ment. II. otherwise then was the office of a good catholike prince, and BOOK chaunsing soo to doo indeed intended in tyme and place according, catholiquely to reforme and await the same. And herewithall I drew out the said writing shewing his said holynes that I brought the same for proof of the premisses and that his holynes might see and perceive all the same, adding hereunto that your highnes used these remedies not in any contempt either of the churche, the see, or of his holynes, but only upon causes expressed in the said writings. Desiring also his holynes that althoughe in tymes passed it liked hym to shewe unto me much benevolence and kyndnes wherbie I must and did accompte my self greatly bounden unto the same, yet considering the obligations a subject must and doth of right beare chiefly unto his sovereyne lord, he wood take al my doyngs in good parte, and not to ascribe any unkyndnes unto me in this behalfe, but only to consider that a subject and servant must do his masters commandeThe pope havyng this for a brekefast, only pulled downe his head to his shoulders after the Italion fashion, and said that because he was as then fully ready to goe to the consistorie he would not tarye to hear or see the said writings; but willed me to come at after noone and he would gladly giffme audience to all the same, and other things that I would propose or do, whereupon his holynes departing streyght to the consistorie, I returned to your said ambassadors, telling them what I had doon, and what answer I had. That after noone I and Mr. Penyston (whom I entended aswel in the popes answeres, as also in other my doinge, to use as a wittnes if the cause should soe require,) repayred to the palace, and bycause that audience was assigned unto many, and among others unto the ambassador of Millan, I tarried there the space of an howre and halfe, and finally was called into the pope's secret chamber, where (taking with me Mr. Penyston) I founde his holines having only with hym Godsadyn of Bononie; the pope perceyving that I had brought one with me, looked much upon hym, and a great deale the more, in my opinion, bycause that in the morning I did speak with his holines alone, III. PART Mr. Penyston albeit beyng in the said chambre, and seying what I did, yet not resorting nye unto his said holines. And to put the pope out of this fantasie, and somewhat to colour my entent, I tolde his holynes that the said Mr. Penyston was the gentilman that had brought unto me commission and letters from your highnes, to intimate unto his holynes the provocation and appeal forsaid; the pope percase not fully herewith satisfied, and supposing that I would (as I indede entended) have recorde upon my doyngs, said, that it were good for him to have his datarie, and also other of his counsell, to hear and see what were done in that behalfe, and thereupon called for his datarie, Symonetta, and Capisuchi. In the mean whyle, they beyng absent, and sent for, his holynes leaning in his wyndow towardes the west syde, after a little pawse turned unto me, and asked me of my lord of Winchester how he did, and likewise afterward of Mr. Brian; but after that sort that we thought he would make me believe that he knew not of his being here, saying thos words; how doth Mr. Brian, is he here now: and after that I had answered hereunto, his holynes not a little seeming to lament the death of Mr. Doctor Bennet, whom he said was a faithfull and good true servant unto your highnes, enquired of me whether I was present at the time of his death, and falling out of that, and marvelling, as he said, that your highness would use his holyness after such sorte, as it appears ye did: I said that your highnes no less did marveyll that his holynes havyng found so much benevolence and kyndnes at your handes in all tymes passed, would for acquitall shewe such unkyndnes as of late he did, as well in not admitting your excusator with your lawfull defences, as alsoe pronouncing against your highnes and here we entered in comunication upon two poyntes, oon was that his holynes having comitted in tymes passed, and in moost ample forme, the cause into the realm, promising not to revoke the said commission, and over that to confirm the processe and sentence of the commisaries, beyng two cardinalles and legates of his see, should not especially at the poynt of sentence, have advoked the cause from their hands, reteyning it at Rome, but at the lest, he II. should have committed the same to some other indifferent BOOK judges within your realme, making herein that it could not be retayned at Rome: this argument was either his holynes would have the matter examyned and ended, or he would not if he would, then either he would have it examined and ended in a place whither your highness might personally come, and ellse bende to send your proctor, or else in that place whither your highnes nother couud or ought personally to come unto; ne yet bounde to sende a proctor; if he intended in a place whither your highnes might personally come, and elles bound to send a proctor he intended well and ought to have provided accordingly. If he entended that the matter shuld be examyned and ended in that place wher your highnes neither could nor ought personally to come, nor yet bounde to send a proctor then his holynes did not well and justly. Seying that ether your highness shuld therbie be compelled to make a proctor in matter of such importance against your will; or enforced to a thing unto you impossible, or elles to be left without defence, having just cause of absence. And for as much as Rome was a place whither your highnes could not ne yet ought personally come unto, and alsoe was not bound to send thither your proctor: I said therefore that his holynes justly shuld not have retayned the matter at Rome. The second point was that your highnes cause beyng in the opinion of the best learned men in Christendome approved good and just, and so many wayes known unto his holynes; the same shuld not soe long have retayned it in his hands without judgment: his holynes answering to the same, as touching the first poynt, said that if the quene (meanyng the late wife of prince Arthure, calling her alway in his conversation, the queen) had not given an oath perhorræscentiæ et quod non sperabat consequi justitiæ complementum impartibus, refusing the judges as suspect, he would not have advoked the matter at all, but been content it shuld have been examyned and ended in your realm; but seyng she gave that othe and refused the judges as suspect, appealling also to his courte, he said he might and ought to hear her, his promise made III. PART to your highnes, which was qualified, notwithstanding. And as touching the seconde poynt, his holynes said that your highnes only was the defaut thereof, by cause ye woulde not send a proxie unto the cause, without which he said the same coude not be determyned, and albeit I replied aswell against his answere to the first poynt, saying that his holynes cou'd ne yet thereupon retaine the matter at Rome, and proceed against your highnes there, and likewise against the seconde poynt, saying that your highnes was not bounde to sende any proxie, yet his holynes seeing that the datarie was come in upon this last conclusion, said only that al these matters had been oft, and many tymes fully talked upon at Rome, and therefore willed me to omitte ferther communication thereupon, and to proceede to the declaration, and doing of such things, that I was specially sent for: whereupon making protestation of your highnes mynde and intent towardes the church, and see apostolique, not intending any thing to doe in contempt of the same, I exhibited unto his holynes the commission which your highnes had sent unto me under your private seale (the other sent by Frances the curror not beyng then come) desiring and asking according to the tenour thereof, and his holynes delivering it to the datarie commanded hym to rede it, and hereing in the same thes wordes, gravaminibus et injuriis nobis ab eodem sanctissimo patre illatis et comminatis, began to loke up after a new sorte and said, O questo et multo vero, this is much true, meanyng that it was not true indeede. And verily sure not only in this but also in many partes of the said commission as they were red he shewed hymself grevouslie offended insomuch that when those words, ad sacro-sanctum concilium generale proxime jam futurum legitimum et in loco congruenti celebrandum, were red, he fell in a marvelous great cholere and rage, not only declaring the same by his gesture and manner, but also by wordes: speaking with great vehemence, and saying, Why did not the king (meanyng your majestie) when I wrote to my nuncio this you passed to speke, unto hym for this generall councell, giff no answer unto my said nuncio, but referred hym for : II. answere therein to the French king; at what tyme he might BOOK perceive by my doyng (he said) that I was very well disposed and much spake for it: the thing so standing, now to speke of a general councel, O good Lord. But well! his commission, and all other his writings cannot be but welcome unto me, he said, whiche last wordes we thought he spake willing to hide his choler, and make me byleve that he was nothing angrie with this doyngs, where in very dede I perceived by many arguments that it was otherwise and one among another was taken here for unfallible with them that knoweth the popes conditions, that he was contynually folding up and unwynding of his handkerchefe, which he never doth but when he is tykled to the very hert with great choler. And albeit he was lothe to leave conversation of this generall councel to ease his stomack, yet at the last he commanded the datarie to rede further: which he did. And by and by, upon the reding of thoos clauses, si oportet rever. patribus, &c. and post and his holynes eftsones chafed greatly; finally saying, Questo e boon fiatto, this is but well doon. And what tyme that clause Protestando, &c. and also that oother, Nos ad ea juris et facti remedia, was red by the datarie, he caused hym to rede theym again; which doon, his holynes not a litle chafyng with hymself asked what I had moore. And then I repeting my protestation, did exhibit unto him your highnes provocation, which incontenently he delivered to the datarie to rede, and in this also he founde hym self much greived, notyng in the begynnyng not oonly those wordes archiepiscopo Eboracensi, but also thus, citra tum renocat. quorum cumque procuratorum: at which he made good pawse, conjectering therebie as I toke it, that ther were proctors made which might excercise and appear in your name if your highnes had ther with be contented. The datarie reding ferther and comyng to those woords quod non est nostræ intentionis, &c. his holynes with great vehemence says, that thoughe your highnes in your protestation had respect to the church and authorite of the see apostolique, yet you had noon to hym at al; whereunto I answered and said it was |