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An. Reg. 21. Edw. Hall. betwixt the king and the quéene, was ordeined to be at the Blacke friers in London, where in the great hall was preparation made of seats, tables, and other furniture, according to such a solemne session and roiall apparance. The court was platted in Abr. Fl. ex I. S. pag. 959. The maner of the session, euerie personage of acount in his place. tables and benches in manner of a consistorie, one seat raised higher for the iudges to sit in. Then as it were in the midst of the said iudges aloft aboue them three degrées high, was a cloth of estate hanged, with a chaire roiall vnder the same, wherein sat the king; and besides him, some distance from him sat the quéene, and vnder the iudges feet sat the scribes and other officers: the chéefe scribe was doctor Stéeuens, and the caller of the court was one Cooke of Winchester.

Then before the king and the iudges within the court sat the archbishop of Canturburie Warham, and all the other bishops. Then stood at both ends within, the counsellors learned in the spirituall laws, as well the kings as the quéenes, The doctors of law for the king (whose names yée haue heard before) had their conuenient roomes. Thus was the court furnished. The iudges commanded silence whilest their commission was read, both to the court and to the people assembled. That doone the The king and quéene called into the court. scribes commanded the crier to call the king by the name of king Henrie of England, come into the court, &c. With that the king answered and said, Héere. Then called he the queene by the name of Katharine quéene of England come into the court, &c. Who made no answer, but rose out of hir chaire.

And bicause shée could not come the king directlie, for the distance seuered betweene them, shée went about by the court, and came to the king, kneeling downe at his féet, to whome she said in effect as followeth: Sir (quoth she) I desire you to doo me Queene Katharines lamentable and pithie speech in presence of the court. iustice and right, and take some pitie vpon me, for I am a poore woman, and a stranger, borne out of your dominion, hauing héere no indifferent counsell, & lesse assurance of fréendship. Alas sir, what haue I offended you, or what occasion of displeasure haue I shewed you, intending thus to put me from you after this sort ? I take God to my iudge, I haue beene to you a true & humble wife, euer conformable to your will and pleasure, that neuer contraried or gainesaid any thing thereof, and being alwaies contented with all things wherein you had any delight, whether little or much, without grudge or displeasure, I loued for your sake all them whome you loued, whether they were my fréends or enimies.

I haue béene your wife these twentie yeares and more, & you haue had by me diuerse children. If there be anie iust cause that you can alleage against me, either of dishonestie, or matter lawfull to put me from you; I am content to depart to my shame and rebuke: and if there be none, then I praie you to let me haue iustice at your hand. The king your father was in his time of excellent wit, and the king of The queene iustifieth the mariage. Spaine my father Ferdinando was reckoned one of the wisest princes that reigned in Spaine manie yeares before. It is not to be doubted, but that they had gathered as wise counsellors vnto them of euerie realme, as to their wisedoms they thought méet, who déemed the marriage betwéene you and me good and lawfull, &c. Wherefore, I humblie desire you to spare me, vntill I may know what counsell my freends in Spaine will aduertise me to take, and if you will not, then your pleasure be fulfilled. ¶ With that she arose vp, making a lowe curtesie to the king, and departed from thence.

The king being aduertised that shée was readie to go out of the house, commanded The queene departing out of the court is called againe. the crier to call hir againe, who called hir by these words; Katharine quéene of England, come into the court. With that (quoth maister Griffith) madame, you be called againe. On on (quosh she) it maketh no matter, I will not tarrie, go on your waies. And thus she departed, without anie further answer at that time, or anie other, and neuer would appeare after in anie court. The king perceiuing she was departed, said these words in effect: For as much (quoth he) as the quéene is gone, I will in his absence declare to you all, that shée hath beene to me as true, as obedient, and as conformable a wife, as I would wish or desire. She hath all the vertuous qualities that ought to be in a woman of hir dignitie, or in anie other of a baser estate, she is also surelie a noble woman borne, hir conditions will well declare the same.

With that quoth Wolseie th? cardinall: Sir, I most humblie require your highnesse, The cardinall required to haue that declared which was well enough known. to declare before all this audience, whether I haue béene the chéefe and first moouer of this matter vnto your maiestie or no, for I am greatlie suspected hecrein, My lord cardinall (quoth the king) I can well excuse you in this matter, marrie (quoth he) you haue béene rather against me in the tempting héereof, than a setter forward or moouer of the same. The speciall cause that mooued me vnto this matter, was a certeine scrupulositie that pricked my conscience, vpon certeine words spoken at a time when it was, by the bishop of Baion the French ambassador, who had béene hither sent, vpon the debating of a marriage to be concluded betweene our daughter the ladie Marie, and the duke of Orleance, second son to the king of France.

Vpon the resolution and determination whereof, he desired respit to aduertise the king his maister thereof, whether our daughter Marie should be legitimate in respect of this my marriage with this woman, being sometimes my brothers wife. Which words once conceiued withiC the secret bottome of my conscience, ingendered such a scrupulous doubt, that my conscience was incontinentlie accombred, vexed, and The king confesseth that the sting of conscience made him mistake this mariage. disquieted; whereby I thought my selfe to be greatlie in danger of Gods indignation. Which appeared to be (as me seemed) the rather, for that he sent vs no issue male: and all such issues male as my said wife had by me, died incontinent after they came into the world, so that I doubted the great displeasure of God in that behalfe.

Thus my conscience being tossed in the waues of a scrupulous mind, and partlie in despaire to haue anie other issue than I had alredie by this ladie now my wife, it behooued me further to consider the state of this realme, and the danger it stood in for lacke of a prince to succéed me, I thought it good in release of the weightie burthen of my weake conscience, & also the quiet estate of this worthie relme, to attempt the law therin, whether I may lawfullie take another wife more lawfullie, by whom God may send me more issue, in case this my first copulation was not good, without The state of the question. anie carnall concupiscence, and not for anie displeasure or misliking of the queenes person and age, with whome I would be as well contented to continue, if our mariage may stand with the laws of God, as with anie woman aliue.

In this point consisteth all this doubt that we go about now to trie, by the learning wisedome, and iudgement of you our prelats and pastors of all this our realme and dominions now here assembled for that purpose; to whose conscience & learning I haue committed the charge and iudgement: according to the which I will (God willing) The king submitteth himselfe to the censures of the learned in this case of dimorse. be right well content to submit my selfe, and for my part obeie the same. Wherein, after that I perceiued my conscience so doubtfull, I mooued it in confession to you my lord of Lincolne then ghostlie father. And for so much as then you your selfe were in some doubt, you mooued me to aske the counsell of all these my lords: wherevpon I mooued you my lord of Canturburie, first to haue your licence, in as much as you were metropolitane, to put this matter in question, and so I did of all you my lords: to which you granted vnder your scales, héere to be shewed. That is truth, quoth the archbishop of Canturburie. After that the king rose vp, and the court was adiorned vntill another daie.

Héere is to be noted, that the quéene, in presence of the whole court most gréeuouslie The quéene accuseth cardinall Wolsie. accusetl the cardinall of vntruth, deceit, wickednesse, & malice, which had sowne disseintion betwixt hir and the king hir husband; and therefore openlie protested, that she did vtterlie abho re, refuse, and forsake such a iudge, as was not onelie a most malicious enimie to hir, but also a manifest aduersarie to all right and iustice, and therewith did She appeleth to the pope. she appeale vnto the pope, committing hir whole cause to be iudged of him. But notwithstanding this appeale, the legats sat weekelie, anti euerie daie were arguments brought in on both parts, and proofes alleaged for the vnderstanding of the case, and still they assaied if they could by anie meanes procure the quéene to call backe hir appeale, which she vtterlie refused to doo. The king would gladlie haue had an end The king mistrusteth the legats of séeking delaies. in the matter, but when the legats draue time, and determined vpon no certeine point, he conceiued a suspicion, that this was doone of purpose, that their dooings might draw to none effect or conclusion.

The next court daie, the cardinals set againe, at which time the councell on both sides were there readie to answer. The kings councell alleaged the matrimonie not to The present mariage whie thought vnlawfull. be lawfull at the beginning, bicause of the carnall copulation had betwéene prince Arthurand the quéene. This matter was verie vehementlie touched on that side, and to prooue it, they alleaged manie reasons and similitudes of truth: and being answered negatiuelie againe on the other side, it séemed that all their former allegations were doubtfull to be tried, and that no man knew the truth. And thus this court passed from sessions to sessions, and daie to daie, till at certeine of their sessions the king sent the two cardinals to the queene (who was then in Bridewell) to persuade with hir by their wisdoms, and to aduise hir to surrender the whole matter into the kings hands by hir owne consent & will, which should be much better to hir honour, than to stand to the triall of law, and thereby to be condemned, which should seme much to hir dishonour.

The cardinals being in the queenes chamber of presence, the gentleman vsher Quéene Katharine and the cardinals haue communication in hir priuie chamber. aduertised the queene that the cardinals were come to speake with hir. With that she rose vp, & with a skeine of white thred about hir necke, came into hir chamber of presence, where the cardinals were attending. At whose conming, quoth she, Whllat is your plesure with me? If it please your grace (quoth cardinall Wolseie) to go into your priuie chamber, we will shew you the cause oi our comming. My lord (quoth she) if yée haue anie thing to saie, speake it openlie before all these folke, for I feare nothing that yee can saie against me, but that I would all the world should heare and sée it, and therefore speake your mind. Then began the cardinall to speake to hir in Latine. Naie good my lord (quoth she) speake to me in English.

Forsooth (quoth the cardinall) good madame, if it please you, we come both to know The quéene refuseth to make sudden answer to so weightic a matter as the diuorse. your mind how you are disposed to doo in this matter betwéene the king and you, and also to declare secretlie our opinions and counsell vnto you: which we doo onelie for verie zeale and obedience we beare vnto your grace. My lord (quoth she) I thanke you for your good will, but to make you answer in your request I cannot so suddenlie, for I was set among my maids at worke, thinking full little of anie such matter, wherein there needeth a longer deliberation, and a better head than mine to make answer, for I néed counsell in this case which toucheth me so néere, & for anie counsell or freendship that I can find in England, they are not for my profit. What thinke you my lords, will anie Englishman counsell me, or be fréend to me against the K. pleasure that is his subiect? Naie forsooth. And as for my counsell in whom I will put my trust, they be not here, they be in Spaine in my owne countrie.

And my lords, I am a poore woman, lacking wit, to answer to anie such noble persons of wisedome as you be, in so weightie a matter, therefore I praie you be good to me poore woman, destitute of fréends here in a forren region, and your counsell also I will be glad to heare. And therewith she tooke the cardinall by the hand, and led him into hir priuie chamber with the other cardinall, where they tarried a season talking with the (quéene. Which communication ended, they departed to tlle king, making to him relation of hir talke. Thus this case went forward from court to court, The king & quéenes matter commeth to judgement. till it came to iudgement, so that euerie man expected that iudgment would be giuen the next day. At which daie the king came thither, and set him downe in a chaire within a doore, in the end of the gallerie (which opened directlie against the iudgement seat) to heare the iudgement giuen, at which time all their proceedings were red in Latine.

That doone, the kings councell at the barre called for iudgement. With that (quoth Cardinall Campeius refuseth to giue iudgement. cardinall Campeius) I will not giue iudgement till I haue made relation to the pope of all our procéedings, whose counsell and commandement in this case I will obserue: the case is verie doubtfull, and also the partie defendant will make no answer here, but dooth rather appeale from vs, supposing that we be not indifferent. Wherfore I will adiourne this court for this time, according to the order of the court of Rome. And with that the court was dissolued, and no more doone. This protracting of the conclusion of the matter, king Henrie tooke verie displeasantlie. Then cardinall Campeius tooke his leaue of the king and nobilitie, and returned towards Rome.]

Whilest these things were thus in hand, the cardinall of Yorke was aduised that The kings affection and good will to the ladie Anne Bullen. the king had set his affection vpon a yoong gentlewoman named Anne, the daughter ot sir Thomas Bullen vicount Rochford, which did wait vpon the quéene. This was a great griefe vnto the cardinall, as he that perceiued aforehand, that the king would marie the said gentlewoman, if the diuorse tooke place. Wherfore he began with all diligence to disappoint that match, which by reason of the misliking that he had to the woman, he iudged ought to be auoided more than present death. While the The secret working and dissimulation of cardinall Woolseie. matter stood in this state, and that the cause of the queene was to be heard and iudged at Rome, by reason of the appeale which by hir was put in: the cardinall required the pope by letters and secret messengers, that in anie wise he should defer the iudgement of the diuorse, till he might frame the kings mind to his purpose.

Howbeit he went about nothing so secretlie, but that the same came to the kings The king cōceiueth displeasure against the cardinall. knowledge, who tooke so high displeasure with such his cloked dissimulation, that he determined to abase his degrée, sith as an vnthankefull person he forgot himselfe and his dutie towards him that had so highlie aduanced him to all'honor and dignitie. When the nobles of the realme perceiued the cardinall to be in displesure, they began Edw. Hall. to accuse him of such offenses as they knew might be proued against him, and( thereof they made a booke conteining certeine articles, to which diuerse of the kings councell Articles exhibited against the cardinall. set their hands. The king vnderstanding more plainlie by those articles, the great pride, presumption, and couetousnesse of the cardinall, was sore mooued against him; but yet kept his purpose secret for a while. Shortlie after, a parlement was called to begin at Westminster the third of Nouember next insuing.

In the meane time the king, being informed that all those things that the cardinall had doone by his power legantine within this realme, were in the case of the premunire The cardinall vued in a premunire. and prouision, caused his atturneie Christopher Hales to sue out a writ of premunire against him, in the which he licenced him to make his atturneie. ¶ And further Abr. Fl. ex I. S. pag. 966, 967. the seuentéenth of Nouember the king sent the two dukes of Norffolke and Suffolke to the cardinals place at Westminster, who (went as they were commanded) and finding the cardinall there, they declared that the kings pleasure was that he should The cardinall is loth to part from the great seale. surrender vp the great seale into their hands, and to depart simplie vnto Asher, which was an house situat nigh vnto Hampton court, belonging to the bishoprike of Winchester. The cardinall demanded of them their commission that gaue them such authoritie, who answered againe, that they were sufficient commissioners, and had authoritie to doo nolesse by the kings mouth. Notwithstanding, he would in no wise agrée in that behalfe, without further knowledge of their authoritie, saieng; that the great seale was deliuered him by the kings person, to inioy the ministration thereof, with the roome of the chancellor for the terme of his life, whereof for his suertie he had the kings letters patents.

This matter was greatlie debated betwéene them with manie great words, in so much that the dukes were faine to depart againe without their purpose, and rode to Windsore to the king, and made report accerdinglie; but the next daie they returned againe, bringing with them the kings letters. Then the cardinall deliuered vnto them The cardinall discharged of the great seale. the great scale, and was content to depart simplie, taking with him nothing but onelie certeine prouision for his house: and after long talke betwéene him and the dukes, they departed with the great scale of England, and brought the same to the king. Then the cardinall called all his officers before him, and tooke accompt of them for The cardinall calleth all his officers to accounts. all such stuffe, whereof they had charge. And in his gallerie were set diuerse tables, wherevpon laie a great number of goodlie rich stuffe, as whole péeces of silke of all colours, veluet, sattin, damaske, taffata, grograine, and other things. Also, there laie a thousand peeces of fine Holland cloth.

There was laid on euerie table, bookes reporting the contents of the same, and so was there inuentaries of all things in order against the kings comming. He caused to be hanged the walles of the gallerie on the one side with cloth of gold, cloth of tissue, cloth of siluer, and rich cloth of bodken of diuerse colours. On the other side were hanged the richest sute of coapes of his owne prouision made for his colleges of of Oxford and Ipswich, that euer were séene in England. Then had he two chambers adioining to the gallerie, the one most commonlie called the gilt chamber, and the other the councell chamber, wherein were set vp two broad and long tables vpon trestles, whervpon was set such a number of plate of all sorts, as was almost incredible.

In the gilt chamber were set out vpon the table nothing but gilt plate, and vpon a cupbord and in a window was set no plate but gold, verie rich: and in the councell chamber was all white and parcell gilt plate, and vnder the table in baskets was all old broken siluer plate, and bookes set by them purporting euerie kind of plate, and euerie parcell, with the contents of the ounces thereof. Thus were all things prepared, giuing charge of all the said stuffe, with all other remaining in euerie office, to be deliuered to the king, to make answer to their charge: for the order was such, that euerie officer was charged with the receipt of the stuffe belonging to his office by indenture. To sir William Gascoigne, being his treasuror, he gaue the charge of the deliuerie of The cardinall of Yorke goeth to Asher, and bath his plentie turned into penuric. the said goods, and therwithall, with his traine of gentlemen and yeomen, he tooke his barge at the priuie staires, and so went by water vnto Putneie, where when he was arriued, he tooke his mule, & euerie man tooke their horsses, and rode streight to Asher, where he and his familie continued the space of three or foure weekes, without either beds, shéets, table cloths, or dishes to eat their meat in, or wherwith to buie anie: the cardinall was forced to borow of the bishop of Carleill, plate and dishes, &c.

After this, in the kings bench his matter for the premunire, being called vpon, two Iohn Scute, and Edmund Iennie. atturneis, which he had authorised by his warrant signed with his owne hand, confessed the action, and so had iudgement to forfeit all his lands, tenements, goods, The cardinall condemned in a premunire. and cattels, and to be out of the kings protection; but the king of his clemencie sent to him a sufficient protection, and left to him the bishoprikes of Yorke and Winchester, with plate and stuffe conuenient for his degrée. The bishoprike of Duresme The bishoprike of Duresme giuen to doctor Tunstall. was giuen to doctor Tunstall bishop of London, and the abbeie of saint Albons to the prior of Norwich. Also the bishoprike of London being now void, was bestowed on doctor Stokesleie, then ambassadour to the viiiuersities beyond the sea for the kings mariage.

The ladie Margaret duches of Sauoy aunt to the emperour, and the ladie Lois The duchesse of Sauoy, and the duchesse of Angolesme meet about a treatie of peace. duchesse of Angolesme mother to the French king, met at Cambreie in the beginning of the moneth of Iune, to treat of a peace, where were present doctor Tunstall bishop of London, and sir Thomas Moore then chancellor of the duchie of Lancaster, commissioners for the king of England, At length through diligence of the said ladies a peace was concluded betwixt the emperour, the pope, and the kings of England and France. All these met there in the beginning of Iulie, accompanied with diuerse great princes and councellors, on euerie part. And after long debating on both sides, there was a good conclusion taken the fift daie of August. In the which was concluded, that the treatie of Madrill should stand in his full strength and vertue, Ed. Hall in H. 8. fol. clxxxvj. sauing the third and fourth, and the eleuenth and fourteenth articles, which touch the duchie of Burgognie and other lordships.

Read more hereof in Guic. pag. 1145. & deinceps.

  1. 1 Item, it was agréed, that the French king should haue his children againe, paieng to the emperour two millians of crownes of gold, whereof hée should paie at the deliuering of the children, twelue hundred thousand crownes.
  2. 2 Item, that the French king should acquit the emperour against the king of England, of fourescore and ten thousand crowns, which the emperour owght to the king of England, and the king of England to deliuer all such bonds and gages as he had of the emperours.
  3. 3 Item, as touching the remnant, which was fiue hundred and ten thousand crownes, the emperour should haue fiue and twentie thousand crownes rent yearelie, for which he should haue the lands of the duchesse of Vandosme, lieng in Flanders and Brabant bound.
  4. 4 Item, that Flanders and diuerse other countries, should not be hold in chiefe, nor haue resort to the crowne of France.
  5. 5 Item, that the realme of Naples, the duchie of Millan, and the countie of Ast, should for euer remaine to the emperour.
  6. 6 Item, that the French king should withdraw all such souldiors as he had, out of Italie.
  7. 7 Item, that the ladie Eleanor should be brought into France, with the French kings children, and in time conuenient should be maried to the French king.
  8. 8 Item, that the French king should aid the emperour with twelue gallies to go into Italic.
  9. 9 Item, that all prisoners on both parties should be acquited.
  10. 10 Item, that the French king should not aid Robert de la March, against the bishop of Luke.
  11. 11 Item, that all the goods mooueable and vnmoouable, of Charles duke of Burbon, should be restored to his heires, they paieng to lord Henrie, marquesse of Dapenete, and earle of Nassaw, lord chamberleine to the emperour, ten thousand ducats, which he lent to the said duke of Burbon.
  12. 12 Item, that Iohn earle of Panthieure, should be remitted to all such goods, as were earle Rene his fathers.
  13. 13 Item, the lord Laurence de Gorowood, great master to the emperour, should be restored to the lordships of Chalmont, & Monteualle, which he bought of the duke of Burbon, or to haue his monie agaie.
  14. 14 Item, Philip de Chalon prince of Orenge and viceroy of Naples, to be restored to all his lands in Burgognie.
  15. 15 Item, that the duches of Vandosme, and Lois earle of Nauers, should haue all such right and actions, as they should haue had before the warre began.
In the emperours countries, when all things were written, sealed, and finished, there was a solemne masse soong in the cathedrall church of Cambreie, the two ladies ambassadors of the king of England, sitting in great estate: and after masse the peace was proclamed betwéene the thrée princes, and Te Deum soong, and monie cast to the people, and great fires made through the citie. The same night the French king came into Cambreie, well and noblie accompanied, and saluted, the ladies, and to themn made diuerse bankets: and then all persons departed into their countrie, glad of this concord. This peace was called the womens peace, for bicause that notwithstanding The womens peace. this conclusion, yet neither the emperour trusted the French king, nor he neither trusted nor loued him, and their subiects were in the same case. This proclamation was proclamed solemnelie by heralds with trumpets in the citie of London, which proclamation much reioised the English merchants, repairing into Flanders, Brabant, Zealand, and other the emperors dominions. For during the wars, merchants were euill handled on both parties, which caused them to be desirous of peace.] On the foure & twentith of Nouember, was sir Thomas Moore made lord chancellor, Sir Thomas Moore lord chancellor. & the next day led to the chancerie by the dukes of Norffolke and Suffolke, and there sworne.

At the daie appointed the parlement began, on which daie the king came by water Edw. Hall. in H. 8. fol. clxxxvij. An oration made in the audience of the parlement by sir Thomas Moore. to his place of Bridewell, and there he and his nobles put on their robes of parlement, and so came to the Blacke friers church, where a masse of the Holie-ghost was solemnelie soong by the kings chappell: and after the masse, the king with all the lords of parlement and commons, which were summoned to appeare at that daie, came into the parlement chamber, where the king sate in his throne or seat roiall: and sir Thomas Moore his chancellor, standing on the right hand of the king behind the barre, made an eloquent oration.

In this oration he declared, that like as a good shéepheard, which not alonelie keepeth and attendeth well his shéepe, but also foreseeth and prouideth for all things which either may be hurtfull or noisome to his flocke, or maie preserue and defend the same against all perils that may chance to come: so the king which was the shéepheard, ruler and gouernour of his realme, vigilantlie foreséeing things to come, considered how diuers laws before this time were made, now by long continuance of time and mutation of things, verie insufficient and vnperfect: and also by the fraile condition of man, diuerse new enormities were sproong amongest the people, for the which no law was yet made to reforme the same. Which was the verie cause whie at that time the king had summoned his high court of parlement. And hée resembled the king to a shéepheard or heardman for this cause: for if a prince be compared to his riches, he his but a rich man; if a prince be compared to his honour, he is but an honourable man: but compare him to the multitude of his people, and the number of his Wherein the person of the king is properlie reputed a ruler. flocke, then he is a ruler, a gouernor of might & puissance, so that his people maketh him a prince, as of the multitude of shéepe commeth the name of a shéepheard. And as you sée that amongst a great sort of shepe some be rotten & faultie, which the good shéepheard sendeth from the good sheepe: so the great wedder which is of late fallen (as you all know) so craftilie, so scabbedlie, yea and so vntrulie iugled with the king, that all men must néedes ghesse and thinke, that he thought in himselfe that he had no wit to perceiue his craftie dooing; or else that he presumed that the king would not sée nor know his fraudulent iugling and attempts. But he was deceiued: for his graces sight was so quicke and penetrable, that hée saw him, yea and saw through him, both within and without, so that all things to him was open, and according to his desert he hath had a gentle correction.

Which small punishment the king will not to be an example to other offendors, but clearelie declareth, that whosoeuer hereafter shall make like attempt, or commit like offense, shall not escape with like punishment. And bicause you of the common house be a grosse multitude, and can not speake all at one time: therefore the kings pleasure is, that you shall resort to the nether house, & there amongst your selues, according to the old and ancient custome, to choose an able person to be your common mouth and speaker: and after your election so made, to aduertise his grace thereof, which will declare to you his pleasure, what day he will haue him present in this place. After this doone, the commons resorted to the nether house, and they chose for their speaker Thomas Audleie chosen speaker. Thomas Audleie esquier, and attournie of the duchie of Lancaster: and the same daie was the parlement adiorned to Westminster.

On the sixt daie of the same moneth, the king came to the parlement chamber, and all the lords in their robes. And there the commons of the nether house presented their speaker, which there made an eloquent oration, which consisted in two An oration made by the speaker of the parlement. points. The first point was, that he much praised the king for his equitie and iustice, mixed with mercie and pitie, so that none offense was forgotten and left vnpunished, nor in the punishment the extremitie nor the rigor of the law cruellie extended: which should be a cause to bridle all men from doing like offenses, & also a comfort to offenders to confesse their crime and offense, and an occasion of amendment and reconciliation. The second point was, that he disabled himselfe, both for lacke of wit, learning, and discretion to so high an office, beseeching the king to cause his commons to resort eftsoones to their common house, and there to choose an other speaker for that parlement.

To this the king (by the mouth of the lord chancellor) answered; that where he disabled himselfe in wit and learning, his owne ornate oration there made testified the contrarie. And as touching his discretion and other qualities, the king himselfe had well knowne him and his doings since he was in his seruice, to be both wise and discreet: and so for an able man he accepted him, and for the speaker he him admitted. When the commons were assembled in the nether house, they began to commune The commōs of the lower house complaine against the clergie. of their griefes, wherewith the spiritualtie had before time greeuouslie oppressed them, both contrarie to the law of the realme, and contrarie to all right: and in speciallie they were sore mooued with six great causes.

1 The first for the excessiue fines, which the ordinaries tooke for probats of testaments, insomuch that sir Henrie Guilford knight of the garter, and controllor of the kings house, declared in the open parlement on his fidelitie, that he and others being executors to sir William Compton knight, paied for the probat of his will to the cardinall and the archbishop of Canturburie a thousand markes sterling. After this declaration were shewed so manie extortions doone by ordinaries for probats of willes, that it were too much to rehearse.

2 The second was the great polling and extreame exaction, which the spirituall men vsed in taking of corps, presents, or mortuaries. For the children of the defunct should all die for hunger, and go a begging, rather than they would of charitie giue to them the séelie cow which the dead man owght, if he had but onelie one; such was the charitie then.

3 The third cause was, that priests being surueiors, stewards and officers to bishops, abbats, and other spirituall heads, had and occupied farmes, granges, and grasing in euerie countrie, so that the poore husbandmen could haue nothing but of them; and yet for that they should paie déerlie.

4 The fourth cause was, that abbats, priors, and spirituall men kept tan-houses, and bought and sold wooll, cloth, and all maner of merchandize, as other temporall merchants did.

5 The fift cause was, bicause that spirituall persons promoted to great benefices, and hauing their liuings of their flocke, were lieng in the court in lords houses, and tooke all of the parishioners, and nothing spent on them at all: so that for lacke of residence both the poore of the parish lacked refreshing, and vniuersallie all the parishioners lacked preaching and true instruction of Gods word, to the great perill of their soules.

6 The sixt cause was, to sée one priest little learned, to haue ten or twelue benefices, & to be resident vpon none; and to know manie well learned scholars in the vniuersities which were able to preach & teach to haue neither benefice nor exhibition.

These things before this time might in no wise be touched, nor yet talked of by anie The bishops sticke hard against these billes. man, except he would be made an heretike, or léese all that he had. For the bishops were chancellors, and had all the rule about the king, so that no man durst once presume to attempt anie thing contrarie to their profit or commoditie. But now, when God had illuminated the eies of the king, and that their subtile dooings were once espied; then men began charitablie to desire a reformation: and so at this parlement men began to shew their grudges. Wherevpon the burgesses of the parlement appointed such as were learned in the law, being of the common house, to draw one bill of the probats of testaments, another for mortuaries, and the third for non residence, pluralities, and taking of farmes by spirituall men. The learned men tooke much paines, and first set foorth the bill of mortuaries, which passed the common house, and was sent vp to the lords. To this bill the spirituall lords made a faire face; saieng; that suerlie priests and curats tooke more than they should, and therefore it were well done to take some reasonable order: thus they spake, bicause it touched them little.

But within two daies after was sent sent vp the bill concerning probats of testaments; at the which the archbishop of Canturburie in especiall, and all other bishops in generall both frowned and grunted, for that touched their profit. Insomuch as doctor Iohn Fisher bishop of Rochester said openlie in the parlement chamber these words: My lords, you she dailie what billes come hither from the common house, The saieng of Iohn Fisher bishop of Rochester. and all is to the destruction of the church. For Gods sake sée what a realme the kingdome of Boheme was; and when the church went downe, then fell the glorie of the kingdome: now with the commons is nothing but Downe with the church; and all this me séemeth is for lacke of faith onlie. When these words were reported to the commons of the nether house, that the bishop should saie, that all their dooings were for lacke of faith, they tooke the matter gréeuouslie, for they imagined that the bishop estéemed them as heretikes, and so by his slanderous words would haue persuaded the temporall lords, to haue restrained their consent from the said two billes, which they before had passed, as you haue heard before.

Wherefore the commons, after long debate, determined to send the speaker of the A complaint made to the king against the bishop of Rochester. parlement to the kings highnesse, with a gréeuous complaint against the bishop of Rochester. And so on a daie, when the king was at leasure, Thomas Audleie speaker for the commons, and thirtie of the cheefe of the common house, came to the kings presence in his palace at Westminster, which before was called Yorke place; and there verie eloquentlie declared what a dishonor to the king and the realme it was, to saie, that they which were elected for the wisest men of all the shires, cities, and boroughs, within the realme of England, should be declared, in so noble and open presence, to lacke faith: which was equiualent to saie, that they were infidels, and no christians, as ill as Turkes, or Saracens, so that what paine or studie soeuer they tooke for the common wealth, or what acts or lawes soeuer they made or stablished, should be taken as lawes made by Painins and heathen people, and not woorthie to be kept by christian men. Wherefore he most humbly besought the kings highnesse to call the said bishop before him, and to cause him to speake more discréetlie of such a number as was in the common house.

The king was not well contented with the saieng of the bishop, yet he gentlie answered the speaker, that he would send for the bishop, and send them word what answer he made, and so they departed againe. After this the king sent for the archbishop of Canturburie and six other bishops, and for the bishop of Rochester also, and there declared to him the grudge of the commons; to the which the bishop answered, that he meant the dooings of the Bohemians was for lacke of faith, and not the dooings of them that were in the common house. Which saieng was confirmed The bishops excuse to the kings maiestie. by the bishops being present, who had him in great reputation: and so by that onelie saieng the king accepted his excuse, and thereof sent word to the commons by sir William Fitz Williams knight, treasuror of his houshold; which blind excuse pleased the commons nothing at all. After diuerse assemblies were kept betwéene Hard hold betwéene the lords spirituall and temporall about the probats of willes and mortuaries. certeine of the lords, and certeine of the commons, for the billes of probats of testaments, and the mortuaries; the temporaltie laid to the spiritualtie their owne lawes and constitutions; and the spiritualtie sore defended them by prescription & vsage, to whom this answer was made by a gentleman of Greies inne: The vsage hath euer beene of théeues to rob on Shooters hill, ergo is it lawfull?

With this answer the spirituall men were sore offended; because their dooings were called robberies. But the temporall men stood still by their saiengs, insomuch that the said gentleman said to the archbishop of Canturburie, that both the exaction of probats of testaments, and the taking of mortuaries, as they were vsed, were open robberie and theft. After long disputation, the temporall lords began to leane to the commons: but for all that the billes remained vnconcluded for a while. In the meane The loane of monie released to the king, which be borowed in anno reg. 15. season, there was a bill assented to by the lords, and sent downe to the commons: the effect whereof was, that the whole realme by the said act did release to the king, all such summes of monie as he had borrowed of them at the loane, in the fiftéenth yeare of his reigne (as you haue heard before.) This bill was sore argued in the common house, but the most part of the commons were the kings seruants, and the other were so laboured to by other, that the bill was assented vnto.

When this release of the loane was knowen to the commons of the realme, Lord so they grudged & spake ill of the whole parlement. For almost euerie man counted it his debt, and reckoned suerlie of the paiment of the same. And therefore some made their willes of the same, and some other did set it ouer to other for debt, and so manie men had losse by it, which caused them sore to murmur, but there was no remedie. The king like a good and discréet prince, séeing that his commonh in the parlement house had released the loane, intending somewhat to requite the same, granted to them a generall pardon of all offenses; certeine great offenses and debts onelie excepted: also he aided them for the redresse of their griefes against the spiritualtie, and caused two new billes to be made indifferentlie, both for the probats of testaments and mortuaries; which billes were so reasonable, that the spirituall lords assented to The matter of testaments and mortuaries moderated by the king. them all, though they were sore against there mindes, & in especiall the probats of testaments sore displeased the bishops, and the mortuaries sore displeased the parsons and vicars.

After these acts thus agréed, the commons made another act for pluralities of benefices, non residence, bieng selling and taking of farmes by spirituall persons. Which act so displeased the spiritualtie, that the priests railed on the commons of the common house, and called them heretikes and schismatikes, for the which diuerse priests were punished. This act was sore debated aboue in the parlement chamber, and the lords spirituall would in no wise consent. Wherefore the king perceiuing the grudge All against the cleargie both head and tails. of his commons, caused eight lords and eight of his commons to méet in the Star chamber at an after noone, and there was sore debating of the cause, in so much that the temporall lords of the pper house, which were there, tooke part with the commons, against the spirituall lords; and by force of reason caused them to assent to the bill with a little qualifieng. Which bill the next daie was wholie agreed to in the lords house, to the great reioising of the laie people, and to the great displeasure of the spirituall persons. During this parlement was brought downe to the commons the booke of articles, which the lords had put to the king against the cardinall, the chiefe wherof where these.

Articles exhibited against the cardinall of Yorke.

  1. 1 First, that he without the kings assent had procured to be a legat, by reason whereof he tooke awaie the right of all bishops and spirituall pesons.
  2. 2 Item, in all writings which he wrote to Rome, or anie othr forren prince, he wrote Ego & rex meus, I and my king: as who would saie, that the king were his seruant.
  3. 3 Item, that he hath slandered the church of England in the court of Rome. For his suggestion to be legat was to reforme the church of England, which (as he wrote) was Facta in reprobum sensum.
  4. 4 Item, he without the kings assent carried the kings great seale with him into Flanders, when he was sent ambassador to the emperour.
  5. 5 Item, he without the kings assent, sent a commission to sir Gregorie de Cassado, knight, to conclude a league betwéene the king & the duke of Ferrar, without the kings knowledge.
  6. 6 Item, that he hauing the French pockes presumed to come and breath on the king.
  7. 7 Item, that he caused the cardinals hat to be put on the kings coine.
  8. 8 Item, that he would not suffer the kings clerke of the market to sit at saint Albons.
  9. 9 Item, that he had sent innumerable substance to Rome, for the obteining of his dignities, to the great impouerishment of the realme.
These articles, with manie more, read in the common house, and signed with the cardinals hand, was confessed by him. And also there was shewed a writing sealed with his scale, by the which he gaue to the king all his mooueables and vnmooueables. On the daie of the Conception of our ladie, the king at Yorke place at Westminster, Creation of earles at Yorke place. in the parlement time, created the vicount Rochford erle of Wilshire, and the vicount Fitz Water was created earle of Sussex, and the lord Hastings was created earle of Huntington. When all things were concluded in the parlement house, the king came to the parlement chamber the 17 daie of December, and there put his roiall assent to all things doone by the lords and commons, and so proroged his court of parlement till the next yeare. After the parlement was thus ended, the king remooued to Gréenewich, and there kept his Christmasse with the queene in great triumph: with great plentie of viands, and diuerse disguisings and enterludes, to the great reioising of his people.

The king, which all this while, since the doubt was mooued touching his marriage, absteined from the quéenes bed, was now aduertised by his ambassadors, whom he had sent to diuerse vniuersities for the absoluing of his doubt, that the said vniuersities were agreed, and cléerelie concluded, that the one brother might not by Gods law marrie the other brothers wife, carnallie knowen by the first marriage, & that neither the pope nor the court of Rome could in anie wise dispense with the same. For ye must vnderstand, that amongst other things alleged for disproofe of the mariage to A speciall argument in disproofe of the marriage. be lawfull, euidence was giuen of certeine words, which prince Arthur spake the morrow after he was first married to the quéene, whereby it was gathered, that he knew hir carnallie the night then passed. The words were these, as we find them in the chronicle of master Edward Hall.

In the morning after he was risen from the bed, in which he had laine with hir all night, he called for drinke, which he before time was not accustomed to doo. At which thing, one of his chamberleines maruelling, required the cause of his drought. To whomehe answered merilie, saieng; I haue this night béene in the middest of Spaine, which is a hot region, and that iournie maketh me so drie, and if thou haddest beene vnder that hot climat, thou wouldest haue béene diier than I. Againe, it was alleged, that after the death of prince Arthur, the king was deferred fioml the title and creation of prince of Wales almost halfe a yeare, which thing could not haue béene doubted, if she had not béene carnallie knowen. Also she hir selfe caused a bull to be purchased, in the which were these words Velforsan cognitam, that is, and peraduenture carnallie knowen: which words were not in the first bull granted by pope Iulie at hir second mariage to the king, which second bull with that clause was onelie purchased to dispense with the second matrimonie, although there were carnall copulation before, which bull néeded not to haue béene purchased, if there had béeue no carnall copulation, for then the first bull had beene sufficient. To conclude, when these & other matters were laid foorth to prooue that which she denied, the carnall copulation betwixt hir and prince Arthur, hir counsellors left that matter, and fell to persuasions of naturall reason. And lastlie, when nothing else would serue, they stood stiffe in the appeale to the pope, and in the dispensation purchased from the court of Rome, so that the matter was thus shifted off, and no end likelie to be had therein.

The king therefore vnderstanding now that the emperour and the pope were appointed to méet at the citie of Bononie aliàs Bologna, where the emperour should be crowned, sent thither in ambassage from him the earle of Wilshire, doctor Stokesleie, Ambassadors sent to Italie out of England about this intricate matter of the marriage. elected bishop of London, and his almoner doctor Edward Lee, to declare botl vnto the pope and emperour, the law of God, the determinations of vniuersities in the case of his mariage, and to require the pope to doo iustice according to truth, and also to shew to the emperour, that the king didmooue this matter onelie for discharge of his conscience, an not for anie other respect of pleasure or displeasure earthlie. These ambassadours comming to Bononie were honorablie receiued, and first dooing their message to the pope, had answer of him, that he would heare the matter disputed when he came to Rome, and according to right he would doo iustice.

The emperour answered, that he in no wise would be against the lawes of God, & The emperours answer to the ambassadors. if the court of Rome would iudge that the matrimonie was not good, he could be content: but he solicited both the pope and cardinals, to stand by tlle dispensation, which he thought to be of force inough to prooue the mariage lawfull. With these answers the ambassadors departed and returned homewards, till they came on this side the mounteins, and then receiued letters fiomn the king, which appointed the earle of Wilshire to go in ambassage to the French king which then laie at Burdeaux, The earle of Wilshire ambassador to the French king, & others sent to other places. making shift for monie for redéeming of his children: and the bishop of London, was appointed to go to Padoa, and other vniuersities in Italie, to know their full resolutions and determinate opinions in the kings case of matrimonie: and the kings almoner was commanded to returne home into England, and so he did.

¶ You haue heard before how the cardinall was attainted in the premunire, and how Abr. Flem. ix Edw. Hall in H. 8. fol. cxcj. cxcij. 1530 The cardinall licenced to repaire into Yorkeshire. he was put out of the office of the chancellor, & laie at Asher. In this Lent season the king by the aduise of his councell licenced him to go into his diocesse of Yorke, & gaue him commandement to kéepe him in his diocesse, and not to returne southward without the kings speciall licence in writing. So he made great prouision to go northward, and apparelled his seruants newlie, and bought manie costlie things for his houshold: and so he might well inough, for he had of the kings gentlenesse the bishoprikes of Yorke and Winchester, which were no small things. But at this time diuerse of his seruants departed from him to the kings seruice, and in especiall Thomas Crumwell one of his chiefe counsell, and chiefe dooer for him in the suppression of abbeies. Thomas Crumwell aduanced to the kings seruice. After that all things necessarie for his iournie were prepared, he tooke his waie northward till he came to Southwell, which is in his diocesse, and there he continued this veare, euer grudging at his fall, as you shall heare hereafter. But the lands which he had giuen to his colleges in Oxford and Ipswich, were now come to the kings hands, by his atteindor in the premunire: and yet the king of his gentlenesse and for fauour that he bare to good learning, erected againe the college in Oxford, and where it was The kings college in Oxford otherwise called Christs church. named the cardinals college, he called it the kings college, & indowed it with faire possessions, and put in new statutes and ordinances. And for bicause the college of Ipswich was thought to be nothing profitable, therefore he left that dissolued.

In this yeare the emperour gaue to the lord master of saint Iohnes of Ierusalem, and his brethren the Iland of Malta lieng betwéene Sicill and Barbarie, there to imploie themselues vpon Christs enimies, which lord master had no place sure to inhabit there, since he was put frō the Rhodes by the Turke that besieged Vienna, but missed of his expectation. For the christians defended the same so valiantlie against the said Tuike and his power, that he lost manie of his men by slaughter; The number of the Turks that died at the siegs of Vienna. manie also miscarried by sicknesse and cold: so that there perished in all to the numher of fourescore thousand men, as one of his bassats did afterward confesse, which was to him a great displeasure; and in especiallie bicause he neuer besieged citie before, but either it was yéelded or taken. In the time of this siege a metrician did make these two verses in memorie of the same:

Cæsar in Italiam quo venit Carolus anno,
Cincta est ripheis nostra Vienna Getis.]

In the beginning of this yeare was the hauing and reading of the new testament

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