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II.

Expedit ut conscientia serenissimi regis his scrupulis impedita, et turbata, expedita et tranquilla reddatur.

Breviter, expedit votis serenissimi regis satisfieri, qui pro genuinis et innatis suis virtutibus, non nisi optima cupit, et modo etiam optimo votorum suorum compotem effici laborat; si non virtutem spectaret, cætera nihil haberent difficultatis, sed omnium virtutum cogitationem quandam esse animadvertens suum justitiæ decorum, quod temperantia est quærit, ut justum, justo modo, obtineat et assequatur. Itaque expedit ne auxilium denegetur, vel differatur ei qui id juste implorat.

Cotton lib.

Vitell. b. II. fol. 96. b.

XXII.

The second part of a long dispatch of the cardinal's concerning the divorce. An original.

To my loving friends master Stephen Gardiner doctor of both laws; sir Francis Brian, and sir Gregory ade Cassalis, knights; and Mr. Peter Vannes secretary to the king's highness for the Latin tongue; his graces orators, residents in the court of Rome.

ANOTHER part of your charge consisteth in expedition of the king's great and weighty cause of matrimony, whereupon depend so many high consequences, as for no earthly cause to suffer or tolerate, tract or delay, in what case soever the pope's holiness be of amendment or danger of life; bne as is aforesaid, oweth to be by his holiness pretermitted, whether the same be in the state of recovery, or in any doubt or despair thereof: for one assured and principal fundamental and ground is to be regarded, whereupon the king's highness doth plant and build his acts and cogitations in this behalf, which is from the reasonable favour and justice, being the things from the which the pope's holiness, in prosperis nec adversis, may lawfully dor ho

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nestly digress; and when the plainness of his cause is well BOOK considered, with the manifest presumptions, arguments, and suspicions, both of the insufficiency of the bull, and falsity of the brief, such as may lead any man of reason or intendment, well to perceive, and know, that no sufficiency or assured truth can be therein; How may the pope's holiness, ex æquo et justo, refuse or deny to any Christian man, much less to a prince of so high merits, and in a cause whereupon depend so many consequences, to his holiness well known, for a vain respect of any person, or by excuse of any sickness, justifie, colour, or defend any manner refusal, tract, or delay, used in declaration of the truth in so great a matter, which neither for the infinite conveniences that thereby might ensue, admitteth or suffereth to be delayed, nor by other than himself, his act or authority, may lawfully be declared? And well may his holiness know, That to none it appertaineth more to look unto the justness of the king's desire in this behalf, than to his highness his self, whose interest, whose cause, with the same of his realm and succession resteth herein; for if his grace were minded, or would intend to do a thing inique or unjust, there were no need to recur unto the pope's holiness for doing thereof. But because his highness and his council, who best know the whole of this matter, and to whose part it belongeth most profoundly to weigh and ponder every thing concerning the same, be well assured of the truth of the matter, needing none other thing but for observance of his duty towards God and his church, to have the same truth also approbate and declared by him to whom the doing thereof appertaineth; his grace therefore seeing an untruth alledged, and that so craftily as by undue and perverse ways, the same without good remedy adhibited, may for a season bring things into confusion, doth communicate unto the pope's holiness presumptions and evidences enough, and sufficient to inform the conscience of his holiness of the very truth: which then, if his holiness will not see, but

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BOOK either for affection, fear, or other private cause, will fhave hearkenyng to every dilatory and vain allegation of such as led upon undue grounds would colour the truth; What doth his holiness less therein, than under a right vain colour expresly refuse and deny the said justice, which to be done either in health or sickness, in a matter of so great moment, is in no wise tolerable? But for the same reasons that be before mentioned, is the thing, whether the pope's holiness be in hope or despair of life, without further tract to be absolved and determined; for if Almighty God grant his holiness life, this act is, and always shall be, able to bear it self, and is meet to be an example, a president and a law, in all like cases emerging, the circumstances and specialties of the same in every part concurring as they do in this; nor can the emperor make exceptions at the same, when he best knowing, percase, the untruth shall see the grounds and occasions, that of necessity and meer justice have enforced and constrained the pope's holiness thereunto; which he could not refuse to do, unless he would openly and manifestly commit express injury and notorious injustice. For be it that the pope's holiness hearkning to the said frivolous and vain allegations, would refuse to declare the law herein to the king's purpose, then must his holiness, either standing in doubt, leave and suffer the cause to remain in suspence to the extream danger of the king's realm and succession for ever, or else declare the bull or breve, or both, to be good, which I suppose neither his holiness, nor any true Christian man can do, standing the manifest occasions, presumptions, and apparent evidences to the contrary. Then if the matter be not to be left in suspence, hne judgment can be truly given to the approbation of the bull or breve; how can the pope's holiness of conscience, honour, or vertue, living or dying, thus procrastinate or put over the immediate finishing thereof, according to the king's desire? or how may his holiness find his conscience towards God exonerate, if either living he should be the cause of so

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many evils as hereof may arise; or dying, wilfully leave BOOK this so great a matter, by his own default, in this confusion, incertainty and perplexity? It is not to be supposed, that ever prince most devout to the see apostolic, could so long tolerate so high an injury, as being so merited towards the said see, is both unaquited for his kindness with any special grace, and also denied upon his petition of that which is evident to be plain justice. This thing is otherwise to be looked upon, than for the pope's sickness, where most need were to put an end unto it, to be delayed, seeing that living and amending, it is of it self expedient and justifiable, and dying, it shall be an act both necessary, meritorious and honourable. For this cause ye now knowing the king's mind in this behalf, shall if ye have not already before this time spoken with the pope's holiness at length in these matters, as the king's grace trusteth ye have done, sollicite as well by the mean of Messiere Jacobo Salviati, as by the bishop of Verone, and otherwise as ye can think best, to have such commodious access unto his holiness, as ye may declare the premises unto him; which by your wisdoms, in as effectual and vive manner as ye can, 1opened unto his holiness. It is undoubtedly to be thought the same shall rather be to his comfort and encrease of health, than to any his trouble or unquietness; and that his holiness hearing these reasons not evitable, will whether he be in way and hope of amendment, or otherwise, both proceed to the said indication, and also to the declaration of the law, and passing of a sufficient and ample decretal, as hath been devised in the king's said cause, with other such things, as by former letters and instructions, by the decrees mentioned in the same, that failing have been committed unto you, to be solicited and procured there; in the labouring whereof, albeit since your departure from hence, the things have by reason of the pope's nsaid sickness, otherwise chanced than was here supposed, by mean whereof ye not instructed what to do in any such case, were peradventure not over

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BOOK hasty or importune to labour these matters, till the pope's holiness might be better amended, nor could percase find the means to have convenient access unto his presence for the same, ye must nevertheless adhibit such diligence, as howsoever the sickness of his holiness shall cease, amend, or continue, these things be not for the same, or any other cause tracted or left in longer suspence; but finding possible means to come unto the pope's presence, to declare all such things unto the same, mention'd both in the former letters and instructions given unto you, and also in these presents, as may make to the purpose; and failing of often access in your own persons to his holiness, ye cause the bishop of Verone, and other such assured friends as ye can attain, being about him at such times as they may have with his holiness, to Pinculke unto him the said points and considerations, and all other that ye can excogitate and devise to the furtherance and advancement of these matters, not forbearing or sparing also, if ye shall see difficulty at the pope's hand, or in audience to be given to you or your friends there, being about his person, to break and open after a good fashion and manner the same unto such of the cardinals, as ye may perceive assuredly and constantly to favour the king's highness, and the French king in election of a future pope, in case (as God forbid) the pope's holiness should decease; and to shew unto the same cardinals, all such things as you shall think meet, both for their more ample instructions in the truth and specialties of the matters, as well concerning the indication of truce, as the king's said cause, and the presumptuous reasons, and plainer evidences, leading to the insufficiency of the bull, and apparent falsity of the said breve; to the intent, that as many of the said cardinals as ye can win, made sure in those matters, they may, both in time of sickness, and also of amendment, move and induce the pope's holiness thereunto, laying before him as well the merits and honour that may ensue by the perfection of the premises, as the danger imminent

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