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of Rome, amicably, charitably, and reason- hath been. And that thereupon, for continuably, to compound, other to extinct and make ance of the same, our said Holy Father the frustrate the payments of the said Annates: Pope, or any of his successors, or the Court or First- Fruits; or else by some friendly, of Rome, will, or do, or (ause to be done at loving, and tolerable composition to moderate any time hereafter, so as is above rehearsed, the same in such wise as may be by this unjustly, uncharitably, and unreasonably vex Realm easily born and sustained ; That then inquiet, molest, trouble, or grieve our said those ways and compositions once taken, con- Sovereign Lord, his Heirs or Successors, cluded, and agreed between tbe Pope's Holi- Kings of England, or any of his or ibeir Spiness and the king's Highness, shall stand in ritual or Lay-Subjects, or this bis Realın, by strength, force, and effect of Law, inviolably Excommunication, Excomengement, Interto be observed. And it is also further or- diction; or by any other Process, Censures, dained, and enacted by the Authority of this Compulsories, Ways, or Means; Be it Enactpresent Parliament, That the king's High. ed by the Authority aforesaid, That the King's ness at any time, or times, on this side the Highness, his Heirs and Successors, Kings of Feast of taster, which shall be in the Year England, and all his Spiritual and Lay-Subof our Lord God, a thoasand five hundred jects of the same, without any scruples of and three and thirty, or at any time on this Conscience, shall and may lawfully, to the side the beginning of the next Parliament, honour of Almighty God, the encrease and by his Letters Patents under his Great Seal, conunuance of vertue and good example wi:bto be made, and to be entred of Record in the in this Realm, the said Censures, Excommu. Roll of this present Parliament, may and nications, interdictions, Compulsories, or any shall have full power and liberty to declare, of them notwithstanding, mimster, or cause by the said Letters Patents, whether that to be ministred, throughout this said Realm, the Premisses, or any part, clause, or natter and all other the Dominions or Territories thereof, shall be observed, obeyed, executed, belonging or appertaining thereunto; All and and take place and effect, as an Act and Sta- all manner Sacraments, Sacramentals, Ceretute of this present Parliament, or not. So monies, or other Divine Services of the Holy that if his Highness, by his said Letters Church, or any other thing or things necessary Patents, before the expiration of the times for the health of the Soul of Mankind, as they above-limited, thereby do declare his plea- heretofore at any time or times have been sure to be, That the Premisses, or any part, vertuously used or accustomed to do within clause, or matter thereof, shall not be put in the same; and that no manner such Censures, execution, observed, continued, nor obeyed, Excommunications, Interdictions, or any in that case all the said Premisses, or such other Process or Compulsories, shall be by part, clanse, or matter, as the King's High- any of the Prelates, or other Spiritual Fathers ness so sball refuse, disaffirm, or not ratitie, of this Region, nor by any of their Ministers shall stand and be from henceforth utterly or Substitutes, be at any time or times here. void and of none effect. And in case that after published, executed, nor divulged, por the King's lliyhness, before the expiration of suffered to be published, executed, or divulgthe times afore prefixed, do declare by his ed in any manner of ways. Cui quidem Bilia said Letters Patents, his pleasure and deter- pradictæ et ad plenum intellecta per dictum Domination to be, that the said Premisses, or minum Regem er assensu et Autoritate Parliaevery clause, sentence, and part thereof, that menti prædicti taliter est Responsum. is to say, the whole, or such part thereof as Le Rey le Volt Soit Baille ani comunes the King's Highness so sball affirm, accept,
A cest Bille Les comunes sont assentes. and ratifie, shall in all points stand, remain, abide, and be put in due and effectual execu. MEMORAND. quod nono die Julii, Anno tion, according to the purport, tenour, effect, Regni Regis Henrici vicesimo quinto, idem and true meaning of the same ; and to stand Dominus Rex per Literas suas Patentes sub and be from henceforth for ever after, as firm, magno sigillo suo sigillat. Actum prædic. stedfast, and available in the Law, as the tum ratificavit et contirmavit, et aciui illo same bad been fully and perfectly established, assensum suum regium dedit, prout per enacted, and contirmed, to be in every part easdem Literas Patentes cujus tenor sequithereof, immediately, wholly, and entirely tur in hæc verba, magis apte constat. executed, in like manner, form, and effect, as Here follows the king's Ratification, in which other Acts and Laws; The which being fully the Act is again recited and ratified. and determinately made, ordained, and enacted in this present Parliament: And if that upon the foresaid reasonable, amicable, and XLII.-The King's last Letter to the Pope. charitable ways and means, by the King's
A Duplicate. Highness to be experimented, moved, or compounded, or otherwise approved, it shall and
[Cotton Libr. l'itell. B. 13.) may appear, or be seen unto his Grace, that To the Pope's Holiness, 1532. this Realm shall be continually burdened and After most humble commendations, and charged with this, and such other intolerable most devout kissing of your blessed Feet. Exactions and Demands, as heretofore it Albeit that we have hitherto differed to make
answer to those Letters dated at Bonony, stop the mouths of them which would libe-
But as to that that is affirms that we should ever continue in hope or de. ed in your Letters, both of God's Law, and spair, so always the Remedy is attempted; Man's, otherwise than is necessary and truth, so that we being always a-healing, and never Int that be ascribed to the temerity and ig. healed, should be sick still. And this truly Dorance of vour Counsellors, and your Holi- was the chief cause why we did consult and Ass to be without all default, save only for take advice of evers Learned Man, being that ve do not admit more discreet and free, without all affection, that the Truth learned Men to be your Counsellors, and (which now with our labour and sludy we
seem partly to have attained) by their judg. in that they do affirm that we know to be ments more manifestly divulged, we might otherwise, we should offend God and our more at large perceive; whese Judgments Conscience, and we should be a great slander and Opinions it is easy to see how much they to them that do the contrary, which be a great differ from that, that those few Men of yours number, as we have before rehearsed : Also, do shew unto you, and by these your Letters if we should dissent from those things which is signified. Those few Men of yours do your Holiness doth pronounce, we would acaffirm the probibition of our Marriage to be count it not lawful, if there were not a Cause inducted only by the Law positive, as your to defend the Fact, as we now do, being comHoliness hath also written in your Letters ; pelled by necessity, lest we should seem but all others say the prohibition to be in- contemn the Authority of the See Apostolick. ducted, both by the Law of God and Nature: Therefore your Holiness ought to take it in Those Men of yours do suggest that it may be good part, tho we do somewhat at large and dispensed for avoiding of slanders; The others more liberally speak in this Cause, wbich utterly do contend, that by no means it is doth so oppress us, specially forasmuch as we lawful to dispense with that, that God and pretend none atrocity, nor use no rhe orick Nature bath forbidden. We do separate in the exaggerating and encreasing the indig. from our Cause the Authority of the See nity of the Matter; but if I speak of any Apostolick, which we do perceive to be des. thing that toucheth the quick, it proceedech titute of that Learning whereby it should be of the mere verity, which we cannot nor directed; and because your Holiness doth ought not to hide in this Cause, for it touchever profess your ignorance, and is wont 10 eth not Worldly Things but Divine, not frail speak of other Mens mouths, we do confer but eternal ; in which things no feigned, tbe sayings of those, with the sayings of them false, nor painted Reasons, but only the that be of the contrary Opinion ; for to con- Truth, shall obtain and take place : and God fer the Reasons it were too long. But now is the Truth to whom we are bound to obey the Universities of Cambridge, Oxford, in rather than to Men; and nevertheless we our Realms ; Paris, Orleans, Biturisen, An- cannot but obey unto Men also, as we were degavon, in France; and Bonony, in Italy, wont to do, unless there be an express cause by one consent; and also divers other of the why we should not; which by those our Letmost famous and Learned Men, being freed ters we now do to your Holiness: and we do from all affection, and only moved in respect it with charity, not intending to spread it of verity, partly in Italy, and partly in abroad, nor yet further to impugn your AuFrance, do affirm the Marriage of the Brother thority, unless you do compel us; albeit also, with the Brother's Wife, to be contrary both that that we do, doth not impugn your Au. to the Law of God and Nature; and also do thority, but confirmeth the same, which we pronounce that no Dispensation can be law- revocate to its first foundations; and better ful or available to any Christian Man in that it is in the middle way to return, than always beball : But others think the contrary, by to run forth head-long and do ill. Wherewbose Counsels your Holiness hatb done fore if your Holiness do regard or esteem the that, that sithence ye have confessed ye tranquillity of our Mind, let the same be could not do, in promising to us as we have established with verity, which hath been above rehearsed, and giving that Commission brought to light by the consent of so many to the Cardinal Campege to be shewed unto Learned men; So shall your Holiness reduce us; and after, if it so should seem profitable and bring us to a certainty and quietness, and to burn it, as afterwards it was done indeed shall deliver us from all anxiety, and shall as we have perceived. Furthermore, those provide both for us and our Realm, and which so do moderate the Power of your finally shall do your Office and Duty. The Holiness, that they do affirm, That the same residue of our Affairs we have committed to cannot take away the Appellation which is our Ambassadours to be propounded unto yon, used by Man's Law, and yet is available to to whom we beseech your Holiness to give Divine Matters everywhere without distinc- credence, &c. tion. No Princes beretofore have more highly esteemed, nor honoured the See Apostolick than we have ; wherefore we be the more sorry to be provoked to this contention, XLIII.- A Promise made for engaging the which to our usage and nature is most alien Cardinal of Ravenna. An Original. ate and abhorred. Those things so cruel we
Rome, Februar. 7, 1532. write very heavily, and inore glad would have been to bave been silent if we might, and would
[Cotton Libr. Vitel.] have left your Authority untouched with a Ego Willielmus Benet Serenissimi Domini good will, and constrained to seek the verity, mei D. Henrici Octavi Angliæ, &c. R* is, we fell, against our Will, into this contention; in Romana Curia Orator, habens ad inscripta but the sincerity of the Truth protibited us to ab ipso Rege potestatem et facultaten, prout keep silence, and what should we do in so constat per ipsius Majestatis Literas Patentes great and many perplexities? For truly if datas in Regia sua Greenewici die penultima we should obey the Letters of your Holiness, Decemb. M. D. XXXI. manu sua propria
suprascriptas, et secreto sigillo suo sigillatas; Letters promised. The Copies of all the Quoniam in ipsius Regis arduis negotiis ex- which Justifications, Objections, and Answers, pertus sum singularem et præclarain operam after that they were fully noted and deduced Reverendissimi in Christo Patris et Domini in writing, and maturely considered by your D. Henrici Sancti Eusebii S. R. E. Presby. Highness's Learned Counsel, I Edward Karne teri Cardinalis Ravennæ, quibus et deinceps did bring to the Pope's Holiness, and to this uli capio, ut eandem semper voluntatem et Cardinals, for their better information : and operam sua Dominatio Reverendissima erga likewise did of the first, alwise afore the ipsum regem præstet, libere promitto eidem Consistory, according to the order assigned Cardinali nomine dicti mei Regis, quod sua at the beginning : looking in likewise that the Majestas provideri faciet eidem Cardinali, Queen's Counsel should do this same, but as dealiquo Monasterio seu Monasteriis aut aliis yet they have done nothing therein, tho your beneficiis Ecclesiasticis in Regno Galliæ pri- Ambassadors and I bave called upon the Pope mo vacaturis, usq; ad valorem annuum sex many times for the same. And as concern. millium ducatorum: Et insuper promitto quod ing such things as were spoken and done for Rex Angliæ prædictus præsentabit, seu nomi- either part in the disputation of the 20th day, nabit eundem Cardinalem ad Ecclesiam Ca- it is not possible for us, by reason of the shortthedralem primo quovis modo vacaturam, seu ness of time, to reduce all in good order, and et ad præsens racantem, in Regno Angliæ, et to send the same to your Highness at this de illa ei provideri faciet; et casu quo Ec- time; nerertheless with all speed it shall be clesia primo vacatura bujusmodi, ceu ad præ. made ready, and sent to your Highness by sens vacaos, non fit Ecclesia Eliensi, promitto the next Courier. After the Disputation etiain quod succedente postea vacatione Ec- done, the said 13th day of this present, the clesiæ Eliensis, Rex Angliæ transferri faciet Advocate of the Party adverse did alledg, eundem Cardinalem, si ipsi Cardinali magis That we did seek this Disputation but only placuerit, ab illa alia Ecclesia de qua provi- to defer the Process ; protesting therefore, sus erit, ad Ecclesiam Eliensem: et dictorum That the Queen's Counsel would dispute no Monasterioruin et Beneficiorum Ecclesiasti. more; and desiring therefore the Pope's Hocorum in Regno Galliæ, et Ecclesiæ Cathe- liness, and the whole Consistory, to make dralis in Reyno Angliæ possessionem paci- Process in the principal Cause. Whereunto ficam, cum fructuum perceptione, ipsum Car- I Edward Karne said, That the Pope's Holidinalem assequi faciet: Et hæc omnia libere ness, with the whole Senate, had granted the promitto, quod Rex ineus supradictus plenis- Disputations upon the Matters, and given an sime et sine ulla prorsus exceptione ratifica. order that the Conclusions published should bit el observabit et exequetur; in quorum be disputed according to the same. Wherefidem priesentes manu mea propria scripsi et upon I desired that forasmuch as there re. subscripsi, sigilloq; murivi. Dat. Rom. die mained sixteen Conclusions not disputed septimo Februarii, M. D. XXXII.
(wbich to propose and justify, with your BighThis is all written with his own hand, und was ness's Counsel, I would be ready at all timest sent over by him to the King. that if the Party adverse knowing the Conclu
sions to be Canonical, would not confess them
and thereby avoid Disputations, that then the XLIV.- Bonner's Letter about the proceedings refusal of both the same, the Matters excusa
said Party should dispute them, and upon the at Rome. An original.
tories to be admitted by his Holiness, espeRome, April 29, 1532.
cially because the said Party adverse bats (Cotton Libr. Vitel. B. 13.) nothing material that could be perceived to Pleasetu it your Highness; This is to lett the same. The Pope's Holiness answered, advertise the same that sithen we William That he would deliberate upon the demand Broer, Edward Karne, and Edmond Bonner, of both Parties. The 16th of this present, set our Letters of the 7th of this present to the Datary on the Pope's behalf sent unto me your Highness ; There hath been two Dispu. Edward Karne an Intimation for disputation tations publick, the one the 13th of this, ibe of the Consistory to be kept the 20 of this other the 20th day of the same, according to present, and that I should send the Concluthe order given and assigned, which was three sions not disputed, that they might be in the Conclusions to be disputed every Consistory; said Consistory disputed; adding withal, that and what wils spoken, as well by your High- the said Consistory should be, ultimus et per. Dess's Counsel, for the justification of the Con- emptorius terminus quoad alias Disputationes. clusion purposed on the said 13th, as also for Of the which Intimation your Highness shall the impugnation thereof by the Party adverse, receive a Copy herewith. Upon this, with with answers made thereunto by your High- the advice of your Ambassadors and Counse! Dess's said Counsel as fully as were any wise here, I repaired unto the said Datary, and deduced, your said Higbress shall perceive brought unto him three Conclusions to be disby the Books sent here withal containing the puted, with a Protestation, De non recedendo same; and also the Justifications, Objections, ab ordine huctenus observato, according to the and Answers, made in the oth of this present, Proem of the said Conclusions, the Copy according as I Edward Karne in my said whereof your Highness shall receive herewiib
Afterwards, with the same Conclusions and declared by me; which was much more than Protestation, I went to Cardinal de Monte, for them to sit in their Chairs two or three who said, at the beginning, That all the Con- hours in a week, to hear the justice of your sistory crieth out upon the Disputations, and defence in this cause. And as touching the that we had been heard sufficiently, and that manner used in the said Disputation, I said, it was enough that we should have the fourth his Lordship knew well that it was by the Disputation ; adding withal, That it was a Party adverse, wbich all manner of ways thing never seen before after such sort; and goeth about to fatigate and make weary the that it stood not with the honour of the See Consistory of the Disputations, specially in to bave such Disputations in the Consistory, chiding, scolding, and alledging Laws and to the great disqnieting of the Pope and the Decisions that never were, nor spoken of by Cardinals, especially considering the manner any Doctor, and vainly continuing the ume, that is used, and that all the Conclusions be to the intent that the Pope's Holiness, and touched which should content us. To this I the Cardinals, dissolving the Consistory, answered, and desired his most Reverend and not giving audience, the said Party, Lordship to call to his remembrance, what he without Law, Reason, or any good ground. had promised to your Highness's Ambassadors might attain their desire, and heep under and me, in the Castel-Angel upon Shrove- the Truth, that it should not appear; and Sunday, the Pope being present, and allow- if any thing was sharply spoken of our ing the same, contented that all the Conclu- Party, I said it was done only for our sions should be disputed singulariter; and that defence, and to shew the errors and falsity I should at my pleasure, from time to time, of the Queen's Advocates in their Allegachuse the Conclusions to be disputed. And tions, wherein, I said, they should not be how also afterward, viz. 17 Febr. the Pope's spared. And forasmuch as on the behalf of Holiness, Cardinal Ancona, and his Lordship, your Highness there was nothing spoken but not going from that promise, gave direction that which was grounded upon Law, and defor three Conclusions to be disputed every clared in what place, so that it cannot be deConsistory ; the cboice whereof to be at my nied ; I desired his Lordship that he would liberty (according to the Copy of the said continue his goodness in this Matter, as your Order which I sent to your Highness with Highness's especial trust was he would do; my Letters of the date of the 22 of the last): and that we might always, as we were accusAnd furthermore, that wbat time the order tomed, bave recourse unto the same in all our to dispute three Conclusions in a Consistory Business for his good belp and counsel. His was sent unto me, and I required to send the Lordship not yet satisfied, said, That as conConclusions first to be disputed according to cerning the Order, the Pope's Holiness might the said order; I did, to avoid all manner of interpretate and declare what he meaned by doubts, protest afore I would accept it, and it; and as touching the Conclusions, they in the deliverance of the said Conclusions, were superfluous, impertinent, and calunni. that I would not otherwise accept it, but that ous, only proposed to defer the Matter. I all the Conclusions, according to the order answered, and said, That to interpretate the promised in Castel-dngel should be disputed said Order, where it is clear out of doubt, the and examined singulurier, and that standing, Pope's Holiness considering the promise made and not otherwise, I delivered my said Con- on Shrove-Sunday, with my Protestation fureclusions according to the Order of the 17th said, and the execution of the said Order to of February; which Order the Pope's Holi ihat time, in divers Consistories observed, ness hitherto had approved and observed, could not by right interpretate the said Order, and from that I neither could nor would go admitting disputation upon all the Conclufrom : And where be said that we bad been sions; and of this I said, That if sucb alteraheard sufficiently; I said, that Audience and tions were made, without any cause given of Information of less than the one half of a your Highness's Party, there was little cerMatter could not be sufficient; and if they tainty to be reckoned upon amongst them. intended to see the truth of the whole, every And as touching the superfluity and imperpoint must be discussed. And as for the tiuency of the said Conclusions, I said, That crying out of the Cardinals, I said, They had that was the saying of the Party adverse, that no cause so to do, for it was more for the did not understand the same Conclusions. honour of the See Apostolick, to see such a And further, that such Conclusions as were Cause as this is, well and surely tried, so that clamorously, by the Advocates of the Party the Truth may appear, and the Alatters be adverse, alledged to be superfluous, his Lordwell known, than to proceed præcipitanter, as ship in the Disputation and trial thereof in they did at the beginning of this Matter, afore the Consistory, did manifestly perceive that they well knew what the Mailer was. And it was not so. And where it was alledged as touching the disquieting the Pope's Holi- the said Conclusions to be calumnious, and ness, and the said Cardinals, I said, your laid in to defer the Process. I answered, Highness for their pains was much beholden That we might well alledg again the Counsel unto them; nevertheless, I said, that they of the Party adverse, the ihing against us al. might on the other side ponder such pains as ledged, and say truly, that we were calumniyour Highness hath taken for them, in part ously dealed withal, seeing the matters were