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II.

Cotton lib.

Vitell. b. 11.

fol. 92.

XXVII.

April 6. 1529.

The king's letter to his ambassadours, to hinder an avocation of the suit. An original.

Henry Rex.

By the king.

TRUSTY and right well-beloved we greet you well. Since your departure from hence, we have received sundry your letters to us directed, whereof the last beareth date at Rome, the 4th day of the last month; and have also seen such other as from time to time ye have sent to the most reverend father in God, our most entirely well-beloved counsellor the lord legate, cardinal, arch-bishop of York, primate of England, and our chancellour: by continue whereof, we have been advertised of the successes, as well of your journey thitherwards, as of such things as ye to that time had done in our causes to you committed; for the which your diligent advertisement, and good acquittal, we give unto you condign thanks: ascertaining you, We do not a little marvel, that in your said last letters aye shew so much desperation of any great favour to be had at the pope's hand in our said causes; considering that neither ye then had spoken with his holiness in the same, bne by such conferences as ye had had with Messer Jacobo Salviati, or other on his behalf, we can perceive but all good favour and towardness; tho' per-case the superiority of the imperials, and the common fame, led you to think the contrary: howbeit as you know no credence is to be given unto such common report, nor we trust the same shall prove more true, than hath done the opinion that was of the lord legate Campegius now here resident, whom we find and certainly know to be of a far other sort in his love and inclination towards us, than was spoken, not having such affection towards the emperor, as in him was suspected. And to be plain with you, if ever he had been of other mind, we have

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II.

said somewhat to him after such manner as might soon BOOK change that intention. So that little faith is to be given tó the outward sayings and opinions of such people as measure every thing at their pleasure; which we doubt not but ye right wisely do consider, and that ye have before this time, by your diligent sollicitation made to speak with the pope's holiness for declaration of your charge, proved the contrary. Whereof we shall be glad and joyous to hear; willing and desiring you therefore, according to the great and special confidence that we have in you, to pretermit no time in the diligent handling and execution of your said charge, but by one good way or other to find the mean, if dye have not already done it, to declare the same unto the pope, wherein the good advice and address of the bishop of Verone shall, we trust, do you great furtherance; and by whose means, if ye for the pope's extreme debility or sickness, might in no wise be often admitted unto his presence, ye may signifie unto him at great length, our whole mind, desire, and intent, after such form as your instructions and letters given and sent unto you in that behalf do purport: for sure ye may be, it shall highly confer unto the benefit of our causes, that ye have there present one so fast and assured friend unto us, as we trust the said bishop of Verone is, who shall be able right largely to countervail, and meet with the malicious practices of the archbishop of Capuan, who is thought to be one of the chief authors and contrivers of the falsities, crafts, and abuses, set forth to the hindrance of our said causes; which no man shall more politickly and facilely deprehend, than the said bishop of Verone may do: and therefore he is by you, with all good means and ways possible, to be entertained; as we doubt not but gye will have special eye and regard to the making, winning, and conservation of as many friends to our purpose as ye can possibly hattain; so handling your self, as now may appear your dexterity and perfect endeavour to conduce, with your diligent labour and policy, our matters to the speedy, indelayed, and desired end and effect, which f Capua,

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BOOK ye may be sure we shall not put in oblivion, but will have the same in remembrance accordingly. Marvelling nevertheless, that though ye Mr. Stevins could not bring hitherto our great causes to perfection, ye had not in the mean season advertised us what is done touching such bulls as were to be sped for our other particular matters, whereof no mention is made in your said letters; willing and desiring you therefore, by your next letters, to advertise us in what state and train the same be; knowing right well that ye, being not only by former letters and writings, but also by such as be sent unto you at this time sufficiently and amply instructed of our mind and pleasure, will now so acquit your self, as shall correspond to the perfect expectation, and firm opinion that we have of you, which we shall not fail to have in our tender consideration to your kweale, as is aforesaid. Ye shall also, in your conferences with the said bishop of Verone, understand and know of him, by what ways and means ye may best further his advancement to the cardinality; exhorting him, for the manifold good effects that thereof may ensue, to conform himself to the acceptation thereof, if it may be obtained; for doubtless his vertue, wisdom, experience, fidelity, and other great and commendable merits well considered, we think no man more meet at this time to be preferred thereunto than him: and therefore our express mind and pleasure is, that ye [do it] by all the ways and means to you possible. And finally we will that ye show unto him how effectually we have written unto you in that behalf, to the intent, being advanced thereunto, he may give us the better thanks, and in every way bear to us the more perfect affection. And by your next letters, we will that ye advertise us what advocates ye have on our part, with their names and qualities; finding the means also, if it be possible, to retain some notable and excellent divine, a frier, or other that may, can, or will firmly stick to our causes, in leaning to that, quod pontifex ex jure divino non potest dispensare, &c. and of all

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the successes to advertise us, as our special trust is in you. BOOK Given under our signet, at our mannor of Greenwich, the

6th of April.

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XXVIII.

The king's letter to his ambassadours, about his appearance before the legates. An original.

June 23. 1529.

To our trusty and right well-beloved counsellers, Mr. William Bennet, doctor of both laws; sir Gregory de Cassalis, knight; and Mr. Peter Vannes, our secretary for the Latine tongue, our ambassadours, resident in the court of Rome, and to every of them.

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11. fol. 163.

TRUSTY and right well-beloved, we greet you well. By Cotton lib. former letters and writings sent to you, sir Gregory and Vitell. b. Mr. Peter, with other of your collegues then being at Rome, and by such conference as was had with you Mr. Bennet before your departure, aye were advertised in what state then stood our cause and matter of matrimony, and how it was intended that the process of the same should with diligence be commenced before the pope's legates here, being authorized for that purpose. Since that time, ensuing the deliberation taken in that behalf, the said legates, all due ceremonies first observed, have directed citations both to us and to the queen, for our band her appearing before them the 18th day of this month: which appearance was duly on either party kept, performed, and all requisite solemnities accomplished: at which time the queen trusting more in the power of the imperialists, than in dany justness of her cause, and thinking of likelyhood, by frustratory allegations and delays, to tract and put over the matter to her advantage, did protest at the said day, putting in libels, recusatories of the judges; and also made a provocation, alledgband for her day om.

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BOOK ing the cause to be avoked by the pope's holiness, et litis pendentiam coram eodem; desiring to be admitted for probation thereof, and to have a term competent for the same: whereupon day was given by the judges till the 21 of the same month, for declaration of their minds and intentions thereunto; the queen in person, and we by our proctor enjoined to appear the same day, to hear what the said judges should determine in and upon the same. At which time both we and the queen appeared in person; and notwithstanding that the said judges amply and sufficiently declared, as well the sincerity of their minds directly and justly to proceed without favour, dread, affection, or partiality; as also that no such recusation, appellation, or term for proving of litis pendentiam, could or might be by them admitted yet she nevertheless persisting in her former wilfulness, flayd in her appeal, which also by the said judges was likewise recused: and they minding to proceed further in the cause, the queen would no longer make her abode to hear what the said judges would fully discern, but incontinently departed out of the court; wherefore she was thrice preconnisate, and called eft-soons to return and appear; which she refusing to do, was denounced by the judges contumax, and a citation decerned for her appearance on Friday next, to make answer to such articles and positions as should be objected unto her so as now it is not to be doubted, but that she will use all the ways and means to her possible, to impetrate and attain such things as well by her own pursute, as by her friends, as may be to the impeachment of the rightful process of this cause, either by advocation, inhibition or otherwise: wherefore seeing now in what state this our matter standeth and dependeth, necessary and requisite for the great consequences hanging upon the same, not only for the exoneration of our conscience, but also for the surety of our succession, and the gweale of this our realm and people, to be with all celerity perfected and hobsolved; it was thought convenient to advertise you of the premisses, to the intent ye being well and b observed;

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