King's Highness has been accustomed to write his cousin, &c. The rest of the articles concerning mutual defence and money, be very good for the said princes, for they shall be sure of a great prince to their friend: and herewith a sum of money in hand, wherewith they might be per case relieved; but as for a reciproque, I see none to the King's Highness for their part again; inasmuch as they be so far off, and call themselves the emperor's subjects.

Finally, when they desire to have all things agreed unto before they send an ambassador to the King's Highness, they speak therein wisely for their own commodity; for so shall they still obtain the glory that they shall then send unto us, not to learn of us, but to instruct and teach us; not to sue to us, but to direct our Church in such ceremonies, as by their deliberation should be communed off and concluded.

Thus, Mr. Secretary, according to your letters I write unto you what I think; that is to say, what doubts and scrupulosities I find in the matters: wherein per case I write somewhat amiss, because I understand not fully how they take the emperor in Germany, ne what will be their opinion in him; but if they take him as I gather by their other writings they do, then our matters by way of league shall be so much the more perplexed with them, I would rather advise the King's Highness to give them money wherewith to defend truth, than to enter any league with such men, which as I fear cannot be fast bound again, and dwell also so far off. To hear their ambassadors, to commune also with them, to discuss the very truth, were very good; but upon the Word of God to make a new knot, whereof the one end shall be in Germany, shall declare rather a change of a bond of dependency, than a riddance thereof. If the King's Highness can induce them wholly and uniformly to agree upon the mere truth, it shall be an honourable deed, beside the secret merit thereof; but in case a bond were made, and then any of them should swerve from any piece of the capitulation by force of the emperor, a grief and displeasure should ensue without any commodity of redressing the same. I write the worst, for that never needs remedy, the best needs no commendation; and the best, I doubt not, shall be followed with you. One thing I have thought good to put you in remembrance of, that it were well done, that they were moved there in Germany, to agree upon the king's stile,

26.

because of his supremacy, as well as upon the cause of matrimony: wherein God has given sentence for the most part by the death of the dowager, and this cause is now so necessary as the other. For since my coming hither I have been assayed herein; and one said, he thought they in Germany would not agree thereunto, for fear of giving unto the emperor overmuch authority over them. Upon which occasion I made in this answer my first reason unto you: the king our master has a special case, because he is emperor in himself, and has no superior; other kings that knowledge an emperor had rather suffer any man else than the emperor to be the head of their Church. This I doubt not, by your wisdom, you can consider, and the emperor, which is too great already, they will in no wise make him greater.

Biblioth.

Cotton.

fol. 319.

A.D. 1533.

XXXVI.

Propositions laid before the Council about the Pope's pretended
Authority.

First. It was moved to send for all the bishops of the Cleop. E. vi. realm, and especially for such as live nearest the court, and examine them apart, whether they can prove the pope superior December. to a general council; or whether he has any more authority by the law of God within this realm, than any other foreign bishop.

Secondly. Provided it was proved (which I perceive was not much questioned) that the authority of a general council was paramount to the pope's, that then this doctrine should be publicly set forth and preached by the bishops and clergy throughout the realm. And particularly the people should be taught, that the power formerly exercised by the popes in this realm was both a breach of the divine law, and an invasion upon general councils: and that this usurpation in England got footing only by the connivance of princes.

Item. That this doctrine should be preached, not only by the prelates and secular clergy, but likewise by all the religious in their respective houses.

Item. That the king's appeal from the pope to a general council should be printed, and affixed to every church door throughout England. That in case any fulminations should be discharged against the king or kingdom, it might then

appear to the world, that censures signify nothing, as being posterior to the king's appeal.

Item. That copies of the Appeal should be transmitted into all parts of Christendom, especially into Flanders: that the injustice of the bishop of Rome may be apparent to foreign princes.

Item. That all the nobles of this realm, as well spiritual as temporal, should write a remonstrance to the pope, upon the subject of the injuries and usurpations upon the king and kingdom.

Item. It was moved to send spies into Scotland, to feel the pulse of that court, and get information, whether that nation is concerting measures with any foreign prince.

Item. It was thought advisable that some persons of management might be dispatched into Germany, to sound the inclination of the princes of the empire, and conclude a league with them. The same method was to be taken, and the same negociations carried on with the Hans towns, and with the cities of Nuremberg and Ausburgh.

The merchants likewise in Brabant were to be applied to for the purpose abovementioned.

Item. A regulation to be made for queen Catharine's (called the princess dowager) and the lady Mary's house; that is, to appoint their servants, and settle the train of their domestic.

The Resolution of the Council concerning some of these Propositions.

1533.

First. The suggestions mentioned in the first article with Decemb. 2, the circumstances depending, were referred to the dean and almoner, and other doctors, who were to consult their books, and return their answer to the lords of the council within a week. The bishops of London, Lincoln, and Bath were likewise summoned to appear before the council.

As to the other articles relating to the doctrine in the first, the council will determine nothing till the return of the answers abovementioned.

As to the remonstrance, a minute was ordered to be drawn up by the almoner: and that in the first place a copy of an old letter sent to the pope by the nobility in the reign of king Edward I.; and likewise a late letter, sent to the court of

Rome for the redress of grievances, should be laid before the council.

XXXVII.

Paper-office.

27.

An Instrument of Francis I., King of France, for the justification of the Marriage of King Henry VIII. with Queen Anne, and against the Validity of the former Marriage with Queen Catharine, notwithstanding the Pope's Dispensation.

Franciscus Dei gratia Francorum Rex Christianissimus omnibus et singulis præsentes lecturis et audituris salutem. Non honoris solum nostri verum etiam officii et pietatis ratio illud a nobis efflagitat, ut non modo fortunas sed etiam fidem, autoritatem, gratiam, et studium omne nostrum adhibeamus ne cum amici longe charissimi et de nobis optime meriti injuria, justitia etiam et veritas negligantur. Hinc est quod cum serenissimus et invictissimus princeps, Henricus Dei gratia Angliæ Rex, Fidei Defensor, dominus Hiberniæ, charissimus frater ac consanguineus et perpetuus confederatus noster vigore cujusdam dispensationis a bonæ memoriæ Julio Papa illius nominis secundo, cum nobili mulieri Catherina præclaræ memoriæ Ferdinandi et Isabella Hispaniarum regum filia, ac præclaræ memoriæ illustris principis Arthuri dicti serenissimi regis Henrici fratris naturalis et legitimi relicta, matrimonium olim de facto contraxerit, et ex eadem in eodem prætenso matrimonio filiam adhuc superstitem Mariam nomine susceperit. Cumque idem serenissimus rex dicti incesti matrimonii conscientia motus a præfata domina Catherina diverterit ac justissimis gravissimisque de causis nobis etiam satis cognitis et perspectis ad id inductus matrimonium cum clarissima ac nobilissima domina Anna nunc Angliæ regina rite legitime et realiter iniverit contraxerit et in facie Ecclesiæ solemnizaverit, et præclarissimam dominam Elisabetham Angliæ principem in eodem matrimonio procreavit et suscepit. Cumque præterea super illius dispensationis et matrimonii viribus ac justitia nec non supra dictæ dominæ Mariæ legitimitate et natalium defectu multæ gravesque quæstiones subortæ fuerunt; in quibus tractandis ac in judicio et veritate discutiendis nos bene multis argumentis perspeximus non eam quam oportuit æquitatis rationem ab ipso pontifice Romano habitam fuisse, et multa sive temporum iniquitate sive hominum vitio, contra omne jus fasque in præmissis et circa ea designata. Voluimus in hac

causa tam gravi integerrimos quosque nostri regni viros ac non modo in sacra theologia peritissimos, verum etiam juris ecclesiastici callentissimos consulere, quibus etiam mandavimus ut quid in tota hac causa secundum Deum et conscientiam sentirent fideliter nobis referrent atque responderent. Quoniam autem habitis prius inter eruditissimos viros matura deliberatione diligenti examinatione ac longo tractatu, nos ex eorum omnium et singulorum unanimi sententia et conformi relatione, liquido comperimus invenimus et plene intelleximus non solum quod dicta dispensatio fuit et est omnino nulla inefficax et invalida tam propter subreptionis et obreptionis vitia, quam propter alias causas maxime vero propter potestatis in dispensante defectum ex eo, viz. Quod matrimonia cum relictis fratrum decedentium sine liberis contracta, sint de jure naturali et divino prohibita. Nec Romanus pontifex nec ulla alia humana potestas possit dispensare ut illa aliquo modo legitimo fiant aut consistant; verum etiam cum præfatum matrimonium inter dictum clarissimum fratrem nostrum ac præfatam nobilem mulierem dominam Catherinam de facto ut præfertur contractum, fuit et est incestuosum, ac prorsus nullum ac etiam contra sacrosancta Dei præcepta atque adeo contra omnia jura tam divina quam humana usurpatum: quodque proinde dicta domina Maria in eodem pretenso matrimonio ut præfertur suscepta et procreata ad omnem juris effectum spuria et illegitima proles ac ex illicito et incesto coitu genita fuit et est, sicque ab omnibus reputari ac censeri debuit ac debeat omnino. Ac etiam quod dictum matrimonium quod idem charissimus frater noster cum dicta clarissima domina Anna Angliæ regina contraxit, fuit et est omnibus modis sacrosanctum legitimum et validum. Quodque dicta illustris domina Elisabetha Angliæ princeps ex eodem matrimonio suscepta nec non alia quæcunque proles ex eodem matrimonio divina bonitate in posterum suscipienda, legitima fuit et est eritque et esse debet. Ac denique cum non solum multis ex reverendissimis Romanæ sedis cardinalibus inter quos primus fuit reverendissimus ille quondam Anconitanus, verum etiam ipse nuper bonæ memoriæ Clemens Papa Septimus ex certa et deliberata animi sui sententia cum nobis ipsis Marsiliæ tunc existentibus, tum alias sæpe oratoribus nostris tunc Romæ agentibus palam ac vivæ vocis suæ oraculo confessus sit et expresse declaravit se sentire dictam dispensationem et matri