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of Rome, amicably, charitably, and reason- hath been. And that thereupon, for continu. ably, 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 cause to be done at loving, and tolerable composition to moderate any time hereafter, so as is above rehearsed, the same in such wise 18 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 the 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 his Realm, 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 Enact. present Parliament, That the fing's High: ed by the Authority aforesaid, that the King's Dess at any time, or times, on this side ihe Highness, bis Heirs and Successors, kings of Feast of taster, wbich shall be in the Year England, and all his Spiritual and Lay-Subof our Lord God, a thousand 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, continuance of vertue and good example wiibto be made, and to be entred of Record in the in this Realm, the said Censures, Excoinmu. Roll of this present Parliament, may and nications, interdictions, Compulsories, or any shall have full power and liberty to declare, of them not withstanding, minister, or cause by the said Letters Patents, whether that to be ministred, throughout this said Realm, the Premisses, or any part, clause, or matter 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, Cere. tute 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 bealth 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 shall refuse, disaffirm, or not ratifie, of this Region, nor by any of their Ministers shall stand and be from henceforth utterly or Substitutes, be at any time or times bere. void and of none effect. And in case tbat after published, executed, nor divulged, nor the King's llighness, before the expiration of suffered to be published, executed, or divulgthe times afore prefixed, do declare by his ed in any manver of ways. Cui quidem Billa said Letters Patents, his pleasure and deter- prædicta et ad plenum intellecta per dictum Do. mination to be, that the said Premisses, or minum Regem er assensu et Autoritate Parliaevery clause, sentence, and part thereof, that menti pradicti taliter est Responsum, is to say, the whole, or such part thereof as Le Rey le Volt Soit Baille ans comunes the King's Highness so shall affirm, accept,
A cest Bille Les comunes sont assentes. and ratitie, shall in all points stand, remain, abide, and be put iu due aad 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 prædicstedfast, and available in the Law, as the tum ratificavit et confirmavit, et actui iilo same had been fully and perfectly established, assensum suum regium dedit, prout per engeted and confirmed to be in every part easdem Literas Patentes cujus tenor sequienacted, and confirmed, to be in every part thereof, immediately, wholly, and entirely tur in bæc 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 Art is again recited and ratified. and determinately made, ordained, and en. acted 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 com
[Cotton Libr. Vitell. B. 13.) pounded, or otherwise approved, it shall and 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 libethe 7th day of October; which Letters of late rally speak the Truth. This truly is your were delivered unto us by Paul of Cassali: default, and verily a great fault, worthy to Yet when they appear to be written for this be alienate and abhorred of Christ's Vicar, Cause, that we deeply considering the Con- in that ye have dealt so variably, yea rather tents of the same, should provide for the so inconstantly and deceivably. Be ye not tranquillity of our Conscience, and should angry with my words, and let it be lawful pure such Scruples and Doubts conceived for me to speak the Truth without displea. of our Cause of Matrimony; We could nei. sure ; if your Holiness shall be displeased ther neglect those Letters sent for such a with that we do rehearse, impute no fauit in purpose, nor after that we had diligently ex- us, but in your own Deeds; which Deeds amined and perpended the effects of the have so molested and troubled us wrongfully, same, which we did very diligently, noting, that we speak now unwillingly and as enconferring. and revolving every thing in forced thereunto. Never was there any shen contained, with deep study of mind, Prince so handled by a Pope, as your Holipretermit ne leave to answer unto them. For ness hath intreated us First; When our sith that your Holiness seemeth to go about Cause was proponed to your Holiness, when that thing chiefly, which is to vanquish those it was explicated and declared afore the Doubts, and to take away inquietations same; when certain Doubts in it were rewhich daily do prick our Conscience; inso- solved by your Counsellors, and all things much as it doth appear at the first sight to discussed, it was required that answer might be done of Zeal, Love, and Piety, we there. be made thereunto by order of the Law. fore do thank you of your good will. Howbeit There was offered a Commission, with a prosith it is not performed in Deed, that ye pre- mise also that the same Commission should not tend, we have thought it expedient to require be revoked ; and whatsoever Sentence should your Holiness to provide us other Remedies; be given, should straight without delay be wherefore forasmuch as your Holiness would confirmed. The Judges were sent unto us, vouchsafe to write unto us concerning this the Promise was delivered to us, subscribed Matter, we heartily thank you, greatly la- with your Holiness's hand; which avouched menting also both the chance of your Holi- to confirm the Sentence, and not to revoke ness, and also ours, unto whom both twain the Commission, nor to grant any thing else it hath chanced in so high a matter of so that might lett the same; and finally to great moment to be frustrated and deceived; bring us in a greater hope, a certain Comthat is to say, That your Holiness not being mission Decretal, defining the Cause, was instructed, nor having knowledge of the delivered to the Judges bands. If your HoMatter, of yourself, should be compelled to liness did grant us all these things justly, ye hang upon the judgment of others, and so did injustly revoke them; and if by good put forth and make answers, gathered of and truth the same was granted, they were other Men, being variable repugnant among not made frustrate nor annihilate without themselves. And that we being so long sick, fraud; so as if there were no deceit nor and exagitate with this same Sore, should so fraud in the Revocation, then how wrongfully long time in vain look for Remedy; which and subtilly have been done tbose things when we have angiented our ægritude and that have been done! Whether will your distress, by delay and protracting of time, Holiness say, That ye might do these things ye do so cruciate the Patient and Afflicted, that ye have done, or that ye might not do as who seeth it should much avail to protract them? If ye will say that ye might do them, the Cause, and thorough vain hope of the end where then is the faith which becometh a of our desire to lead us whither ye will. But Friend, yea, and much more a Pope to bave, to speak plainly to visur Holiness; Foras- those things not being performed, which lawmuch as we have suffered many lujuries, fully were promised ? And if ye will say which with great diffculty we do sustain and that ye might not do them, have we not then digest; albeit that among all things passed very just cause to mistrust those Medicines by your Holiness, some cannot be laid, al- and Remedies with which in your Letters ye ledged, nor objected against your Holiness, go about to beal our Conscience, especially yet in many of them some default appeareth in that we may perceive and see those Re. to be in you, which I would to God we could medies to be prepared for us, not to reliere so diminish as it might appear no default; the Sickness and Disease of our Mind, but but it cannot be hid, which is so manifest, for other means, pleasures, and worldly reand tho we could say nothing, the thing it spects? And as it should seem profitable, self perketh. But as to that that is affirm- that we should ever continue in hope or deed 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 norance of your Counsellors, and your Holi- was the chief cause why we did consult and ness to be without all default, save only for take advice of every 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 study we seem partly to have attained) by their judge 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 to 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 slauders; 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 rhetorick Nature bath forbidden. We do separate in the exaggerating and encreasing the indig. from our Cause the Authority of the See nity of the Alatter ; but if I speak of any Apostolick, which we do perceive to be des. thing that toucheth the quick, it proceedeih 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 to 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, sball 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 Let. most 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 bebalf : But others think the contrary, by to run forth head-long and do ill. Where. whose 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 Iloliness, that they do affirm, That the same residue of our Affairs we have committed to cappot 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. ale and abhorred. Those things so cruel we
Rome, Februar. 7, 1532. write very heavily, and more glad would have been to have 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 prolibited us to ab ipso Rege potestatem et facultateni, 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 wo 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 præclaram 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 ul cupio, ut eandem semper voluntatem et Cardinals, for their better information : and operain 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 Mouasteriis 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: Etinsuper proinilto 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; nevertheless with all speed it shall be clesia primo vacatura hujusmodi, 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 Regno Angliæ possessionem paci. Process in the principal Cause. Whereunto ficani, cum fructuum perceptione, ipsum Car- I Edward Karne said, That the Pope's Holidinalein assequi faciet: Ei hæc omnia libere ness, with the whole Senate, had granted the promitto, quod Rex meus supradictus plenis- Disputations upon the Matters, and given an sime et sine ulla prorsus exceptione ratifica. order that the Conclusions published should bit et 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. sutscripsi, sigilloq; murivi. Dat. Rom. die mained sixteen Conclusions not disputed septimo Februarii, M. D. XXXII.
(wbich to propose and justify, with your HighThis is all written with his own hand, und was ness's Counsel, I would be ready at all times sent over by hiin to the King.
that if the Party adverse knowing the Conclusions to be Canonical, would not confess them
and thereby avoid Disputations, that then the XLIV.- Bonner's Letter about the proceedings
said Party should dispute them, and upon the al Rome. An original.
refusal of both the same, the Matters excusa
tories to be admitted by his Holiness, espeRome, April 29, 1532.
cially because the said Party adverse back (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 Brnel, 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, the 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 was spoken, as well by your High- the said Consistory should be, ultimus et perDess'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 Counsel Dess's said Counsel as fully as were any wise here, I repaired unto the said Datary, and deduced, your said Higbness shall perceive brought unto him three Conclusions to be disby the Books sent herewithal containing the puted, with a Protestation, De non recedendo same; and also the Justifications, Objections, ab ordine huctenus observuto, 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 Highorss shall receive berewith
Afterwards, with the same Conclusions and declared by me; which was much more than Protestation, I went to Cardinal de Moute, 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, which 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 have such Disputations in the Consistory, chiding, scolding, and alledging Laws and to the great disquieting of the Pope and the Decisions that never were, nor spoken of by Cardinals, especially considering the manuer any Doctor, and vainly continuing the ume, that is used, and that all the Conclusions be to the intent that the Por 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 anything 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 furtbermore, that what time the order tomed, have 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 wbat 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 calumnithat 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 singulariter, 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 admituing disputation upon all the Conclufrom: And where he said that we had 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 balf of a your Highness's Party, there was little cerMatier 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 tinency 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 Do 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 Maiter 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 thing against us al. night on the other side ponder such pains as ledged, and say truly, that we were calumni. your Highness bath taken for them, in part ously dealed withal, seeing the matters were