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VIII.

cious

common

The second

Henry by the fearful example of the penalty, may beware how to commit the like

offence in time coming. A.D.

The example of such slanders is very pernicious to all kings; for, by such 1536.

slanders of other princes, the slanderers take boldness so to deal afterwards

with their own king, as they have done with others, and the next step from Evil ex. such slanderous words is to attempt deeds, and so to fall to sedition: of the ample a perni importance and danger whereof no man is ignorant.

Wherefore your grace, at the contemplation of your dear uncle, in tendering thing in a his proceedings, shall do well to follow therein the loving steps of his good wealth. brother and ally the French king, who hath already at Rouen, and sundry

places else, caused certain slanderous preachers to be sore punished; and further directed commissions through his realm for repressing the same. As also other princes shall be ready (his majesty trusteth) to do the like in their dominions, if like occasion shall be given to require the same of them. In which, in so doing, your grace may be assured, in this your gentle dealing in that part, to win your uncle's most sincere and kind heart, to the increase of your amity and alliance, which as to you shall be most honourable, so shall it be no less profitable unto him.

And thus to conclude with the first part of my narration, concerning the slanderous and defamatory libels, lest I should seem with prolixity of matter more than needs to abuse your grace's silence, I will now descend to the other

point of that which I have to utter unto your grace, as touching the pope's point.

nuncio, or messenger; of whose late arrival the king's majesty your uncle having partly intelligence, but not certainly knowing the special cause of his coming from Rome, and yet fearing, by the common bruit and talk of your subjects, what his errand should be (that is, to practise some annoyance, by his pretended censures against the king's majesty your uncle): he therefore, prenionishing your grace before, as fearing the worst, most justly maketh his complaint thereof unto your grace his nephew, requiring you, that forasmuch as the aforesaid bruits and reports are slanderous to his majesty, and seeing that neither the emperor, nor the French king, nor any other princes, have consented thereto, or understood thereof, the king's majesty, therefore, your uncle, willing to stop those bruits and talks, desireth and most heartily prayeth your

grace, at his instant request, to vouchsafe to consider and weigh, Supre First, The supremacy of princes, by the holy Scripture granted unto him macy of and other princes in earth, under Christ

, upon their churches. princes.

Secondly, To weigh what the gospel and God's word calleth a church.

Also what superstitions, idolatries, and blind abuses have crept into all realms, to the high displeasure of Almighty God, by reason thereof.

Fourthly, What is to be understood by the true censure or excommunication of the church, and how no such can be in the power of the bishop of Rome, or of any other man, against his majesty, or any other prince; having so just ground to avoid from the root, and to abolish that execrable authority, which the bishop of Rome hath usurped, and doth usurp, upon all princes, to their great detriment and damage.

As touching the consideration of which four points, although the king's majesty your uncle doubteth not your grace to be furnished and provided with sufficient knowledge, rightly to discern and judge upon the same; yet, if it shall so please your grace further to know your uncle's mind touching the said points, assure your highness, in the behalf of your aforesaid uncle his majesty, that he will not stick to send unto you such learned, wise, and discreet men, as shall amply inform you thereof, and of such other things as your grace, having once a smack thereof, shall think most worthy for a prince to know.

His request therefore to your highness is, that you will consider of what moment and importance it shall be unto your grace (having the Scots your subjects so evil instructed in the premises), for you to assent and agree to any such censure, and so, by such example, to give such an upper-hand over yourself and other princes, to that usurper of Rome, as is very like hereafter to happen in other places of Christendom, wheresoever the true declaration of the truth and word of God shall have free course, to scourge them, unless they will adore, worship, and kiss the feet of that corrupt holiness, which desireth

nothing else but pride, and the universal thrall of Christendom under Rome's yokes.

yokes.

Rome's

VIN.

of Scot land.

But because the censures of that nuncio be not yet opened, but lie secret and Henry uncertain under muttering, I shall cease further to proceed therein, till further occasion shall minister to me more certain matter to say and to judge. In the

A. D. mean time, forasmuch as it is most certainly come to the intelligence of the

1536. king's majesty, that the abbot of Arbroath should be chosen of late and elected to be a cardinal in this your realm of Scotland, his majesty therefore, for the The abbot good love and hearty good will he beareth unto your grace, as the uncle is of ATP bound unto the nephew, knowing that you as yet perceive not so well the chosen hypocrisy and deceitful guile and malice of the Romans and their practices, as cardinal he himself doth, by his long experience; could not but, hearing thereof, advertise your grace, that his advice is, you should not suffer any of your subjects to take upon him that red hat of pride, whereby he shall incontinently, the same being received (unless he be of a contrary nature to any man that ever was yet of that sort), not only be in manner discharged of his obedience, and become the bishop of Rome's true liege man; but also shall presume of his cardinalship to be your fellow, and to have the rule as well as you. Then should the bishop of Rome creep into your own very bosom, know all your secrets, and at last, unless you will be yoked and serve their pleasure in all points, your grace is like to smart for it. The thing perchance, in the beginning, shall seem to your grace very honourable and pleasant: but wisdom would, to beware of the tail, which is very black and bitter.

His majesty's father, and grandfather to your grace, had a cardinal, whereof Inconvehe was weary, and never admitted others after his decease, knowing the nience importable pride of them. In like manner also his highness, by the experience eth by of one, hath utterly determined to avoid all the sort : so well his grace hath cardinals. known and experienced their mischief, yoke, and thraldom, that thereby is laid upon princes. By reason whereof, as his highness is the more able by his own experience to inform your grace, so of good will and mere propensity of heart, caused partly by nature and kin, partly by conjunction and vicinity of dominions adjoining so near together, he is no less ready to forwarn your grace before, wishing that God will so work in your princely heart and noble stomach, that bis majesty's monition and friendly warning, as it proceedeth from a sincere affection and tender care of his part unto his nephew, so it may prevail and take place in your mind, that your grace, wisely weighing with yourself, what supreme right princes have, and ought to have, upon their churches and lands where they govern, and what little cause the bishop of Rome hath thereto, to proceed by unjust censures against them: your grace may therein not only stand to the just defence of your dear uncle, but also may endeavour to follow his steps therein, and to take his counsel, which, he doubteth not, but shall redound, not only to your grace's honour, to the benefit, weal, and profit of your realm and subjects; but, especially, to the glory of Almighty God, and advancement of his true religion.

And thus have I expounded unto your grace the sum of my errand and message from the king's majesty your uncle, who, as he would be giad to be advertised, by answer, of your grace's purpose, mind, and intention in this behalf, so, for my part, according to my charge and duty, I shall be pressed and ready, with all diligence, to give mine attendance upon your pleasure for the same accordingly.

The king, considering the present state of his marriage, which was not yet well digested nor accepted in the courts of other princes, and also having intelligence of the straight amity intended by the marriages between the emperor and the French king, and also of the pope's inclination to pleasure the emperor; and further understanding of the order and meaning of the French king's council, not greatly favouring his purposes, sent therefore into France, for his ambassador, Edward Foxe, doctor of divinity, his chaplain and counsellor, with instructions and admonitions how to frame and attemper himself in those the king's affairs. The contents of which his instructions came to this effect :

Three

clared in wife.

defence.

Renry
VIII. The Sum and Effect of King Henry the Eighth's Message to the
A. D. French King, by his Ambassador, Dr. Edward Foxe, in defence
1536. of his proceedings.

That the said Edward Foxe, first declaring to the French king the most effectuous commendations made on the king's behalf, with declaration of the king's most entire and hearty good will to understand of his prosperity, and the good success of his affairs, which his majesty no less desired than his own ; and also, after the king's letters being delivered to him and to other personages of his council, then, after his access made unto the king, he should utter and insinuate unto the king his master's mind and intent in these three special points following.

The first was, to declare the justness of the king's cause concerning the causes to late marriage with queen Anne, and divorcement of the king from his brother's the king's The second, to signify and express the injuries done by the pope, as after

wards shall be declared.

The third was, to win and allure to the king's devotion the chancellor of France.

And as touching the declaration of the justness of the king's cause, first he, taking with him certain books printed, containing the determinations of universities in that behalf, with reasons and authorities confirming the same, should distribute the said books to the bishop of St. Line and to other bishops, to Monsieur de Langez, and other of the king's council more; and to prove, after the best fashion, to obtain their approbations of the same books, and with dexterity to essay whether he could induce them of the university of Paris, and other learned men, to send forth this book with their authorities and approbations. That done, then he, being acquainted with all those points and articles of the king's cause, in communicating and conference (as the case required), should not only make answer to such things as should be objected, but also furnish and maintain the justness of that opinion, with his learning, in such sort as he could best invent and excogitate.

As touching the second part, which contained the injuries done by the pope pope's in

against the king, the said ambassador in that behalf, being a man no less juries to the king. acquainted, than also well beaten and ripe in the manifold misbehaviours of the

pope

from the beginning of the cause, should declare and express to the French incon

king, how injuriously the said pope had demeaned himself towards the king's stant in highness; first, in sending a commission decretal, and then commanding it to his deeds, be burned: as also in promising, by schedule of his own hand, not to call the

cause out of England; and moreover, approving first the justness of the himself. king's cause, yet, notwithstanding, afterwards going from the same, and doing

contrary.

Touching all which injuries received at the pope's hand, though the king had great cause justly to complain, yet other injuries there were besides these,

wherewith the king most especially was moved. The one was for calling and and citeth citing the king's highness to appear at Rome. The other was for rejecting

the

person of the king's trusty subject and chaplain, Master Kerne, his ambassador, from making such allegations as to the king in that case appertained ; besides sundry other no small griefs and inconveniences, which here might be showed and alleged: but in these two special injuries the king thought himself most chiefly touched and aggrieved. In opening and ripping up of these injuries, and first, in the said injurious calling of the king to Rome, instructions

were given to the said ambassador to explicate the open violation therein of the The pope most ancient and general councils, the council of Nice, the council of Africa, violateth and the council of Milevitane; in which councils the contrary was, for quietness councils. of the world, provided and ordered : declaring withal, how agreeable the same is

to all laws, reason, and equity, that princes should not be compelled to repair to Rome at the pope's calling, nor be bound, in a matter of such weight and moment, to send out of their realms and dominions, the writings, instruments, and monuments containing the secrets of their affairs, or to make and trust a proctor, being in so far distant parts, in a matter of such importance, to abide and fulfil that, which the said proctor should agree unto there. The matter

The

The pope

and con

trary to

Calleth

to Rome.

second

heard at Rome.

and cause whereof did not so much concern the state of any one prince alone, Henry as it touched the dignity of all other christian kings so nearly, that unless they VII. would suffer themselves to be yoked with the pope's authority, it was time

A.D. (inasmuch as the pope now made this enterprise on them) to search and know

1536. the bottom and ground both of his and of their authority; and if any thing by negligence or misuse had been lost, to recover the same, rather than to suffer it to decay any more. As touching all which griefs, hurts, inconveniences, prejudice, and evil example which might thereof ensue, the king's highness doubted not but that his good brother, the French king, would assist and concur with his highness for maintenance and defence of the same

For declaration of the second notable grief and injury done by the pope to The the king's highness, thus furthermore he was willed to insinuate to the French

point. king, what injury, or rather contumely, the king's highness received at the pope's hand, in not suffering the king's subject and ambassador to allege such matter in defence of his prince, as by law, reason, and equity, was to be heard and admitted, forasmuch as the said ambassador, Dr. Kerne, the king's chap- The lain, being at Rome at such time as citations were there published against the king's king's highness, and understanding his grace by them to be called before one dor could Capasuccha, dean of the Rota, was there ready to make answer to the queen's not be agents' complaint, and had, by the advice of other great learned men, conceived a certain matter containing causes reasonable and lawful, why the king's highness should not be bound to appear there either by himself, or by his proctor : which matter also he did exhibit on the king's behalf

, as a true subject by law of nature is bound to maintain and allege in defence of his prince that is absent, and ought, by equity, to preserve him from condemnation. And yet this notwithstanding, the said Capasuccha, not regarding nor considering the matter alleged, demanded whether the said doctor had any proxy from the king or no, for such purpose, and upon default and lack of the said proxy (which was not necessary in this case), proceeded in the principal cause ; by reason whereof the said Dr. Kerne appealed to the pope, alleging injury to be done not only to the king's highness, but also to himself

, for that such matter as he did aHege, was not considered nor regarded, but process made : to which appellation, notwithstanding, the said Capasuccha gave an ambiguous and a doubtful answer ; which was, that as much as Dr. Kerne was, by the law, a lawful person, so much he would give place, et deferre appellationi ;' and otherwise not.

Thus, upon declaration of this doubtful answer, passed certain days, the said Capasuccha promising always to open his said answer and sentence more plainly, and to give a determinate resolution; which he nevertheless did not, albeit he was divers times urged thereunto; but so passed the time, and suddenly returned to process. Whereupon the said Dr. Kerne appealed eftsoons again, and put up a supplication to the pope, for admission of the said appeal; by reason whereof the matter was reasoned in the signature; in which signature by no law it could be showed why the said Dr. Kerne should not be admitted to allege in defence of the king's highness; but only that they there among themselves being the greater number, who were of the emperor's dominions, and fee'd of him (among whom was also the said Capasuccha), gave their voices as the pope said, -that Dr. Kerne should not be heard, : Sine mandato regiæ majestatis.' Whereunto when Dr. Kerne replied, saying, Whatsoever they decreed or said, there was no law to maintain and bear it: it was said again by cardinal Anconitate, That the pope might judge after his conscience, And, upon this resolution, they determined there to proceed in the principal The pope cause, unless the king would send a proxy; intending by this injury and wrong, to enforce his highness to the exhibition of a proxy there, to his highness's high king to prejudice, to the pernicious example of the like to be done to other princes, and appear by also to the derogation of the liberties and prerogatives of his gracious realm : unto the observation whereof his highness is bound by his oath, and also by the same oath is bound to recover and restore such liberties and privileges as by any of his predecessors have been lost, diminished, or decayed in time past.

These, with other like injuries and wrongs of the pope done to the king, the aforesaid ambassador, Master Foxe, according as he liad in charge and commission, did declare, open, and show unto the

would have the

proxy at Rome.

VIII.

The third part or purpose of this

Henry French king, to the intent to solicit the said king to do, by his

mediation, for the remedy and redressing of those aforesaid injuries A.D and wrongful dealings of the pope in this behalf. 1536.

Furthermore, for the third purpose, touching the chancellor of France, forasmuch as he was one of the chief personages whom the French king most trusted

in his great affairs (by whose advice all matters of learning were then conduced message. and trained), the king thought it not unprofitable, by all ways and means, to

win and allure his friendship and amity also unto his devotion ; either that by his means and dexterity the king's purposes might be advanced the better, or at least for a 'ne noceat;' that is, to mitigate and diminish such favour as he, by the admiral or otherwise, was moved to show to the imperials. For this cause the king, committing in charge to his ambassador aforesaid, willed and instructed him how and what to do, and after what manner to attemperate himself to all occasions and times of opportunity; as first, to deliver to him from the king his letters of credence, and withal to declare and extend the king's most affectuous commendations, with the hearty good will and sincere affection which his highness bare to the said cardinal, chancellor of France; with no less desire, also, most gladly to do that thing which might be to his commodity and benefit, according as the manifold pleasures, gratuities, and kindness done on his part for the king's highness, did worthily deserve. Then, after such words of mollification, to enter into further communication with him in such sort as might best serve his honour.

And forasmuch as the cardinal was then noted to be much moved with the glory and affections of vain-glory and covetousness, therefore, amongst other communi

cation, it was devised to infer mention of the papality, noting what ways and means might be used to attain unto that dignity : wherein, if the king's highness could stand him in any stead, as he thought the person of the said chan

cellor most meet for the same, so he would not fail to move and to procure it, of princes' courts to to the best furtherance of his advancement. And finally, to declare how desirous be noted. the king's highness was, to retain, and make sure unto him, the amity and

friendship of the said chancellor, and that his highness, devising by what means and ways he might do the same (albeit his grace knew well, that the faith and sincerity of the said chancellor towards his master was such as no gift, pension, or other offer could advance or increase that good will, which, for his master's sake, he would employ in the king's highness's affairs), thought, that for declaration of his hearty good will towards the said chancellor, it were convenient to offer unto him some yearly remembrance, &c.

The vain

the cardinal. The fashion

This was the sum and effect of the message which the king sent unto the French king, and to others of his council, by his ambassador, Master Edward Foxe, which was especially to signify and make manifest to the said French king, the unjust dealings and prejudicial proceedings of the pope, in calling up the king of England to appear

at Rome by proxy, which was derogatory to the king's dignity and Gardiner, crown, and also prejudicial both to general councils of the primitive

time, and to the ancient laws and statutes of this realm (as is before

declared), and no less hurtful for example to all other princes and kings king, who likewise, &c.

This message so done, shortly after was sent to the said French the king's king, Stephen Gardiner, bishop of Winchester, with the king's answer

and message again on this manner :

ambassador to the French

speaks against

succession.

The Answer and Message of King Henry the Eighth to the French

King, by his Ambassador Stephen Gardiner. That forasmuch as the saying of the French king to the ambassadors was this; that notwithstanding all the king's realm should agree and condescend ever so much to the right and title, which the succession procreated by this his

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