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ed in Person; and notwithstanding that the sons, introductions and persuasions ye can said Judges amply an i sufficiently declared, make and devise for that purpose : putting as well the sincerity of their minds directly, him also in reinembrance of the great Counjustly to proceed without favour, dread, af. inodity coming unto his Holiness herein, by fection, or partiality; as also that no such reason that this Cause being here decided, Recusation, Appellation, or term for proving the Pope not only is delivered from the pains of Litis pendentiam, could or might be by them that he should in this time of Disease and admitted : yet she nevertheless persisting in Sickness, to the extream peril of his Life sus. ber former wilfulness, and in her Appeal, tain with the same, seeing that it is of such which also by the said Judges was likewise moment and importance, as suffereth no tract recused : And they minding to proceed fur. or delay; but also his Holiness shall by such ther in the Cause, the Queen would no longer decision bere eschew and avoid all displeamake her abode to hear what the said Judges sure, that he should not fail to bave, if it were would fully discern, but incontinently departed or should be passed elsewhere: which matter out of the Court; wherefore she was thrice is no little wisdoin well to foresee and conpreconnisate, and called efl-soons to return sider, and not only to forbear to do or pass and appear; which she refusing to do, was any thing derogatory or prejudicial to his said denounced by the Judges Contumax, and a Commission, but also by all means possible Citation decerned for her appearance on Fri. to corroborate and fortify the saine, and all day next, to make answer to such Articles and such Acts judicial as shall pass by his said Positions as should be objected unto her: So Legates by virtue thereof. Like-as ire doubt as now it is not to be doubted, but that she not but that the Pope's Holiness, of his Up. will use all the ways and means to her pos. rightness, Vertue, and perfect Wisdom will sible, to impetrate and attain such things, as do; and rather like a most loving Father and well by her own pursuit, as by her Friends, Friend, tender and favour our good, just and as may be to the impeachment of the rightful reasonable Causes and Desires, putting there. Process of this Cause, either by Advocation, unto all the furtherance he may do, than to Inbibition, or otherwise : Wherefore seeing do or consent to be done any thing hurtful, now in what state this our Matter standeth prejudicial, dammageable, or displeasant unto and dependeth, necessary and requisite for us, or this our said Cause. And finally; If the great Consequences banging upon the need sball be, we will ye also infer, as the same, not only for the exoneration of our case shall require, how inconvenient it were Conscience, but also for the surety of our Suc- this our Matter should be decided in the Court cession, and the well of this our Realm and of Rome; which now dependeth totally in People, to be with all celerity perfected and the Emperor's Arbitre, having such puissance observed. It was thought convenient to ad. near thereunto, that, as bath been written by vertise you of the Premisses, to the intent ye the Pope's own Letters, their State and Life being well and sufficiently instructed in all there is all in the Emperor's hands, whose things concerning the same, shall by your Armies may famish or relieve them at their wisdoms and diligences have special regard pleasure. And semblably ye shall not forget that nothing pass or be granted there by the the prerogative of our Crown and Jurisdiction Pope's Holiness, which may either give delay Royal, by the ancient Laws of our Realm, or disappointment to the direct and speedy which admitieth nothing to be done by the process to be used in this Cause, neither by Pope to the prejudice thereof, and also what Advocation of the Cause, Inbibition, or other. danger they should incur that would presume wise; but that if any such thing shall, by the to bring or present any such thing unto the Cæsareans, or by her Agents, or oiher, be at- same, as in our last Leiters sent by Alexander tempted, or desired, the like Men of Wisdom, was touched at good length. Wherein since good Zeal, Learning, and Experience, dili- ye be already so well and amply instructed, gently procure the stopping thereof, as well knowing also how much the Matter imports upon such Reasons and Considerations as be- and toucheth us, and what profit and agree. fore have been signified unto you, as by in- able service ye may do unto us herein, with ferring the high and extreme dishonour, and the high thanks that ye may deserve for the intolerable prejudice that the Pope's Holiness same : We shall not be more prolix, but refer thereof should do to bis said Legates; and the substantial, perfect, and assured handling also the contrariety both of his Bull and Com- hereof to your circumspections, fidelities, and mission, and also of his Promise and Pollici. diligences, not doubting but that ye will now tation passed upon the same; beside the no- above all other things, look vigilantly here. table and excellent displeasure thereby to be unto, and so acquit your selves in the saine, done by his Holiness to us, and our Realm, as it may well appear that your Acts shall be clear contrary to our merits and deserts; ex- correspondent to our firm trust and expertatendling also the other dangers mentioned in tion, and no less tender this thing than ye the said former Writings, apparent to ensue know it to be imprinted in the bottom of our tbereby to his Holiness, and the See Apos- Heart, nor than as ye know both the importa tolick, with the manifold, and in manner, in- ance and high moment, and also the very ne. finite inconveniences like to follow of the same cessity of the Matter doth require. In which to all Christendom, and all other such rea. doiug, beside the laud and praise that ye shall consecute thereby of all good Men, we shall proceed so sincerely, indifferently, and justly, so have your acquittals in our remembrance, that you would rather suffer to be jointed, as ye shall bave cause to think your travels, Joint by Joint, than either for affection or pains, and studies herein, in the best wise fear, do any act either against your Concollocate and emploied. Given under our science or Justice. Furthermore I said, that Signet, at our Palace of Bridewel, the 23d seeing his Holiness may be so well assured, day of June.

that your Grace will do nothing but according to Justice in this Cause, he may the more boldly deny Avocations to the Cæsa

reans, seeing that the Queen and the EmpeXXIX.—Rome, 9 July, 1529.

ror can desire but Justice, which they may Doctor Bennet's Letter to the Cardinal, showing have at your Grace's hand, and my Lord how little they might expect from the Pope, Campegius, as well there as here ; and by An Original.

this means bis Holiness should deliver him

self from great pains and unquietness of (Cotton Libr. Vitel. B. 11.)

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 beavily, and with tears, an. his 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 bare 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 tbe 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 moinent it, seeing that Signature would be against and importance, concerning him and the See him whensoever the Supplication should be Apostolick. I shewed to his Holiness your up there: And so being late, we took our Grace's Faith and observance, his Holiness leave of his Holiness, and departed, seeing doth best know; most humbly besought his that we could obtain nothing of the Pope for Holiness to believe these undoubtedly to fol- stopping the Avocation, we consulted and low, That if his Holiness should, at the law devised for the deferring of it, till such time bours of the Cæsareans, avoke the Cause, be as your Grace might make an end in the should not alonely offend the King's High- Cause there. And so concluded upon a new ness, which hitherto bath been a stay, a Device, which at length we have written in help, and a defence of the See Apostolick; our common Letter, wherein I promise your but also by reason of this injury, without re. Grace, Mr. Gregory has used great dili

his Majesty and Realms, gence, and taken great labours at this time,

lienate his Majesty and Realms, with others, from the devotion and obedience we can do no more for our lives : Aud i. of the See Apostolick. This I shewed his your Grace saw the importune labour of the Holiness, that your Grace doth evidently Ambassadors of the Emperor's and Ferdiperceive to follow, in case his Holiness nandoes, you would marvel, I promise your should incline to the Cæsareans desire on Grace they never cease; wherefore in staythis behalf: Yea further, I said, that your ing hitherto, as we have done, it is marvel, Grace most clearly perceiveth also by that as God knoweth, whom I pray to preserve Act, the Church of England utterly to be your Grace in health and prosperity ad mullus destroyed, and likewise your Person; and annos. I beseech your Grace most humbly that these your Grace, with weeping tears, to commend me to the King's Highpess; and most lamentably committed unto me to shew likewise I beseech your Grace to pardon my to bis Holiness. Furthermore I sbewed to ill writing. At Rome, the 9th day of July. his Holiness, that your Grace, howsoever you Your daily Beadman and Servant, swould proceed in this Cause, did intend to

W. Benet.


XXX.-19 Julii, 1529.

which by the providence of the Almighty A Ltter of the Pope's to the Cardinal concern.

God, and the high prudence, and provision, ing the evolution. dr Original.

and assistance of the King's Highness, was,

to the great honour, laud, and glory of his (Cottor Libr. Vitel. B. 11.)

Majesty, repressed; the Enemies then being DILECTE Fili poster, salutem et Apostolic of the Church reformed, returned, and rea cam Benedictionem. Difficile est nobis ex- stored to the unity of the same, and peace plicare lite is, qua nostra molestia seu potius over all componed and concluded, as also for dolore fuerimus coacti, ad Avocationem Cau- the modifying of the insatiable and inordi. sæ istic commissæ concedendam ; nam etsi nate ambition of those which do aspire unto res ita fuit justa ut tanto tempore differri the Monarchy of Christendom, did put uuinon debuerit, tamen nos qui isti Serenissimo versal trouble, divisions in the same, intendReyi pro ejus singularibus erga nos et Apos- ing, if they might, not only to have subdued tolicam sedem meritis placere in omnibus cu- this Realm, but also all ibe rest unto their piinus, sicut consuevimus, ægre nunc adducti Power and Subjection : For the resistance sumus, ut quamquam justitia cogente, quic- whereof, the King's Higbness was compelled quid contra ejus voluntatem concedereinus. after the Universal Peace, hy the great study, Nec vero minus, Fili, doluimus tua causa, labour, and travel of his Grace conduced, and cui rem banc tantæ curæ esse perspeximus the same by some of the Contrabents newly quantum tua erga dictum Regem fides et violate and infringed ; in shewing the forin annor postulat; sed tamen quod datur justi- of the Treaties thereupon made again, to take tiæ minus esse molestum debet, cum præser- Armour. And over and besides the notable um id fuerit tam dilatum à nobis, omniaq; and excessive treasure and substance which antea pertentata ne ad hoc descenderemus, his Highness in his first Wars had emploied Itaq; optamus in hoc adhiberi à te illam for the defence of the Church, the Faith Ca. tuam singularem prudentiam et æquitatem, tholick, and this his Realm, and of the Peopersuadereq; te tibi id quod est, nos, qui ple and Subjects of the same, was eft-soons semper vobis placere quantum nobis licuit brought of necessity to new, excellent, and studuimus, id quod vestro maximo merito fe- marvellous Charges, both for the supportacimus, et semper facturi sumus, nunc non tion of sundry Armies by Sea and by Land ; nisi invitos et justitia coactos quod fecimus and also for divers and manifold Contribufecisse : Teq; omni studio et amore horta- tions outward, to serve, keep, and con ain Inur, ut dictum Regem in solita erga nos be- his own Subjects at home in rest and repose; nevolentia retinere velis, eique persuadere, wbich hath been so politickly handled and hibil ex boc apud nos de benevolentia erga se conduced, that wbep the most part of all reveteri imminutum unquam fore, quod reci- ligious Christians have been infested with piemus à Circumspectione tua longe gratissi- cruel Wars, Discords, Divisions, and Dismum. Quemadmodum plenius dilectus Fi- sensions, the great Heads and Princes of the lius noster Cardinalis Campegius hæc Cir- World brought unto Captivity ; Cities, cumspectioni quæ explicabit. Dat. Romæ Towns, and Places, by force and sedition, apud Sanctum Petrum sub annulo Piscatoris taken, spoiled, burnt, and sacked; Mea, die 19. Julii 1529. Pont. nostri anno sexto. Women, and Children found in the same

Blosius. slain and destroyed; Virgins, Wives, Wi.

dows, and Religious Women, ravished and

defioured; Holy Churches and Temples pola XXXI.-Act 26. Anno Regni 21. Henr. 8. luted, and turned unto prophane use ; the Re.

liques of the Holy Saints irreverently treatAn det for the releasing unto the King his High.

High. ed; Hunger, Dearth, and Famine, by mean ness of such Sums of Money as was to be re- thereof in the said outward Regions, insuing quirer of hin, by any his Subjects, for any and generally over all, was depopulation, Manner of Loan, by his Letters Missives, or destruction and confusion : the King's said other ways or manner whatsoever.

Subjects in all this time, were by the high ITEM quadam alia billa formam cujusdam providence and politick means of his Grace actus in a continens, erhinta est pra fato Domino nevertheless preserved, defended, and mainRugi in Purliamento predicto, cujus quidem bila tained, from all these inconveniences and la tenor sequiturin hac verna. The King's dangers; and such provisions taken, by one humble, faithful, and loving Subjects, the way or other, so as reasonable commodity Lords Spiritual and Temporal, and Commons was always given unto them to exercise their in this present Parliament assembled, con- Traffiques of Merchandise, and other their sidering and calling to their remembrances, Crafts, Mysteries, and Occupations for their the inestimable Costs, Charges, and Ex- living; which could not possibly have been penses, which the King's Highness necessa. brougbt about, unless then the King's Highrily bath been compelled to support and sus- nes3, with continual studies, travels, and tajn, since his assumption to his Crown, pains, and with his infinite Charges and ExEstate, and Dignity Royal; as well first for pences, bad converted the peril and dange! the extinction of a right dangerous and dam- of the Enterprises and Exploits, set forth for Dable Schism sprung and risen in the Church; the reduction of the Enemies unto Peace, from his own Subjects unto Strangers : discharge for the same, that it may be or Whereof finally such Fruit and Effect is en- dained and enacted by the King, our said sued, as by the King's policy, puissance, and Sovereign Lord, the Lords Spiritual and means, general and universal Peace is esta- Temporal, and the Commons of this present blished amongst all Christian Princes; and Parliament assembled, and by authority of this Realm now, thanked be God, constitute the same, that all Promises, Bonds, Writ. in free, better, and more assured and profit- ings, Obligatory Letters, under the King's able Amity with all outward Parties, than Privy Seal Signet, Sign Manual, or Great bath been at any tiine whereof is memory or Seal passed, and other Bonds or Promises, remembrance. Considering furthermore, whatsoever they be, bad, or made, to any That his Highness, in and about the Pre-' Person or Persons, Spiritual or Temporal, misses, hath been fain to employ, not only Shire, City, Burrough, Waxentale, Tranship, such sums of Money as hath risen and grown Hamlet, Village, Monastry, Church, Catheby any manner of contribution made unto his dral, or Collegiat, or to any Guild, Frater. Grace by his said loving Subjects, but also nity, or Body Corporate, Fellowship, or over and above the same, sundry other nota. Company, or other whatsoever, having capa. ble and excellent Sums of his own Treasure, city to take any Bond, especially and geneand yearly Revenues, which else bis Grace rally, jointly or severally, touching or conmight have kept and reserved to his own cerning the same Prest or Loan, or every of use ; amongst which manifold great Sums so them, or the repaiment of any Sum or Sums employed, his Highness also, as is notorious- of Mony for the same, be from henceforth ly known, and as doth evidently appear by void and of none effect. Cui quidem biltæ the accompts of the same, bath to that use probe et ad plenum intellecta per dictum Domi. and none other, converted all such Mony, as num Regem er assensu et Authoritate Parlia. by any his Subjects and People, Spiritual and menti prædicti taliter est responsum. Le Roy Temporal, bath been advanced unto his remercie Les Seigneurs et ses communes de leur Grace by way of Prest and Loan, either par. bonne cæurs en faisant cest graunt, el icelle sa ticularly, or by any Taxation made of the Majeste accepte et tout le contenu, et cest escrisame, being a thing so well collocate and be- tnre a grount et aprove avecques tous les articles stowed, seeing the said high and great Fruits en ceste escripture specifies. and Effects thereof ensued, to the honour, surety, well, perfect commodity, and perpe. tual tranquillity of this said Realm, as no- XXXII.-A Letter from Gardiner and For, about thing could better nor more to the comfort of their Proceedings ut Cambridg. An Original. his said Subjects be desired, studied, or imagined; Of one mind, consent and assent,

Feb. 1530. from Cambridg by Stephen and hy Authority of this present Parliament,

Gurdiner. do for themselves, and all the whole Body of [Cotton Libr. Vitell. B. 13.] the Realm whom they do represent, freely, liberally, and absolutely, give and grant unto

TO THE KING'S HIGINESS. the King's Highness, by Authority of this PleaseTh it your Highness to be adverpresent Parliament, all and every Sum and tised, Tbat arriving here at Cambridg upon Sums of Mony, which to them, and every of Saturday last past at noon, that same night, them, is, ought, or might be due, by reason and Sunday in the morning, we devised with of any Mony, or any other thing, to his Grace the Vice-chancellour, and such other as faat any time heretofore advanced, or payed, voureth your Grace's cause, how and in what by way of Prest or Loan, either upon any sort to compass and attain your Grace's Pur. Letter or Letters under the King's Privy pose and Intent; wherein we assure your Seal, general or particular, Letter, Missive, Grace, we found much towardness, good will, Promise, Bond, or Obligation of payment, or and vigilance, in the Vice-Chancellour and by any Taxation, or other Assessing, by vir. Dr. Edmunds, being as studious to serve your tue of any Commission or Commissions, or Grace as we could wish or desire : Neverby any other mean or means whatsoever it be theless there was not so much care, labour, heretofore passed for that purpose, and ut- study, and diligence employed on our Party, terly, frankly, liberally, and most willingly by them, our self, and other, for attaining and benevolently, for them, their Heirs, Exe. your Grace's Purpose, but there was as much cutors, and successors, do remit, release, and done by others for the lett and empeacbment quit claim, unto his Highness, his Heirs and of the same; and as we assembled they as. Successors for ever, all and every the same sembled, as we made Friends they made Sums of Money, and every parcel thereof, Friends, to lett that nothing should pass as and all and singular Suits, Petitions, and in the Universities Name; wherein the first Demands, which they, or any of them, their day they were Superiors, for they had put ia Heirs, Successors, or Executors, or the Heirs, the ears of them, by whose Voices such things Executors, or Successors of any of them, do pass, multas fubulus, too tedious to write have, had, or may have for the same, or any unto your Grace. Upon Sunday at afternoon parcel thereof; most humbly and lovingly, were assembled, after the manner of the Unibeseeching his Highness, for the more clear versity, all the Doctors, Batchellors of Divi

d that which he




nity, and Masters of Art, being in number for answer to be made therein. In the Schealınost two hundred : In that Congregation dule which we send unto your Grace here. we delivered your Grace's Letters, which with, containing the names of those who were read openly by the Vice-Chancellor. shall determine your Grace's Question, all And for answer to be made unto them, first marked with the Letter A. be already of your the Vice-Chancellor calling apart the Doc- Grace's opinion ; by which we trust, and tors, asked their Advice and Opinion ; where with other good means, to induce and obtain unto they answered severally, as their Affec- a great part of the rest. Thus we beseech tions led thein, et res erat in multa confusione. Almighty God to preserve your most Noble Tandem they were content Answer should be and Royal Estate. From Cambridg the made to the Questions by indifferent Men: day of February but then they came to Exceptions against the

Your Highness's most humble Abbot of St. Benets, who seemed to come

Subjects and Serrants, for that purpose; and likewise against Dr.

Stephen Gardiner, Reppes, and Dr. Crome ; and also generally

Edward Fox. against all such as had allowed Dr. Cranmer's Book, inasmuch as they had already

"Y The Grace purposed and obtained, Feb. 1530. declared their opinion. We said thereunto, That by that reason they might except against

Placet Vobis ut all : for it was lightly, that in a Question so A. Vicecancellarius. , Magistri in Theologia. notable as this is, every Man Learned hath


Middleton. said to his Friend as he thinketh in it for the

A. Salcot. The Abbot A. Heynes. time; but we ought not to judg of any Man,

of St. Benet's. Mylsent. de isto that he setteth more to defend that which he

bene speratur. hach once said, than Truth afterward known.

| A. Shaxton. Finally: The Vice-Chancellor, because the


| A. Latimer. day was much spent in those altercations,

Venetus, de isto A. Simon. commanding every Man to resort to bis Seat

bene speratur, Longford. De isto apart, as the manner is in those Assemblies, A


bene sperutur. willed every Man's mind to be known se. "


Thyxtel. cretly, whether they would be content with A Crome

Nicols. such aa Order as he bad conceived for an. A

Hutton. swer to be made by the University to your Ä R

1. Boston.

A. Skip. Grace's Letters; whereunto that night they

A. Goodrich. would in no wise agree. And forasmuch as

A. Heth. it was then dark night, the Vice Chancellor

Hadway, de isto continued the Congregation till the next day

bene speratur. at one of the Clock; at which time the Vice

Dey. Chancellor proponed a Grace after the form

Bayne. herein inclosed; and it was first denied :

A. A. Duo ProcuraWhen it was asked again, it was even on

tores. both parties, to be denied or granted ; and a' the last, by labour of Friends to cause some

HABEANT plenam facultatem et Auctori. to depart the House which were against it. tatem, nomine totius Universitatis, responit was obtained in such form as the Schedule dendi Literis Regiæ Majestatis in hac Conhereis enclosed purporteth: wherein be two gregatione lectis, ac nomine totius UniversiPoints which we would have left out: but tatis definiendi et determinandi quæstionem considering by putting in of them, we allured in dictis literis propositam : ita quod quicmany, and that indeed they shall not hurt the quid duæ partes eorum præsentium inter se Determination for your Grace's part, we were decreverint, respondendi dictis literis, et de. finally content therewith. The one Point is finierint ac determinaverint super quæstione that where it was first, that quicquid major proposita, in iisdem habeatur, et reputetur pers of them that be damed decrecerit, should pro Responsione, Definitione et Determinabe taken for the Determination of the Univer- tione totius Universitatis, et quod liceat sity. Now it referred ud duas partes, wherein

les wherein Vicecancellario, Procuratoribus et Scrutato

! we suppose shall be no difficulty.


The other 1

The other ribus, literis super dictarum duarum partium Point is, That your Grace's Question shall definitione et determinatione concipienda sibe openly disputed, which we think to be gillum commune Universitatis apponere : sic very honourable ; and it is agreed amongst quod disputetur Quæstio publice et antea us. That in that Disputation. shall answer. Jegatur coram Universitate absq ; ulteriori the Abbot of St. Beneis, Dr. Reppes, and i gratia desuper petenda aut obtinenda. Mr. Fox, to all such as will object any thing Your Highness may perceive by the Notes, that or reason against the conclusion to be sus- we be already sure of as many as he requisite, tained for your Grace's part. And because wanting only three; and we have good hope Mr. Doctor Cliff bath said, That he hath four ; of which four if we get two, and obtain somewhat to say concerning.the Canon Law; of anoiher to be absent, it is sufficient for our I your Secretary shall be adjoined unto them purpuse.

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