of Rome, amicably, charitably, and reasonably, to compound, other to extinct and make frustrate the payments of the said Annates, or First Fruits; or else by some friendly, loving, and tolerable composition to moderate the same in such wise as may be by this Realm easily born and sustained; That then those ways and compositious once taken, concluded, and agreed between the Pope's Holiness and the King's Highness, shall stand in strength, force, and effect of Law, inviolably to be observed. And it is also further ordained, and enacted by the Authority of this present Parliament, That the King's Highness at any time, or times, on this side the Feast of Easter, which shall be in the Year of our Lord God, a thousand five hundred and three and thirty, or at any time on this side the beginning of the next Parliament, by his Letters Patents under his Great Seal, to be made, and to be entred of Record in the Roll of this present Parliament, may and shall have full power and liberty to declare, by the said Letters Patents, whether that the Premisses, or any part, clause, or matter thereof, shall be observed, obeyed, executed, and take place and effect, as an Act and Statute of this present Parliament, or not. So that if his Highness, by his said Letters Patents, before the expiration of the times above-limited, thereby do declare his pleasure to be, That the Premisses, or any part, clause, or matter thereof, shall not be put in execution, observed, continued, nor obeyed, in that case all the said Premisses, or such part, clause, or matter, as the King's Highness so shall refuse, disaffirm, or not ratifie, shall stand and be from henceforth utterly void and of none effect. And in case that the King's Highness, before the expiration of the times afore prefixed, do declare by his said Letters Patents, his pleasure and determination to be, that the said Premisses, or every clause, sentence, and part thereof, that is to say, the whole, or such part thereof as the King's Highness so shall affirm, accept, and ratifie, shall in all points stand, remain, abide, and be put in due and effectual execution, according to the purport, tenour, effect, and true meaning of the same; and to stand and be from henceforth for ever after, as firm, stedfast, and available in the Law, as the same had been fully and perfectly established, enacted, and confirmed, to be in every part thereof, immediately, wholly, and entirely executed, in like manner, form, and effect, as other Acts and Laws; The which being fully and determinately made, ordained, and enacted in this present Parliament: And if that upon the foresaid reasonable, amicable, and charitable ways and means, by the King's Highness to be experimented, moved, or compounded, or otherwise approved, it shall and may appear, or be seen unto his Grace, that this Realm shall be continually burdened and charged with this, and such other intolerable Exactions and Demands, as heretofore it hath been. And that thereupon, for continuance of the same, our said Holy Father the Pope, or any of his Successors, or the Court of Rome, will, or do, or cause to be done at any time hereafter, so as is above rehearsed, unjustly, uncharitably, and unreasonably vex inquiet, molest, trouble, or grieve our said Sovereign Lord, his Heirs or Successors, Kings of England, or any of his or their Spiritual or Lay-Subjects, or this his Realm, by Excommunication, Excomengement, Interdiction; or by any other Process, Censures, Compulsories, Ways, or Means; Be it Enacted by the Authority aforesaid, That the King's Highness, his Heirs and Successors, Kings of England, and all his Spiritual and Lay-Subjects of the same, without any scruples of Conscience, shall and may lawfully, to the honour of Almighty God, the encrease and continuance of vertue and good example within this Realm, the said Censures, Excommunications, Interdictions, Compulsories, or any of them notwithstanding, minister, or cause to be ministred, throughout this said Realm, and all other the Dominions or Territories belonging or appertaining thereunto; All and all manner Sacraments, Sacramentals, Ceremonies, or other Divine Services of the Holy Church, or any other thing or things necessary for the health of the Soul of Mankind, as they heretofore at any time or times have been vertuously used or accustomed to do within the same; and that no manner such Censures, Excommunications, Interdictions, or any other Process or Compulsories, shall be by any of the Prelates, or other Spiritual Fathers of this Region, nor by any of their Ministers or Substitutes, be at any time or times hereafter published, executed, nor divulged, nor suffered to be published, executed, or divulged in any manner of ways. Cuí quidem Billæ prædictæ et ad plenum intellecta per dictum Dominum Regem ex assensu et Autoritate Parliamenti pradicti taliter est Responsum, Le Rey le Volt Soit Baille aux comunes A cest Bille Les comunes sont assentes. MEMORAND. quod nono die Julii, Anno Regni Regis Henrici vicesimo quinto, idem Dominus Rex per Literas suas Patentes sub magno sigillo suo sigillat. Actum prædic tum ratificavit et confirmavit, et actui illo assensum suum regium dedit, prout per easdem Literas Patentes cujus tenor sequitur in hæc verba, magis apte constat. Here follows the King's Ratification, in which the Act is again recited and ratified. XLII.-The King's last Letter to the Pope. A Duplicate. [Cotton Libr. Vitell. B. 13.] To the Pope's Holiness, 1532. AFTER most humble commendations, and most devout kissing of your blessed Feet. Albeit that we have hitherto differed to make answer to those Letters dated at Bonony, the 7th day of October; which Letters of late were delivered unto us by Paul of Cassali: Yet when they appear to be written for this Cause, that we deeply considering the Contents of the same, should provide for the tranquillity of our Conscience, and should purge such Scruples and Doubts conceived of our Cause of Matrimony; We could neither neglect those Letters sent for such a purpose, nor after that we had diligently examined and perpended the effects of the same, which we did very diligently, noting, conferring, and revolving every thing in them contained, with deep study of mind, pretermit ne leave to answer unto them. For sith that your Holiness seemeth to go about that thing chiefly, which is to vanquish those Doubts, and to take away inquietations which daily do prick our Conscience; insomuch as it doth appear at the first sight to be done of Zeal, Love, and Piety, we therefore do thank you of your good will. Howbeit sith it is not performed in Deed, that ye pretend, we have thought it expedient to require your Holiness to provide us other Remedies; wherefore forasmuch as your Holiness would vouchsafe to write unto us concerning this Matter, we heartily thank you, greatly lamenting also both the chance of your Holiness, and also ours, unto whom both twain it hath chanced in so high a matter of so great moment to be frustrated and deceived; that is to say, That your Holiness not being instructed, nor having knowledge of the Matter, of yourself, should be compelled to hang upon the judgment of others, and so put forth and make answers, gathered of other Men, being variable repugnant among themselves. And that we being so long sick, and exagitate with this same Sore, should so long time in vain look for Remedy; which when we have augmented our ægritude and distress, by delay and protracting of time, ye do so cruciate the Patient and Afflicted, as who seeth it should much avail to protract the Cause, and thorough vain hope of the end of our desire to lead us whither ye will. But to speak plainly to your Holiness; Forasmuch as we have suffered many Injuries, which with great difficulty we do sustain and digest; albeit that among all things passed by your Holiness, some cannot be laid, alledged, nor objected against your Holiness, yet in many of them some default appeareth to be in you, which I would to God we could so diminish as it might appear no default; but it cannot be hid, which is so manifest, and tho we could say nothing, the thing it self speaketh. But as to that that is affirm ed in your Letters, both of God's Law, and Man's, otherwise than is necessary and truth, let that be ascribed to the temerity and ignorance of your Counsellors, and your Holiness to be without all default, save only for that ye do not admit more discreet and learned Men to be your Counsellors, and stop the mouths of them which would liberally speak the Truth. This truly is your default, and verily a great fault, worthy to be alienate and abhorred of Christ's Vicar, in that ye have dealt so variably, yea rather so inconstantly and deceivably. Be ye not angry with my words, and let it be lawful for me to speak the Truth without displeasure; if your Holiness shall be displeased with that we do rehearse, impute no fault in us, but in your own Deeds; which Deeds have so molested and troubled us wrongfully, that we speak now unwillingly and as enforced thereunto. Never was there any Prince so handled by a Pope, as your Holiness hath intreated us First; When our Cause was proponed to your Holiness, when it was explicated and declared afore the same; when certain Doubts in it were resolved by your Counsellors, and all things discussed, it was required that answer might be made thereunto by order of the Law. There was offered a Commission, with a promise also that the same Commission should not be revoked; and whatsoever Sentence should be given, should straight without delay be confirmed. The Judges were sent unto us, the Promise was delivered to us, subscribed with your Holiness's hand; which avouched to confirm the Sentence, and not to revoke the Commission, nor to grant any thing else that might lett the same; and finally to bring us in a greater hope, a certain Commission Decretal, defining the Cause, was delivered to the Judges hands. If your Holiness did grant us all these things justly, ye did injustly revoke them; and if by good and truth the same was granted, they were not made frustrate nor annihilate without fraud; so as if there were no deceit nor fraud in the Revocation, then how wrongfully and subtilly have been done those things that have been done! Whether will your Holiness say, That ye might do these things that ye have done, or that ye might not do them? If ye will say that ye might do them, where then is the Faith which becometh a Friend, yea, and much more a Pope to have, those things not being performed, which lawfully were promised? And if ye will say that ye might not do them, have we not then very just cause to mistrust those Medicines and Remedies with which in your Letters ye go about to heal our Conscience, especially in that we may perceive and see those Remedies to be prepared for us, not to relieve the Sickness and Disease of our Mind, but for other means, pleasures, and worldly respects? And as it should seem profitable, that we should ever continue in hope or despair, so always the Remedy is attempted; so that we being always a-healing, and never healed, should be sick still. And this truly was the chief cause why we did consult and take advice of every Learned Man, being free, without all affection, that the Truth (which now with our labour and study we seem partly to have attained) by their judgments more manifestly divulged, we might more at large perceive; whose Judgments and Opinions it is easy to see how much they differ from that, that those few Men of yours do shew unto you, and by these your Letters is signified. Those few Men of yours do affirm the prohibition of our Marriage to be inducted only by the Law positive, as your Holiness hath also written in your Letters; but all others say the prohibition to be in ducted, both by the Law of God and Nature: Those Men of yours do suggest that it may be dispensed for avoiding of slauders; The others utterly do contend, that by no means it is lawful to dispense with that, that God and Nature bath forbidden. We do separate from our Cause the Authority of the See Apostolick, which we do perceive to be destitute of that Learning whereby it should be directed; and because your Holiness doth ever profess your ignorance, and is wont to speak of other Mens mouths, we do confer the sayings of those, with the sayings of them that be of the contrary Opinion; for to confer the Reasons it were too long. But now the Universities of Cambridge, Oxford, in our Realms; Paris, Orleans, Biturisen, Andegavon, in France; and Bonony, in Italy, by one consent; and also divers other of the most famous and Learned Men, being freed from all affection, and only moved in respect of verity, partly in Italy, and partly in France, do affirm the Marriage of the Brother with the Brother's Wife, to be contrary both to the Law of God and Nature; and also do pronounce that no Dispensation can be lawful or available to any Christian Man in that behalf: But others think the contrary, by whose Counsels your Holiness hath done that, that sithence ye have confessed ye could not do, in promising to us as we have above rehearsed, and giving that Commission to the Cardinal Campege to be shewed unto us; and after, if it so should seem profitable to burn it, as afterwards it was done indeed as we have perceived. Furthermore, those which so do moderate the Power of your Holiness, that they do affirm, That the same cannot take away the Appellation which is used by Man's Law, and yet is available to Divine Matters everywhere without distinction. 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, which to our usage and nature is most alienate and abhorred. Those things so cruel we write very heavily, and more glad would have been to have been silent if we might, and would have left your Authority untouched with a good will, and constrained to seek the verity, we fell, against our Will, into this contention; but the sincerity of the Truth prohibited us to keep silence, and what should we do in so great and many perplexities? For truly if we should obey the Letters of your Holiness, in that they do affirm that we know to be otherwise, we should offend God and our Conscience, and we should be a great slander to them that do the contrary, which be a great number, as we have before rehearsed: Also, if we should dissent from those things which your Holiness doth pronounce, we would account it not lawful, if there were not a Cause to defend the Fact, as we now do, being compelled by necessity, lest we should seem to contemn the Authority of the See Apostolick. Therefore your Holiness ought to take it in good part, tho we do somewhat at large and more liberally speak in this Cause, which doth so oppress us, specially forasmuch as we pretend none atrocity, nor use no rhetorick in the exaggerating and encreasing the indig nity of the Matter; but if I speak of any thing that toucheth the quick, it proceedeth of the mere verity, which we cannot nor ought not to hide in this Cause, for it toucheth not Worldly Things but Divine, not frail but eternal; in which things no feigned, false, nor painted Reasons, but only the Truth, shall obtain and take place and God is the Truth to whom we are bound to obey rather than to Men; and nevertheless we cannot but obey unto Men also, as we were wont to do, unless there be an express cause why we should not; which by those our Letters we now do to your Holiness and we do it with charity, not intending to spread it abroad, nor yet further to impugn your Authority, unless you do compel us; albeit also, that that we do, doth not impugn your Authority, but confirmeth the same, which we revocate to its first foundations; and better it is in the middle way to return, than always to run forth head-long and do ill. Wherefore if your Holiness do regard or esteem the tranquillity of our Mind, let the same be established with verity, which hath been brought to light by the consent of so many Learned men; So shall your Holiness reduce and bring us to a certainty and quietness, and shall deliver us from all anxiety, and shall provide both for us and our Realm, and finally shall do your Office and Duty. The residue of our Affairs we have committed to our Ambassadours to be propounded unto you, to whom we beseech your Holiness to give credence, &c. : XLIII.-A Promise made for engaging the [Cotton Libr. Vitel.] EGO Willielmus Benet Serenissimi Domini mei D. Henrici Octavi Angliæ, &c. Reis, in Romana Curia Orator, habens ad inscripta ab ipso Rege potestatem et facultatem, prout constat per ipsius Majestatis Literas Patentes datas in Regia sua Greenewici die penultima Decemb. M. D. XXXI. manu sua propria suprascriptas, et secreto sigillo suo sigillatas; Quoniam in ipsius Regis arduis negotiis expertus sum singularem et præclaram operam Reverendissimi in Christo Patris et Domini D. Henrici Sancti Eusebii S. R. E. Presbyteri Cardinalis Ravennæ, quibus et deinceps uti cupio, ut eandem semper voluntatem et operam sua Dominatio Reverendissima erga ipsum regem præstet, libere promitto eidem Cardinali nomine dicti mei Regis, quod sua Majestas provideri faciet eidem Cardinali, de aliquo Monasterio seu Monasteriis aut aliis beneficiis Ecclesiasticis in Regno Galliæ primo vacaturis, usq; ad valorem annuum sex millium ducatorum: Etinsuper promitto quod Rex Anghæ prædictus præsentabit, seu nominabit eundem Cardinalem ad Ecclesiam Cathedralem primo quovis modo vacaturam, seu et ad præsens vacantem, in Regno Angliæ, et de illa ei provideri faciet; et casu quo Ecclesia primo vacatura hujusmodi, ceu ad præ. sens vacans, non fit Ecclesia Eliensi, promitto etiam quod succedente postea vacatione Ecclesiæ Eliensis, Rex Augliæ transferri faciet eundem Cardinalem, si ipsi Cardinali magis placuerit, ab illa alia Ecclesia de qua provisus erit, ad Ecclesiam Eliensem: et dictorum Monasteriorum et Beneficiorum Ecclesiasticorum in Regno Galliæ, et Ecclesiæ Cathedralis in Regno Angliæ possessionem pacificam, cum fructuum perceptione, ipsum Cardinalem assequi faciet: Et hæc omnia libere promitto, quod Rex meus supradictus plenissime et sine ulla prorsus exceptione ratificabit et observabit et exequetur; in quorum fidem præsentes manu mea propria scripsi et subscripsi, sigilloq; munivi. Dat. Rom. die septimo Februarii, M. D. XXXII. Letters promised. The Copies of all the which Justifications, Objections, and Answers, after that they were fully noted and deduced in writing, and maturely considered by your Highness's Learned Counsel, I Edward Karne did bring to the Pope's Holiness, and to the Cardinals, for their better information and likewise did of the first, alwise afore the Consistory, according to the order assigned at the beginning: looking in likewise that the Queen's Counsel should do this same, but as yet they have done nothing therein, tho your Ambassadors and I have called upon the Pope many times for the same. And as concern. ing such things as were spoken and done for either part in the disputation of the 20th day, it is not possible for us, by reason of the shortness of time, to reduce all in good order, and to send the same to your Highness at this time; nevertheless with all speed it shall be made ready, and sent to your Highness by the next Courier. After the Disputation done, the said 13th day of this present, the Advocate of the Party adverse did alledg, That we did seek this Disputation but only to defer the Process; protesting therefore, That the Queen's Counsel would dispute no more; and desiring therefore the Pope's Holiness, and the whole Consistory, to make Process in the principal Cause. Whereunto I Edward Karne said, That the Pope's Holiness, with the whole Senate, had granted the Disputations upon the Matters, and given an order that the Conclusions published should be disputed according to the same. Whereupon I desired that forasmuch as there remained sixteen Conclusions not disputed (which to propose and justify, with your High This is all written with his own hand, and was ness's Counsel, I would be ready at all times) sent over by him to the King. XLIV.—Bonner's Letter about the proceedings [Cotton Libr. Vitel. B. 13.] that if the Party adverse knowing the Conclusions to be Canonical, would not confess them and thereby avoid Disputations, that then the refusal of both the same, the Matters excusasaid Party should dispute them, and upon the tories to be admitted by his Holiness, espe cially because the said Party adverse hath nothing material that could be perceived to lett the same. The Pope's Holiness answered, That he would deliberate upon the demand of both Parties. The 16th of this present, the Datary on the Pope's behalf sent unto me Edward Karne an Intimation for disputation of the Consistory to be kept the 20 of this present, and that I should send the Conclusions not disputed, that they might be in the said Consistory disputed; adding withal, that the said Consistory should be, ultimus et peremptorius terminus quoad alias Disputationes. Of the which Intimation your Highness shall receive a Copy herewith. Upon this, with the advice of your Ambassadors and Counsel here, I repaired unto the said Datary, and brought unto him three Conclusions to be disputed, with a Protestation, De non recedendo ab ordine hactenus observato, according to the Proem of the said Conclusions, the Copy whereof your Highness shall receive herewith 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, 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 manner any Doctor, and vainly continuing the time, 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 keep 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 how also afterward, viz. 17 Febr. the Pope's Holiness, Cardinal Ancona, and his Lordship, not going from that promise, gave direction for three Conclusions to be disputed every Consistory; the choice whereof to be at my liberty (according to the Copy of the said Order which I sent to your Highness with my Letters, of the date of the 22 of the last): And furthermore, that what time the order to dispute three Conclusions in a Consistory was sent unto me, and I required to send the Conclusions first to be disputed according to the said order; I did, to avoid all manner of doubts, protest afore I would accept it, and in the deliverance of the said Conclusions, that I would not otherwise accept it, but that all the Conclusions, according to the order promised in Castel-Angel should be disputed and examined singulariter, and that standing, and not otherwise, I delivered my said Conclusions according to the Order of the 17th of February; which Order the Pope's Holiness hitherto had approved and observed, and from that I neither could nor would go from: And where he said that we had been heard sufficiently; I said, that Audience and Information of less than the one half of a Matter could not be sufficient; and if they intended to see the truth of the whole, every point must be discussed. And as for the crying out of the Cardinals, I said, They had Lo cause so to do, for it was more for the honour of the See Apostolick, to see such a Cause as this is, well and surely tried, so that the Truth may appear, and the latters be well known, than to proceed præcipitanter, as they did at the beginning of this Matter, afore they well knew what the Matter was. And as touching the disquieting the Pope's Holiness, and the said Cardinals, I said, your Highness for their pains was much beholden unto them; nevertheless, I said, that they might on the other side ponder such pains as your Highness hath taken for them, in part tions, wherein, I said, they should not be spared. And forasmuch as on the behalf of your Highness there was nothing spoken but that which was grounded upon Law, and declared in what place, so that it cannot be denied; I desired his Lordship that he would continue his goodness in this Matter, as your Highness's especial trust was he would do; and that we might always, as we were accustomed, have recourse unto the same in all our Business for his good help and counsel. His Lordship not yet satisfied, said, That as concerning the Order, the Pope's Holiness might interpretate and declare what he meaned by it; and as touching the Conclusions, they were superfluous, impertinent, and calumnious, only proposed to defer the Matter. I answered, and said, That to interpretate the said Order, where it is clear out of doubt, the Pope's Holiness considering the promise made on Shrove-Sunday, with my Protestation foresaid, and the execution of the said Order to that time, in divers Consistories observed, could not by right interpretate the said Order, admitting disputation upon all the Conclusions; and of this I said, That if such alterations were made, without any cause given of your Highness's Party, there was little certainty to be reckoned upon amongst them. And as touching the superfluity and impertinency of the said Conclusions, I said, That that was the saying of the Party adverse, that did not understand the same Conclusions. And further, that such Conclusions as were clamorously, by the Advocates of the Party adverse, alledged to be superfluous, his Lordship in the Disputation and trial thereof in the Consistory, did manifestly perceive that it was not so. And where it was alledged the said Conclusions to be calumnious, and laid in to defer the Process. I answered, That we might well alledg again the Counsel of the Party adverse, the thing against us al ledged, and say truly, that we were calumniously dealed withal, seeing the matters were |