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II.

BOOK expectation, and firm opinion that we have of you, which we shall not fail to have in our tender consideration to your bweale, 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 the Successes to advertise us, as our special trust is in you. Given under our Signet, at our Mannor of Greenwich, the 6th dof 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.

Henry R.

By the KING.

Vitell.

TRUSTY and right well-beloved, we greet you well. By for-Cotton Lib. mer Letters and Writings sent to you, Sir Gregory and Mr. B. 11. Peter, with other of your Collegues then being at Rome, and Fol. 163. by such conference as was had with you Mr. Bennet before your departure, eye 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 fand her appearing before them the 18th 8 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 hany 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, alledging the Cause to be avoked by the Pope's Holiness, et litis pendentiam coram eodem; desiring to be admitted for

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BOOK 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, layd 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 m weale of this our Realm and People, to be with all celerity perfected and obsolved; It was thought convenient to advertise you of the Premisses, to the intent ye being well and sufficiently instructed in all things concerning the same, shall by your wisdoms and diligences have special regard that nothing pass or be granted there by the Pope's

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Holiness, which may either give delay or disappointment to the BOOK direct and speedy Process to be used in this Cause, neither by advocation of the Cause, Inhibition or otherwise; but that if any such thing shall, by the Cæsareans, or by her Agents, or other, be attempted, or desired, the like Men of Wisdom, good Zeal, Learning, and Experience, diligently procure the stopping thereof, as well upon such Reasons and Considerations as before have been signified unto you, as by inferring the high and extream dishonour, and intolerable prejudice that the Pope's Holiness thereof should do to his said Legates; and also the contrariety both of his Bull and Commission, and also of his Promise and Pollicitation passed upon the same; beside the notable and excellent displeasure thereby to be done by his Holiness to us, and our Realm, clear contrary to our merits and deserts; extending also the other dangers mentioned in the said former Writings, apparent to ensue thereby to his Holiness, and the See Apostolick, with the manifold, and in manner, infinite inconveniencies like to follow of the same to all Christendom, and all other such reasons, introductions and perswasions as ye can make and devise for that purpose: putting him also in remembrance of the great Commodity coming unto his Holiness herein, by reason that this Cause being here decided, the Pope not only is delivered from the pains that he should in this time of Disease and Sickness, to the extream peril of his Life, sustain with the same, seeing that it is of such moment and importance, as suffereth no tract or delay; but also his Holiness shall by such decision here eschew and avoid all displeasure that he should not fail to have, if it were or should be passed elsewhere: which matter is no little wisdom well to foresee and consider, and not only to forbear to do or pass any thing derogatory or prejudicial to his said Commission, but also by all means possible to corroborate and fortifie the same, and all such Acts judicial as shall pass by his said Legates by virtue thereof. Like as we doubt not but that the Pope's Holiness, of his Uprightness, Vertue, and perfect Wisdom will do; and rather like a most loving Father and Friend,

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BOOK tender and favour our good, just and reasonable Causes and Desires, putting thereunto all the furtherance he may do, than to do or consent to be done any thing hurtful, prejudicial, dammageable, or displeasant unto us, or this our said Cause. And finally; if need shall be, we will ye also infer, as the case shall require, how inconvenient it were this our matter should be decided in the Court of Rome; which now dependeth totally in the Emperor's Arbitre, having such puissance near thereunto, that, as hath been written by the Pope's own Letters, their State and Life there is all in the Emperor's hands, whose Armies may famish or relieve them at their pleasure. And semblably ye shall not forget the prerogative of our Crown and Jurisdiction Royal, by the ancient Laws of our Realm, which admitteth nothing to be done by the Pope to the prejudice thereof, and also what danger they should incur that would presume to bring or present any such thing unto the same, as in our last Letters sent by Alexander was touched at good length. Wherein since ye be already so well and amply instructed, knowing also how much the Matter Pimporteth and toucheth us, and what profit and agreeable service ye may do unto us herein, with the high thanks that ye may deserve for the same; We shall not be more prolix, but refer the substantial, perfect, and assured handling hereof to your circumspections, fidelities, and diligences, not doubting but that ye will now above all other things, look vigilantly hereunto, and so acquit your 9 self in the same, as it may well appear that your Acts shall be correspondent to our firm trust and expectation, and no less tender this thing than ye know it to be imprinted in the bottom of our Heart, 'ne than as ye know both the importance and high moment, and also the very necessity of the Matter doth require. In which doing, beside the laud and praise that ye shall consecute thereby of all good Men, we shall so have your acquitals in our remembrance, as ye shall have cause to think your travels, pains, and studies herein, in the best wise collocate and employed. Given under our Signet, at our s Place of Bridewel, the 23d day of June.

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