BHO

Henry VIII: July 1529, 12-19

Pages 2572-2585

Letters and Papers, Foreign and Domestic, Henry VIII, Volume 4, 1524-1530. Originally published by Her Majesty's Stationery Office, London, 1875.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.

Citation:
Page 2572
Page 2573
Page 2574
Page 2575
Page 2576
Page 2577
Page 2578
Page 2579
Page 2580
Page 2581
Page 2582
Page 2583
Page 2584
Page 2585

July 1529

12 July.
Cal. D. XI. 70. B. M.
5771. KNIGHT to [WOLSEY].
"* * * grace unto me ... the King both the said letters ... [en]tiere recommendations as I could dyvi[se, as well in your n]ame as in the King my master's, dec[laring unto him] how inwardly the King rejoiced to hear by [his ambassadors], the lord duke of Suffolk and Mr. Treasurer, hi[s advice and] opinion in that that he judged requisite, and of g[reat concern] that the King should be a principal party at this d[iet at] Cameray concerning the peace and to have his p ... causes of amity and intercourse to pass apart ... declaration and rehearsal of his inward intent and mind ... how firmly and like a very natural loving brother [he] intended to adhere unto the King in his cause of matr[imony], extending his virtuous behaviour towards the King's [highness], and the King's most hearty thanks for the same unto him, [in as] ample form as my poor wit would serve me to do. Whereunto the French king did make answer, that in all [his] doings for the King's highness, he did but his duty, for h[e] was more obliged unto the King than he could by words [or] writing express or by any actual merit recompense; bu[t] his Highness should assuredly find that he would emp ... * * * being also required ... Moore, I said that inasmuch ... writing of his own hand to concur ... after in all fortunes. It was much exp[edient, in] case the Emperor by reason of the King's matrimony ... of the same would attempt the war, to cap[itulate] and plainly to agree and know in time convenient [how and] after what fashion he would concur unto the said wa[r], desiring him, therefore, to write unto the lady Regent, and t[o] require her to capitulate with the King's ambassadors upon th[is]. He answered that he would right gladly, requir[ing] his mother to give audience unto the King's ambassadors an[d] to capitulate with them upon all reasonable requests [and] demands that they would propose concerning the form [of] the said war, whereof I have advertised my lords the ambassadors with diligence." Sends a copy of the king of Scots' letter. Channy, 12 July.
Hol., mutilated.
12 July.
R. O.
5772. THOMAS CROMWELL.
Will of Thomas Cromwell, of London, made on the 12 July 1529, 21 Hen. VIII. (fn. 1)
His body to be buried where he shall die. Bequeaths to his son, Gregory Cromwell, [400l.] (fn. 2) 666l. 13s. 4d. to be invested in lands to his use, at 33l. 6s. 8d. a year, descending to heirs male, &c., the profits to be spent on his education till he reach the age of 22; a sum of 200l. when he is 24 years old; three of his best feather beds, with bolsters and blankets of fustian; best coverlet of tapestry and quilt of yellow Turkey satin, 10 pr. best sheets, 4 pillows of down, 4 pr. best pillow beres, 4 table cloths, 4 best towels, 2 doz. of my finest napkins, and 2 doz. others; [a]† two garnyssh of my best vessel; 3 of my best brass pots; 3 brass pans, 2 kettles, 2 spits; my best joined bed of Flanders work, with the best syler and tester; my best press carven of Flanders work, and best cupboard of the same, 6 joint stools of Flanders work, and 6 cushions; a bason with a lewer parcel gilt, my best salt gilt, my best cup gilt, 3 of my best goblets gilt, 3 others parcel gilt, 12 of my best silver spoons, 3 of my best drinking ale pots gilt. The plate to be kept for his son till he be of the age of 22; and if he die before that age, to be sold, and the money divided among my poor kinsfolk, viz., the children of my sisters Eliz. and Katharine, and of my late wife's sister Joan, wife to John Willyamson. And if all their children die before the partition, the proceeds to go to my other poor kinsfolk, in deeds of charity for my soul, &c.
[To my daughter Anne, 100 marks when she is of lawful age to be married, and 40l. to her finding till then, which is to be delivered to my friend John Croke, one of the Six Clerks of Chancery; with provisions for contingencies. (fn. 3) ] To my sister, Elizabeth Wellyfed, wife to Will. Wellyfed, [20l., which she oweth me,‡] 40l., 3 goblets without a cover, a maser and a nut. To my [cousin‡] nephew Ric. Wyllyams, [servant to the marquis Dorset,‡] 66l. 13s. 4d., my best gown, doublet, and jacket. To my nephew Chr. Wellyfed, 40l., with my fifth gown, doublet, and jacket. To my nephew Will. Wellyfed, jun., 20l. To my niece Alice Wellyfed, to her marriage, 20l., with remainder to her brother Christopher if she die before, and after him to his brother William Wellyfed the younger; and if they all die, to my son Gregory, or if he die before them, to [Anne and Grace, my daughters,†] Richard Wylliams and Water Williams, my nephews. To my mother-in-law, Mercy Pryor, 40l., and her chamber, with certain household stuff and plate, described. To my brother-in-law, Will. Wellyfed, 20l., my third gown, jacket, and doublet. To John Wyllyamson, [20l.†], 100 marks, a gown, a doublet, and a jacket, a feather bed, a bolster, and other articles. To Johane Wyllyamson, "their" daughter, to her marriage, 20l.; and to every other of their children, [3l. 6s. 8d. (fn. 4) ], 6l. 13s. 4d. To Walter Wyllyams, my [cousin*] nephew, 20l. To Rafe Sadleyer, my servant, [100*] 200 marks, my second best jacket and doublet, and all my books. To Hugh Whalley, my servant, 6l. 13s. 4d. To Stephen Vaughan, sometime (fn. 5) my servant, [10l.] 100 marks. To Page, my servant, otherwise called John du Pount, 6l. 13s. 4d. [To Eliz. Gregory, sometime my servant, 20l., 6 pr. of sheets, a feather bed, and other articles. (fn. 6) ] To Thos. Averey, my servant, 6l. 13s. 4d. [To John Croke, one of the Six Clerks of Chancery, 10l., my second gown, doublet, and jacket. To Roger More, serjeant of the King's bake-house, 6l. 13s. 4d., and 3 yds. satin; and to Maudelyn, his wife, 3l. 6s. 8d.‡] To John Horwood, 6l. 13s. 4d. [To my little daughter Grace, 100 marks when she comes of age to marry, and 40l. towards her exhibition till then, to be delivered to my brother-in-law John Willyamson; and if she die, the remainder to go to my son Gregory; and if he be dead, to be divided among my poor kinsfolks, i.e., my sister's children aforesaid.‡] The rest of my apparel to be divided among my servants.
My executors are to take the yearly profits of my farm of [Sutton at Hone and Temple Dartford in Kent, and of the parsonage of Sutton‡] Canbery in Middlesex, and out of them [distribute in charity for my soul 40s. a quarter, (fn. 7) ] pay my brother-in-law Will. Wellffe[d], and Eliz. his wife, my only sister, 20l.; the remainder of the rent to be kept to the use of my son Gregory till he be 22 years old, when he shall have the farm; or if he die before, my cousin Richard Williams.
My executors to hire a priest to sing for my soul, at 6l. 13s. 4d. a year, for seven years, and to give 20l. towards the making of highways in this realm, where it shall be thought most necessary. Further bequests to the five Orders of Friars in London, for 60 poor maidens' marriages, 13s. 4d. each, for poor householders to pray for my soul, for poor parishioners of the parish where I dwell at my decease, to the poor prisoners of Newgate, Ludgate, King's Bench, and Marshalsea.
(fn. 8) [Bequests to Will. Brabason, my servant; John Averey, yeoman of the bottles with the King; Thurston, my cook; and Will. Bodye, Peter Mewtes, Ric. Swyft and Geo. Wylkynson, my servants; Thos. Alvard and Thos. Russhe, my friends; John Hynde, my horsekeeper. The patent of the manor of Rompney to be kept to the use of my son Gregory when of age.]
The rest of his goods, after payment of funeral expences, to be sold and distributed in charity. The following to be executors:—[John Croke, one of the Six Clerks of Chancery,‡] Steph. Vaughan, (fn. 9) Ralph Sadleyer, my servants, [John Smyth‡,] and John Wyllyamson, my brother-in-law. Roger More to be overseer.
In Wriothesley's hand, with corrections by Cromwell; pp. 20. Each page is signed by Cromwell at the foot. On a fly leaf in front is written by Wriothesley: A copy of my master his will.
R. O. 2. Draft (imperfect at the beginning) of will, probably of a relative of Cromwell, containing the following bequests:—To each of his servants, being a waterman or miller, 3s. 4d.; to Henry Turpyn, "my kinsman," at Wandsworth, 8l., to be paid in yearly instalments of 40s., with two feather beds, half a dozen silver spoons, and "my little maser that I now have at Wandsworth, and my tawney gown, furred with black." To Jenet Emotson, my brother's daughter, 40s. in money, and my third maser, to pray for my soul. To James Storey, baker, my best gown and doublet. To—Jakson, chaundlar, of Westminster, my violet gown, furred with black. A chalice, to be made of his plate, is bequeathed to the parish church at Wandsworth. To Elizabeth, wife of William Wellyfed, one of his best goblets. His executors to have his interest in the lease of his mills and lands at Wandsworth. Elizabeth my wife to have the remainder of my term of years in my house or mill and lands in the parish of St. Olave's, Southwark, my six horses that my servants know belonged to my said house, and all the household stuff; but she is not to meddle with the horses or stuff belonging to the mill at Wandsworth. The residue of his goods to go to Adam Beeston, of the parish of St. Olave, brewer, and to James à Stable, dwelling at Totyng Gravelyng, in Surrey. John Kyngesmill, of the parish of St. Olave's, to be executor.
Pp. 3.
R. O. 5773. DOCUMENTS CONNECTED WITH THE DIVORCE.
I. Articles of the treaty between the king of Castile and Henry VII. for the marriage between Arthur prince of Wales and lady Katharine.
II. Articles of the treaty of marriage between prince Henry and Katharine.
III. Articles of a treaty between Henry VIII. and Francis I. (fn. 10)
IV. Another abstract of the treaty of marriage between Arthur and Katharine, 1496.
V. Another abstract of the same.
VI. Copy of I., II., and III.
VII. Copy of IV.
VIII. Letters patent of prince Arthur conferring a dowry on princess Katharine, 14 Nov. 1501.
IX. Articles of the treaty of marriage between Charles prince of Spain, and Mary daughter of Henry VII., 1507.
X. "A brief collection out of an account of the jointure of queen Katharine of Spain, made for one whole year ended in the 13th year of the reign of King Henry the VIII."
XI. Extract from letters patent of king Henry VIII. to his consort queen Katharine (Parr ?) (fn. 11)
XII. Abstract of the second treaty of the marriage betwixt Katharine of Castile and Henry prince of Wales, 1503.
XIII. Opinions respecting the divorce, "pro Rege."
XIV. Two letters patent of Augustine Spinola, cardinal of St. Cyriac in Thermis, dated 27 January 1529, marked "Contra."
Copies, all modern, except XIII. and XIV.
Vit. B. XII.
f. 60 b. B. M.
2. Memorandum of the production by Mr. Hughes, on the 12 July [1529], of the following witnesses against the dispensation exhibited by the Queen; viz., dukes of Norfolk and Suffolk, the marquis of Dorset, viscount Rochford, the bishop of Carlisle, Sir David Owen, Sir John Hussey, and Sir Ric. Weston, to whom an oath was administered.
Draft, Lat., p. 1.
R. O.
Pocock's Records, I. 1.
3. [Hadrian de Castello to Henry VII.] Written shortly after the election of pope Julius II., of which he gives some particulars. On visiting the Pope next day, he first spoke of Henry's zeal for the Holy See, and for a crusade against the Turks; then asked for a dispensation between the King's son and the daughter of the kings (regum) of Spain,—also for some corrections in the Bull of Indulgence. The Pope said the dispensation was a great matter; nor did he well know, prima facie, if it were competent for the Pope to dispense in such a case, but if he could he would gladly satisfy Henry and the Catholic kings, whose ambassadors had already spoken with him. (fn. 12) Hadrian replied that it was quite lawful, and there were excellent reasons for giving it, and said there were precedents under Alexander [VI.], Innocent [VIII.], and Sixtus [IV.] The Pope at last promised to consult with certain Cardinals, of whom he named Hadrian one. Applied also for the bulls for the vacant bishoprics of Canterbury, Chichester and St. Asaph's, the expedition of which the Pope committed to him, as Pius III. had done. News of Naples.
Hol., Lat., pp. 4. Imperfect.
Vit. B. XII. 213.
B. M.
4. Opinion denying the Pope's power of granting dispensations for marriage within the first degrees of consanguinity or affinity.
Lat., pp. 2.
Vit. B. XII. 211.
B. M.
5. Notes concerning the proceedings in matrimonial cases.
Lat., pp. 2, mutilated.
Vit. B. XII. 219.
B. M.
6. Extracts from letters of John Hildebert, bishop of Mans, to the bishop of Seez, and others, supporting the King's case.
Lat., pp. 8, mutilated.
Vit. B. XII. 217.
B. M.
7. Copy of a bull of _ to the bishops of Ely, Norwich, ... and St. Asaph's, denying the lawfulness of the marriage of the prince of North Wales with the widow of his uncle, daughter of the Lord of the Isles.
Lat., pp. 4, mutilated.
Vit. B. XII. 214.
B. M.
8. Opinions of St. Gregory, Hugo, Alexander, Peter de Palude, and others, and references to passages in other authors concerning marriages of affinity.
Lat., pp. 5, mutilated.
Vit. B. XII.
205*. B. M.
9. "Lanfrancke, bishope of Canterburye, under kyng William the 2, brought in first Transubstantiation; and Anselm, under Henry the First, his successor, brought in unmaryed preastes; so maried priests and ther impanation (?) cannot agree, it is so pope holye, he may not toutche it; the maden preast and it must neads go together, the one cannot stand without the uther.
"Flores Hist. penninge this history in anno 1051, sathe it was done prope civitatem Lindiusfarne, meninge Durham, wich name is to be observed of satche as trewlye would understand thistorye."
On a small slip of paper.
Vit. B. XII. 70.
B. M.
5774. KATHARINE OF ARRAGON.
A set of depositions as to Katharine's marriage with prince Arthur.
1. Of George earl of Shrewsbury, seneschal of the King's household, at the Coldherbar, on Monday, 28 June 1529. Is 59 years of age. Was present at the marriage of Henry VII. at Westminster, and at the creation of Arthur prince of Wales and Henry duke of York. They were always considered as brothers, and he never heard it contradicted. Was present at the marriage of prince Arthur with Katharine, now Queen, at St. Paul's, in Nov. 17 Hen. VII. 1521 (sic). Believes that Arthur was then 14 or more. Saw the queen Elizabeth and him a month after his birth, at Winchester, in 2 Hen. VII. Believes that Catharine was more than 14. Thinks that Arthur must have been nearer 15 than 14. At night, with the lord of Oxford and others, conducted prince Arthur to the lady Catharine's bedchamber, and left him there. Supposes that the Prince consummated the marriage,—as he did so, being only 15½ years when he was married. They were always considered lawfully married during the life of prince Arthur. Saw the funeral of prince Arthur at Worcester, and the marriage of the King and Queen at Greenwich. Cannot answer the 6th and 7th articles, but leaves them to the laws. Never heard what is contained in the 8th article. As to the 9th, knows that the King and Queen cohabited and treated each other as husband and wife, but cannot say whether lawfully or not. Can say nothing from his own knowledge as to the 10th, 11th, and 12th articles. Has made this deposition without being instructed or corrupted in any way, only for the sake of truth.
Lat. and Eng., pp. 12.
Vit. B. XII. 80.
B. M.
2. Of Thomas marquis of Dorset. Is 52 years of age. The 1st and 2nd articles contain the truth. Was present at the baptism of Arthur and Henry,—the former at Winchester, and the latter at Greenwich. Was present at the marriage of prince Arthur with Catharine, now Queen, at St Paul's, on a Sunday in Nov. 1501, 17 Hen. VII. Believes Arthur was about 15, for he has seen in the book in which are written the births of the King's children that he was born 20 Sept. 1486. Was present when prince Arthur went to bed after his marriage, where the lady Catharine lay under the coverlet, "as the manner is of queens in that behalf." Thinks that he used the princess as his wife, for he was of a good and sanguine complexion, and they were commonly reputed as man and wife during prince Arthur's life. As to the 5th article, he can depose nothing to the first part, as he was then prisoner at Calais; but the remainder, touching cohabitation and reputation, is true. Can say nothing to the 6th, 7th, and 8th. The 9th, 10th, 11th, and 12th contain the truth, as he believes.
Lat. and Eng., pp. 8.
Vit. B. XII. 85.
B. M.
3. Of Sir Antony Willoughby. Has lived 15 years in Hampshire, for 12 years previously in Wiltshire. Was five years in the service of prince Arthur, for five years before that in the service of the bishop of Durham, and before that time in his father's household. Believes the 1st and 2nd articles to be true. To the 3rd and 4th, was present at the marriage of prince Arthur and lady Catharine. By favor of his father, lord Broke, steward of the King's household, was present when prince Arthur went to bed on his marriage night in the palace of the bishop of London. In the morning the prince, in the presence of Mores St. John, Mr. Cromer, Mr. William Woddall, Mr. Griffith Rice, and others, said to him, "Willoughby, bring me a cup of ale, for I have been this night in the midst of Spain;" and afterward said openly, "Masters, it is good pastime to have a wife." He, therefore, supposes that the marriage was consummated; and he heard that they lay together the Shrovetide following at Ludlow.
Knows that they lived together as man and wife during the remainder of the Prince's life.
Believes the 5th article to be true. Can depose nothing to the 6th, 7th and 8th. Believes the 9th, 10th and 11th to be true. The 12th contains law; to which he is not bound to reply. To the second additional interrogatory he replies, that it contains the truth, for he has been present twenty times at the solemnization of marriage, and the said form of words is always used.
Lat. and Eng., pp. 10, draft.
Cott. App.
XXVII. 133. B. M.
4. Another draft, incomplete.
Vit. B. XII. 98.
B. M.
5. Examination of witnesses by John Tayler, archdeacon of Buckingham, in the presence of Florian Montini, William Claiburgh, and Richard Watkins, notaries.
Deposition of George earl of Shrewsbury. (See § 1.)
Deposition of Thomas marquis of Dorset. (See § 2.)
Deposition of Anthony Poynes. Is 50 years of age. Was born in Kent. Has lived there, in the Isle of Wight, and in Gloucestershire. Served prince Arthur for five or six years, and subsequently Henry VII. and Henry VIII. The 1st and 2nd articles are true. Henry VII. appointed him to serve prince Arthur as his eldest son, and he remained in his service until his death. As to the 3rd and 4th articles, was present at the marriage of prince Arthur and lady Catharine. Believes the Prince was above 15 years of age. Knows that the Prince and lady Catharine lived together as man and wife. To the remaining articles gives similar answers to those in the preceding depositions.
ii. Deposition of Sir William Thomas, of Carmarthen. Is 50 years of age or thereabout. Has lived in Carmarthen and Shropshire for 25 years. Was groom of the privy chamber to prince Arthur, for three years before his death. Henry VII. and his Queen always lived and were reputed as man and wife. Was appointed and sworn servant to prince Arthur as the King's son, and similarly to Henry VIII. after Arthur's death, and both Princes received the dignities proper to the King's sons. Was present at the marriage of the prince Arthur and lady Catharine, and they were married lawfully, as far as he knows or ever heard. Knows that they lived together near London and at Ludlow for five months, till the Prince's death. As one of the Prince's privy chamber, often conducted him in his nightgown to the Princess's bedchamber door, received him in the morning, and conducted him to his own room. They called each other prince and princess, man and wife, and were always so reputed.
Believes that prince Arthur was 15 years of age. Has been told so by Sir William Woddall and others who were present at his baptism. Believes that the lady Catharine was 18. Was present at the marriage of the present King and Queen in the Queen's closet at Greenwich.
iii. Deposition of Sir Henry Guldeford. Is 40 years of age. Agrees with lord Darcy, the previous witness, as to the 1st and 2nd articles, except that he did not serve Henry VII. Can depose nothing as to the consummation of the marriage, as he was then not 12 years old. No special replies to the remaining articles.
iv. Deposition of Sir David Owen, of Sussex, where he has lived 40 years. Was born in Pembrokeshire. Served Henry VII. in England and abroad. Is 70 years of age. Was present at the marriage of Henry VII. and queen Elizabeth, at the baptism of princes Arthur and Henry, at their creation as prince of Wales and duke of York, and at the marriage of prince Arthur with the lady Catharine.
v. Deposition of Sir John Hussy, of Lincolnshire, 63 years of age. Being asked as to the peace between England and Spain, answered that there was continual peace during the life of prince Arthur and afterwards. Cannot say whether it would have endured if Henry VIII. had not married lady Catharine. King Henry VII. died 20 years ago, within a week of the Feast of St. George. Was comptroller of the household, and at the court at Richmond when he died. Was present at his burial at Westminster. Believes that Henry VIII. was 38 years of age on the eve of St. Peter.
Lat. and Eng., draft, pp. 61.
Vit. B. XII. 130.
B. M.
6. Deposition of Nicholas bishop of Ely.
Is 68 years of age.
Princes Arthur and Henry were legitimate sons of Henry VII. and his queen Elizabeth. Was present at the marriage of prince Arthur, but can say nothing as to the words used, on account of the tumult and multitude of people there. Can say nothing as to the consummation, but he doubts of it, because the Queen has often told him, on the testimony of her conscience, "quod [non] fuit carnaliter a dicto Arthuro cognita," but they were both of sufficient age. As to the 5th article, believes the marriage was contracted both de facto and de jure, by reason of the dispensation; but he cannot depose to the time mentioned in the article. To the 6th article, has always believed that it is true as to jus divinum, and believes that it is also true as to jus ecclesiasticum. The 7th article would be true if there had not been a legitimate dispensation. Can depose nothing to the 8th article. Has heard the archbishop of Canterbury say that he had a dispute with the late bishop of Winchester on the subject. To the 9th, the present King and Queen were lawfully married, as he believes. Believes the 10th to be true, as the Pope affirms it in a rescript. Believes the 11th to be true. To the 12th, does not consider that the legates are competent judges, as an appeal has been made.
Draft, mutilated, pp. 3.
Vit. B. XII. 96b.
B. M.
7. "... [di]e mensi Julii anno Domini supradicto, comparuit M. ... has allegans ... post terminum ad proponendum omnia effluxum ... b instrumentum protestationis de novo repertum ... dedit articulum additionalem et protestationem per Regem, &c., et subscriptam manu et subscriptione Nicholai Eliensis, qui ... recognovit protestationem subscriptam manu sua, &c. Deinde judices ex causa instrumentorum de novo repertorum prorogaverunt et in contumacia reginæ prorogaverunt et monuerunt procuratorem regis ad interessendum eodem die, &c."
Corrected draft, p. 1.
Vit. B. XII. 49.
B. M.
8. "Die Veneris, viz., _ die mensis J ... coram R. dominis, judices ad p[etitionem Johannis] Hughes introduxit W. Fal[ke] ... Johannem Tavreman (fn. 13) et Johannem Clamp[ort] ... in testes, &c., super ultimo articulo add[itionali] ... deinde ad promotionem Hughes domini (?) prorogarunt [curiam] quia testes in partibus non fuerunt [voc]ati et quia credat se ... alia munimenta facientia ad ca[usam] omni, &c., in contumaciam reg[inæ] ... Deinde Hughes allegavit [alia] munimenta et scripturæ ... [majoris (fn. 14) ] in archivis et ... chartophylaceo, &c., majorem et ca[merarios] London', &c., et commiserit Magistro B[urbanke], assumpto nobis notariis conjunctim et divisim, &c. ... scrutandum tam libros Herhaldorum ... quam majoris et camerariorum [London' et] aliorum, &c., monuerunt (?) ad pro ... reg' ad interessendum, abbati W[estmonasterii, W.] Burbank, Higons, &c., tam in scriniis re[giis] ... quam aliis, et monuerunt du[cem] Norfolk et dominum Salopiæ de D. Gilfold ad præbendum fam' (?), inspiciendum (?), &c., et ... crastinum" * * *
Draft, mutilated, p. 1. In a very illegible hand.
Cott. App.
XXVII. 135. B. M.
9. Deposition of Robert viscount Fitzwater. Is 46 years of age, or thereabouts. To the 1st and 2nd articles, agrees with Thomas marquis of Dorset. Was in the service of Henry VII. from the death of prince Arthur to the death of the King. Princes Arthur and Henry were always considered as the natural and lawful sons of Henry and Elizabeth. Was assigned by the King to the service of Arthur as his eldest son, and served him till his death.
To the 3rd and 4th articles, was present at the marriage of prince Arthur and lady Katharine. Believes Arthur was then 15 years of age, as he heard from credible witnesses, and that Katharine was older. Was with the earls of Oxford and Shrewsbury, and others, at the bishop of London's palace, waiting on prince Arthur going from his own chamber to that of the Princess, and left him in the bed, where, he believeth surely, the Princess lay. They dwelled together at Ludlow till the Prince's death. As to public report, agrees with the earl of Shrewsbury. To the 5th article, cannot depose, except as to reputation, cohabitation, and offspring, in which he agrees with the marquis of Dorset. To the 6th, 7th and 8th, cannot depose. The 9th contains the truth. Believes the 10th, 11th and 12th to be true. Has not been influenced by force, fear, or the like.
Lat. and Eng., pp. 8, draft.
Cott. App.
XXVII. 139. B. M.
10. Deposition of Thomas lord Darcy.
Is 60 years of age or thereabouts.
To the 1st and 2nd articles, Henry VII. and Elizabeth lived together for many years as husband and wife, to his knowledge, as he was in their service. Arthur and Henry were always considered as their lawful sons, to which he never heard the contrary. To the 3rd and 4th, cannot depose, as he was absent on the King's service in the North of England, but he believes that Arthur and Catharine were lawfully married, from public report. To the 5th, cannot depose concerning the marriage; but as to cohabitation, &c., believes it to be true. To the 6th, 7th and 8th, cannot depose. Believes that the 9th, 10th, 11th and 12th contain the truth. Is not influenced by force, &c.
Lat., pp. 5, draft.
Cott. App.
XXVII. 141 b. B. M.
11. Deposition of William lord Mountjoy.
Is 52 years of age or thereabout.
To the 1st and 2nd articles, agrees with lord Darcy. To the 3rd and 4th, was present at the marriage of Arthur and Katharine, at St. Paul's. Believes Arthur was more than 14 years of age. Knows nothing of Katharine's age, nor of the consummation, except from report. To the 5th, agrees with Thos. marquis of Dorset as to cohabitation, offspring, and reputation, but cannot depose about the marriage. To the 6th and 7th, cannot depose. To the 8th, never heard of any great murmur or scandal in consequence of this marriage, among either the clergy or laity. The 9th contains the truth. To the 10th, 11th and 12th, cannot depose. Is not influenced by fear, &c.
Lat. and Eng., draft, pp. 5.
Cott. App.
XXVII. 133. B. M.
12. Duplicate of the testimony of Sir Henry Guldeford, given above, § 5. iii.
Cott. App.
XXVII. 145. B. M.
13. Deposition of _ (?)
* * * [Katharine] was then commonly considered to be older than Arthur. Has heard from trustworthy persons that they cohabited as man and wife.
Was present at the bishop of London's palace at Paul's, the morrow after the wedding, waiting upon the prince at breakfast, when Morice Sent John said to him, "Sir, ye look well upon the matter;" to which the Prince answered, "I look well for one that hath been in the midst of Spain." From these words he believed that the marriage was consummated. Was told by Maurice Sent John, who was in the Prince's service, that Arthur, after he had lain with the lady Katharine, at Shrovetide after his marriage, began to decay, and was never so lusty in body and courage until his death, which St. John said was because he lay with the lady Katharine. Believes the 5th article to be true. Cannot depose to the 6th, 7th and 8th. Believes the 9th, 10th, 11th and 12th to be true.
Has not been subjected to undue influence.
Lat. and Eng., draft, pp. 5.
Cott. App.
XXVII. 147 b. B. M.
14. Deposition of Thos. visc. Rocheford, 15 July, at the Friars Minors.
Is 52 years of age. To the 1st and 2nd articles, knows that Henry VII. and Elizabeth considered and named Arthur and Henry as their lawful sons, and they were everywhere so considered. To the 3rd and 4th, was present at St. Paul's in Nov. 17 Hen. VII. at the wedding of Arthur and Katharine; Henry VII. was present in the consistory place, and a great number of Englishmen and Spaniards in the church. Believes the marriage was lawful. Arthur was above 15 years of age; which he knew from the books in which the births of the children of the kings of England are entered, and from the report of nobles present at his baptism. Heard from Spaniards that Katharine was more than 16, and she has often told him the same herself. After the marriage they dwelled together as man and wife, to his knowledge, at the King's court and at Ludleye. Believes the marriage was consummated, from their age. Heard from many who were familiar with the Prince, that the day after his marriage he said he had been in the midst of Spain. Believes the 5th, 6th and 7th articles to be true. To the 8th cannot depose. To the 9th, the King and Queen cohabited till about two years ago, when he heard that the King was advised by his confessor to abstain from intercourse with the Queen, so as not to offend his conscience. Believes the 10th, 11th and 12th articles to be true. Has not been subjected to undue influence.
States (fn. 15) in answer to a question, that it is customary for brides, especially noble ladies, to be veiled during the blessing of the bed.
Lat. and Eng., pp. 10, draft.
Cott. App.
XXVII. 152. B. M.
15. Deposition of Sir Ric. Sacheverell, of Leicestershire. Has lived in that county 40 years, and before that in Derbyshire, where he was born. Is 60 years of age and more. To the 1st and 2nd articles, knows that Henry VII. and Elizabeth lived together as King and Queen, and that Arthur and Henry were always considered as their lawful sons. Believes the 3rd, 4th and 5th to be true. Cannot depose to the 6th and 7th. To the 8th, he heard many people say that it was not meet that one brother should marry his brother's wife, referring to the marriage between Henry VIII. and Katharine. Knows the 9th to be true, and believes that the 10th, 11th and 12th are so. Has not been subjected to any undue influence.
Lat. and Eng., draft, pp. 6.
Cott. App.
XXVII. 154 b. B. M.
16. Duplicate of the testimony of Sir David Owen, as given above, § 5. iv.
Cott. App.
XXVII. 155. B. M.
17. Deposition of Sir William Thomas in the Parliament Chamber, 30 June, as given above, § 5. ii.
13 July.
Theiner, p. 587.
5775. CAMPEGGIO to SALVIATI.
By my letters of the 21st, 24th, 25th and 29th ult., I informed you in what state this cause stood, and how it was proceeding with much celerity and more urgency. We have since progressed in the same manner with great strides till this day—always faster than a trot—so that some expect a sentence within ten days; and although we have many things to do—writings, allegations, and processes to see and examine—yet the urgency and diligence is so great that nothing is sufficient to procure us a moment's breathing time. It is impossible for me not to declare my opinion, and what seems to me most convenient, but it will avail little. I will not fail in my duty and office, nor rashly or willingly give cause of offence to any person. When giving sentence, I will have only God before my eyes, and the honor of the Holy See.
The bishop of London and More departed on the 1st to attend the congress at Cambray. They had particular instructions to promote the interests of the Pope and the Holy See. I believe they will use their good offices in this respect, because I did my utmost both with the King and with them. On the 2nd the capture of Mons. de St. Pôl was reported here. London, 13 July 1529.
Ital.
13 July.
R. O.
5776. NIC. WEST, BISHOP OF ELY, to WOLSEY.
Was rejoiced at the good and gracious matters in his letters, which he prays God to bring to pass, and for his kindness in rejoicing at his recovery, of which Dr. Stephyns informed him. Will try and come up to do the King service in the matter, when Wolsey next writes, although he cannot well ride nor sit long on account of his illness. Asks to be excused if he comes by short journeys, but will make all possible speed, considering his disease and the intemperate heat. Downham, beside Ely, 13 July. Signed.
P. 1. Add.: To my lord Legate's grace.
15 July.
Le Grand, III. 336.
5777. THE DIVORCE.
Fragment of a letter of Casalis, 15 July 1529.
The Pope has revoked the King's cause. I know that nothing in the world could be more disagreeable to his Majesty, especially as it was done at the request of the Emperor, at this explanation with the Pope.
Ital.
16 July.
R. O.
5778. THE DIVORCE.
i. Deposition of Mary wife of Henry Bourchier earl of Essex, taken at Stanstede, on Thursday, 15 July 1529, in the presence of Robert Johnson, notary public (of Norwich diocese). Her age is 44 years and over. She says that prince Arthur and Katharine lived as man and wife together; that the two occupied the same bed after the wedding, at London House, and were generally reputed as man and wife.
ii. Deposition of Agnes widow of Thomas late duke of Norfolk, taken on Friday, 16 July 1529, in the church of St. Mary, of the Cluniac priory of Thetford, by Sampson Mychell, canon, in the presence of John [Fletcher] (fn. 16) and [William]* Molyneux, M.A., her chaplain. Her age is 52 years and over. She knew Henry VII. and his queen Elizabeth from the time she was 15, and remembers Katharine coming from Spain, and the marriage of Arthur and Katharine in St. Paul's. "He was then about the stature that the young [earl of] Derby is now at, but not fully so high as the same Earl is." Also, that the said prince Arthur and [princess Ka]theryne, now being Queen, were brought to bed the next night after the said marriage; for this deponent did see them lie ... me in one bed the same night, in a chamber within the said palace being prepared for them, and that this deponent left them so [lying to]gether there the said night."
On two skins of vellum, very badly mutilated.
16 July.
Vit. B. XI. 202. B. M.
5779. BENET, CASALE and VANNES to [WOLSEY].
Yesterday arrived the abbot of Negri, servant of Andrea Doria, who left the Emperor at Barcelona on the 3rd July. He reports that perpetual peace and alliance between the Pope and the Emperor was declared there, which the Pope has ordered to be declared next Sunday, unless his health prevents it. Room is left for the comprehension of other Christian princes. The Abbot says that the Emperor will be here this month. Two thousand Spanish foot have been sent to Genoa. They were detained by the wind at Marseilles, and could have been easily taken by the French, but for their negligence and sloth.
The Imperialists say that the Emperor's daughter is already betrothed to the Pope's nephew, but the Pope will not acknowledge that this has been done. The prince of Orange and the greater part of the Imperial troops are on the road to Florence. Some say that the marquis of Guasto is with them, and that only Ferdinand Gonzaga with 5,000 Italian foot is left to guard Apulia, where there are only 5,000 Venetian and French foot, who are without wages, and in continual tumult.
Ascanio Colonna writes to his agent here, that they will not send the Spaniards from the kingdom of Naples on account of Apulia. Part of the Germans will be sent. Ramazotus, John Sassatelus, and the Vitelli, who are all the Pope's vassals, have each levied 2,000 foot. The Siennese will supply the same number. The Pope says that the Imperialists are going to Perugia to expel Malatesta Baglioni, and he cannot oppose their doing so, as Malatesta is in the service of the French and the Florentines. He confesses that if they have no chance of taking Perugia they will go on to Florence. The French king must come speedily to Italy, unless he wishes to lose everything there, and should at once fortify his towns in Lombardy. Rome, 16 July 1529. Signed.
Lat., pp. 2.
16 July.
Vit. B. XI. 203. B. M.
5780. BENET, CASALE and VANNES to WOLSEY.
Write in full to the King of the state of his cause. Have left nothing undone to restrain the Pope from advoking the cause; have shown him the dangers of doing so, the King's merits, the necessity of the cause, and the scandals and tumult which the advocation would produce, the ruin of the Church, and the loss of England and France. His Holiness acknowledged that all this was true. Added also the ruin that would fall on Wolsey, who had done so much for him and the Holy See. These and other innumerable reasons were of no avail; and he wished to advoke the cause without waiting to hear from the King, saying he neither could nor would wait any longer, for he had heard from Campeggio that the cause was being hastened. No one could do more than they did, but it was in vain. Therefore, on the 13th June, for this purpose alone, a "signatura" was fixed, at which the Pope took the votes of the referendaries, but said that he would defer the signature until the next consistory. Found out secretly that he signed it yesterday morning, as it would have been dishonorable to have signed it after the publication of the new treaty with the Emperor, which will be published here on Sunday. Said to him that his letters to Campeggio tacitly contained the advocation, and were as effectual as this public exhibition of it. But they could not move him. He said it would not please the Imperialists, whom he could not deny. Are now urging him not to send the advocation publicly, nor to grant it to the Imperialists. This also, he says, will not please them, as they wish the advocation to come to the Queen's hands, but he says he will perhaps send it by one of his household. Said that the King was being treated too ignominiously, and that the Imperialists by their boasting would do more harm than good to the Queen. Will speak with the Pope today, if possible. Thinks that he will yield to the Imperialists. Tells Wolsey so, that if nothing else can be done, it may be intercepted at the harbor. Wolsey sees what is to be expected from the Pope if the sentence has been pronounced. His Holiness fears and trusts only the Emperor. Many Imperial captains, both horse and foot, are continually passing on their way to Florence. The prince of Orange is hourly expected. Will again ask the Pope that the cause may not be tried here; but they expect nothing. Are obliged to send this letter by a private courier and by an unsafe route, as no courier can go without Salviati's knowledge, and the Pope does not wish the King to know anything till the advocation is sent.
Silvester Darius gives them much assistance, but everything hangs on the will of one man. Rome, 16 July 1529. Signed.
Lat., pp. 3. Mostly cipher, deciphered. Add. and endd. at ƒ. 208.
Vit. B. XI. 201*.
B. M.
5781. ITALY.
In the kingdom of Naples the Imperialists are collecting forces, and sending them on to Perugia. They have engaged Jo. Sazadello Imoleo, who has long served the Pope. He commands 2,000 foot and 200 horse. The Imperialist troops are daily passing. The duke of Melphi, captain of Sienna, will be here in two days. As Perugia is well fortified, and Malatesta has nearly collected the harvest, it is thought that these troops are intended for Florence and Tuscany. Count Guido Rangon, after the capture of the count of St. Paul, disbanded his forces and went to Venice. The duke of Urbino and the Venetian forces have retreated to the Venetian towns. The 7,000 Imperialists who were at Milan go where they like.
Lat., p. 1. In Vannes' hand. Add. to Wolsey.
16 July.
Rym. XIV. 301.
5782. ST. PETER'S, CHERTSEY.
Restitution of temporalities to the monastery of St. Peter, Chertsey, Winc. dioc., on the election of John Coderey as abbot, whose fealty is to be taken by John Olyver, clk, Westm., 16 July.
Pat. 21 Hen. VIII. p. 2, m. 1.
17 July.
R. O.
5783. THE DIVORCE.
Memorandum that, at the King's command, 17 July 21 Hen. VIII., John abbot of Westm., Dr. Burbank and Dr. Higgons received out of the Treasury of the Receipt four writings:—one with four seals in wooden boxes;† another, with a seal of the Spanish arms, subscribed in the Queen's hand, Katherina princeps Walliæ; another, with a little seal, endorsed, Signum indorsatum in capsa Hispaniæ Arragoniæ;† and another, sealed with the English seal, endorsed as the last. Receipt by Ric. Sampson for the four pieces from Ric. Warner, under-chamberlain of the Treasury. Signed.
P. 1. On the dorse: Receipt by Sampson for a paper relating to the treaty of marriage between Henry prince of Wales and Katherine, daughter of Ferdinand and Elizabeth, and a commission from Spain relating to the marriage. Signed.
Lat.
18 July.
Vit. B. XI. 205. B. M.
5784. CLEMENT VII. to WOLSEY.
Informs him of his having made a treaty with the Emperor for the purpose of facilitating an universal peace. Desires credence for Campeggio. Rome, 18 July 1529.
Lat., vellum, mutilated. Add. Endd.
19 July.
Vit. B. XI. 207. B. M. Burnet, I. II. No. 30.
5785. CLEMENT VII. to WOLSEY.
Is very sorry to have been compelled to advoke the cause. Trusts that Wolsey will feel no regret, considering how much the Pope has done to delay it. Urges him to use his efforts to keep the King well disposed to the Holy See. Refers him to Campeggio. Rome, 19 July 1529.
Lat., vellum, mutilated. Add.
Ibid. f. 208. 2. Another copy.
Lat., vellum, mutilated. Add. Endd.

Footnotes

  • 1. To judge by the handwriting the corrections are some years later.
  • 2. Struck out, and corrected.
  • 3. All this is crossed out.
  • 4. Struck out, and corrected
  • 5. This word is interlined.
  • 6. Crossed out.
  • 7. This is part of a passage which is crossed out.
  • 8. These bequests are added, on a different paper, in Cromwell's own hand, to be inserted here.
  • 9. Interlined in place of Croke.
  • 10. Partly in lord Burleigh's hand.
  • 11. The Court of Augmentations is mentioned.
  • 12. This passage is underlined in the original, and marked in the margin, evidently for the purpose of being used in the divorce suit.
  • 13. Taverner.
  • 14. Crossed out.
  • 15. This paragraph is inserted, and afterwards struck out.
  • 16. Supplied from the copy of these depositions in the record of the proceedings in court. See No. 5791. post.