; antea pertentata ne ad hoc descenderemus. his Highness in his first Wars had emploied Itaq; optamus in hoc adhiberi à te illam tuam singularem prudentiam et æquitatem, persuadereq; te tibi id quod est, nos, qui semper vobis placere quantum nobis licuit studuimus, id quod vestro maximo merito fecimus, et semper facturi sumus, nunc non nisi invitos et justitia coactos quod fecimus fecisse: Teq; omni studio et amore hortamur, ut dictum Regem in solita erga nos benevolentia retinere velis, eique persuadere, hihil ex hoc apud nos de benevolentia erga se veteri imminutum unquam fore, quod recipiemus à Circumspectione tua longe gratissimum. Quemadmodum plenius dilectus Filius noster Cardinalis Campegius hæc Circumspectioni tue explicabit. Dat. Romæ apud Sanctum Petrum sub annulo Piscatoris die 19. Juli 1529. Pont. nostri anno sexto. Blosius. XXXI.-Act 26. Anno Regni 21. Henr. 8. An Act for the releasing unto the King his Highness of such Sums of Money as was to be required of him, by any his Subjects, for any Manner of Loan, by his Letters Missives, or other ways or manner whatsoever. ITEM quadam alia billa formam cujusdam actus in se continens, exhibita est præfato Domino Regi in Parliamento prædicto, cujus quidem billa tenor sequiturin hac verba. The King's humble, faithful, and loving Subjects, the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, considering and calling to their remembrances, the inestimable Costs, Charges. and Expenses, which the King's Highness necessarily hath been compelled to support and sustain, since his assumption to his Crown, Estate, and Dignity Royal; as well first for the extinction of a right dangerous and damnable Schism sprung and risen in the Church; for the defence of the Church, the Faith Ca- dained and enacted by the King, our said from his own Subjects unto Strangers: discharge for the same, that it may be or Whereof finally such Fruit and Effect is ensued, as by the King's policy, puissance, and means, general and universal Peace is established amongst all Christian Princes; and this Realm now, thanked be God, constitute in free, better, and more assured and profitable Amity with all outward Parties, than hath been at any time whereof is memory or remembrance. Considering, furthermore, That his Highness, in and about the Premisses, hath been fain to employ, not only such sums of Money as hath risen and grown by any manner of contribution made unto his Grace by his said loving Subjects, but also over and above the same, sundry other notable and excellent Sums of his own Treasure, and yearly Revenues, which else bis Grace might have kept and reserved to his own use; amongst which manifold great Sums so employed, his Highness also, as is notoriously known, and as doth evidently appear by the accompts of the same, hath to that use and none other, converted all such Mony, as by any his Subjects and People, Spiritual and Temporal, hath been advanced unto his Grace by way of Prest and Loan, either par. ticularly, or by any Taxation made of the same, being a thing so well collocate and bestowed, seeing the said high and great Fruits and Effects thereof ensued, to the honour, surety, well, perfect commodity, and perpetual tranquillity of this said Realm, as nothing could better nor more to the comfort of his said Subjects be desired, studied, or imagined; Of one mind, consent and assent, and by Authority of this present Parliament, do for themselves, and all the whole Body of the Realm whom they do represent, freely, liberally, and absolutely, give and grant unto the King's Highness, by Authority of this present Parliament, all and every Sum and Sums of Mony, which to them, and every of them, is, ought, or might be due, by reason of any Mony, or any other thing, to his Grace at any time heretofore advanced, or payed, by way of Prest or Loan, either upon any Letter or Letters under the King's Privy Seal, general or particular, Letter, Missive, Promise, Bond, or Obligation of payment, or by any Taxation, or other Assessing, by virtue of any Commission or Commissions, or by any other mean or means whatsoever it be heretofore passed for that purpose, and utterly, frankly, liberally, and most willingly and benevolently, for them, their Heirs, Exe. cutors, and Successors, do remit, release, and quit claim, unto his Highness, his Heirs and Successors for ever, all and every the same Sums of Money, and every parcel thereof, and all and singular Suits, Petitions, and Demands, which they, or any of them, their Heirs, Successors, or Executors, or the Heirs, Executors, or Successors of any of them, have, had, or may have for the same, or any parcel thereof; most humbly and lovingly, beseeching his Highness, for the more clear XXXII.—A Letter from Gardiner and Fox, about [Cotton Libr. Vitell. B. 13.] TO THE KING'S HIGHNESS. PLEASETH it your Highness to be advertised, That arriving here at Cambridg upon Saturday last past at noon, that same night, and Sunday in the morning, we devised with the Vice-chancellour, and such other as favoureth your Grace's cause, how and in what sort to compass and attain your Grace's Purpose and Intent; wherein we assure your Grace, we found much towardness, good will, and vigilance, in the Vice-Chancellour and Dr. Edmunds, being as studious to serve your Grace as we could wish or desire: Nevertheless there was not so much care, labour, study, and diligence employed on our Party, by them, our self, and other, for attaining your Grace's Purpose, but there was as much done by others for the lett and empeachment of the same; and as we assembled they assembled, as we made Friends they made Friends, to lett that nothing should pass as in the Universities Name; wherein the first day they were Superiors, for they had put in the ears of them, by whose Voices such things do pass, multas fubulas, too tedious to write unto your Grace. Upon Sunday at afternoon were assembled, after the manner of the University, all the Doctors, Batchellors of Divi nity, and Masters of Art, being in number almost two hundred: In that Congregation we delivered your Grace's Letters, which were read openly by the Vice-Chancellor. And for answer to be made unto them, first the Vice-Chancellor calling apart the Doctors, asked their Advice and Opinion; whereunto they answered severally, as their Affections led them, et res erat in multa confusione. Tandem they were content Answer should be made to the Questions by indifferent Men: but then they came to Exceptions against the Abbot of St. Benets, who seemed to come for that purpose; and likewise against Dr. Reppes, and Dr. Crome; and also generally against all such as had allowed Dr. Cran for answer to be made therein. In the Sche- Your Highness's most humble Stephen Gardiner, Placet Vobis ut A. Vicecancellarius. Magistri in Theologia. A. Salcot. The Abbot A. Heynes. of St. Benet's. Watson. Mylsent. de isto bene speratur. mer's Book, inasmuch as they had already The Grace purposed and obtained, Feb. 15.30. declared their Opinion. We said thereunto, That by that reason they might except against all for it was lightly, that in a Question so notable as this is, every Man Learned hath said to his Friend as he thinketh in it for the time; but we ought not to judg of any Man, that he setteth more to defend that which he hath once said, than Truth afterward known. Finally: The Vice-Chancellor, because the day was much spent in those altercations, commanding every Man to resort to his Seat apart, as the manner is in those Assemblies, willed every Man's mind to be known se cretly, whether they would be content with such an Order as he had conceived for an swer to be made by the University to your Grace's Letters; whereunto that night they would in no wise agree. And forasmuch as it was then dark night, the Vice Chancellor continued the Congregation till the next day at one of the Clock; at which time the ViceChancellor proponed a Grace after the form herein inclosed; and it was first denied: When it was asked again, it was even on both Parties, to be denied or granted; and at the last, by labour of Friends to cause some to depart the House which were against it, it was obtained in such form as the Schedule hereis enclosed purporteth; wherein be two Points which we would have left out; but considering by putting in of them, we allured many, and that indeed they shall not hurt the Determination for your Grace's part, we were finally content therewith. The one Point is that where it was first, that quicquid major pars of them that be named decreterit, should be taken for the Determination of the University. Now it referred ad duas partes, wherein we suppose shall be no difficulty. The other Point is, That your Grace's Question shall be openly disputed, which we think to be very honourable; and it is agreed amongst us, That in that Disputation, shall answer, the Abbot of St. Benets, Dr. Reppes, and I Mr. Fox, to all such as will object any thing or reason against the conclusion to be sustained for your Grace's part. And because Mr. Doctor Cliff hath said, That he hath somewhat to say concerning.the Canon Law; I your Secretary shall be adjoined unto them A. Repps. Tomson. Venetus, de isto A. Edmunds. A. Crome. A. Shaxton. A. Latimer. A. Simon. Longford. De isto bene speratur. Thyxtel. Hutton. HABEANT plenam facultatem et Auctoritatem, nomine totius Universitatis, respondendi Literis Regiæ Majestatis in hac Congregatione lectis, ac nomine totius Universitatis definiendi et determinandi quæstionem in dictis literis propositam: ita quod quicquid duæ partes eorum præsentium inter se decreverint, respondendi dictis literis, et definierint ac determinaverint super quæstione proposita, in iisdem habeatur, et reputetur pro Responsione, Definitione et Determinatione totius Universitatis, et quod liceat Vicecancellario, Procuratoribus et Scrutatoribus, literis super dictarum duarum partium definitione et determinatione concipienda sigillum commune Universitatis apponere: sic quod disputetur Quæstio publice et antea legatur coram Universitate absq; ulteriori gratia desuper petenda aut obtinenda. Your Highness may perceive by the Notes, that |