Almighty God long to preserve in much honour, to his pleasure, and your hearts desire. At Huntington, the 21 day of May. By your highness most humble subjects, servants and chaplains, EDOVARD EBOR, CUTHBERT DU RESME." Queen Catharine, or (as the king commanded her to be called) the Princess Dowager, finding now no assistance but spiritual from the Pope, nor reparation procured by the emperor but incertain and slow, and for the rest grieving at the prosperity and fruitfulness of queen Anne (now with child again, whereof yet she miscarried) fell into her last sickness at Kimbolton in Huntingdonshire, in the 50th year of her age, and the three and thirtieth since ber coming into England; during which time, though comforted by the king and Eustachio Chapuys, doctor of both laws, and ambassador resident from Charles, she fell so desperately ill, as finding death now coming, she caused a maid attending on her to write to the king to this effect: but rather in confirmation of the Opinions of the said Universities, said at Marseilles, that if your grace would send a Proxie thither, he would give the Sentence for your highness against her, because that he knew that your Cause was good and just, which his saying was accordingly also to an Epistle Decretal sent hither by the legat Campejus, whereof the effect was, that if marriage and carnal knowlege were had betwixt prince Arthur and her, the legates should pronounce for the Divorce, according whereunto proofs were brought in before the legats, and also since, before the convocations of this realm, and the bishop of Canterbury, and by them allowed and approved as sufficient and lawful: whereby doth plainly appear, that the Sentence given by the Pope to the contrary was not vailable, because it pronounced the Dispensation, (which he had no power to grant, seeing it was against the law of God) to be good; therefore I had now changed my former opinion, and exhorted her to do the semblable, and forbear to usurp any more the name of a queen; specially for that "My most dear Lord, King and Husband: the Sentence she sticketh so greatly unto, was The hour of my death now approaching, I cangiven after your Grace's appeal to the council not chuse, out aut of love I bear you, advise general, and intimate to the Pope, so that it you of your soul's health, which you ought to could not be vailable. And that if she should prefer before all considerations of the world or so do, she might thereby attain much quiet-flesh whatsoever. For which yet you have cast ness for herself, and her friends, and that she being conformable so to do, I doubted not but your highness would suffer her to have about her such persons as should be to her pleasure, and intreat her as your Grace's most dearest sister, with all liberty and pleasure, with divers other things which by her much enterlacing, I was forced to answer unto. The specialties whereof, and of her obstinacy, that she will in no wise, ne for any peril of her life or goods relinquish the name of a queen, we do remit for tediousness unto the wisdoms and discretions of my lord of Chester, Mr. Almoner, and Mr. Redell, who like as they have very substantially, wisely, and effectually ordered themselves in the execution of the premises, so we doubt not, but that they will sincerely report the circumstances of the same unto your highness, whom we beseech me into many calamities, and yourself into Besides which Letter she dictated another to Eustachius, desiring him to procure that the emperor might put our king in mind of her request, when otherwise he forgot it; and soon afterwards she died. 29. Proceedings against THOMAS WOLSEY, Cardinal and Archbishop of York, upon a Præmunire, and for other Offences: 20 Hen. VIII. A. D. 1529. [Lord Herb. in Kennett Comp. Hist. 123. 4 Co. Inst. 89. 1 Cobb. Parl. Hist. 490.] CARDINAL Wolsey being now divested of his late power (wherein he had the glory, in some sort, to have been superior to his king) and for the rest being left alone, and exposed not only to a general hatred, but to the private machinations of the present and future queen, became sensible of his ill estate; though yet he did not believe himself so near his overthrow, as it appeared afterwards. But what could he hope for, when such puissant enemies did procure his destruction? Therefore, though he received some advices from Rome, which might argue a care rather than a power for his conservation, yet in effect what secret intelligence soever passed betwixt the pope and him, came to the emperor first, and after to queen Catharine, who cunningly caused it to be whispered into the king's ears, by some more The Bill against the Cardinal. indirect ways, than it could possibly be imagin- | chamber adjoining, vast quantity of other ed to proceed from her. Likewise mistress plate. All which the cardinal commanded sir Anne Bolen, having learned from some of the William Gascogne (his treasurer) to deliver to king's wisest and gravest counsellors divers the king, when he was required. malversations of the cardinal, was so far from disguising them, that she even misinterpreted his better actions. Edmund Campion adds to these reasons, that sir Francis Bryan being in Rome, did by the means of a familiar of one who kept the Pope's papers, obtain a Letter of the cardinal's, which wrought his ruin, in this manner: Having first shewed her the cardinal's hand-writing, and then corrupted her, this courtezan so dexterously performed the rest, as upon pretence of visiting her servant in his study, she conveyed this letter, and away it Bryan, who failed not iminediately to send it to our king. Which relation of Campion, though I will not contradict, yet I suppose to be the more improbable, that I find by original dispatches, Bryan was come from Rome before any argument of the king's disfavour to the cardinal appeared. Howsoever, the way the king took to overthrow him was merely legal, though approaching to Summum Jus, after most mens opinion. In the carriage whereof yet that secresy was used, that the cardinal did not, or perchance out of greatness of mind, would not take notice of what was intended against him. gave In the mean while the Bill against the cardinal proceeded, the most substantial parts whereof being extracted out of the Original Record, I have thought fit to present to the reader. The ground upon which Christopher Hales, the king's Attorney, prosecuted the cardinal, was a statute of 16 Richard 2, in which is enacted, "That whereas the commons of the realm ought of right, and were wont of old time to sue in the king's court to recover their presentments to churches, prebends, and other benefices of holy church, to which they had right to present, and when judgment shall be given in the said court upon such a plea and presentment, the archbishops, bishops, and other spiritual persons, which have institutions of such benefices within their jurisdictions, be bound, and have made execution of such judgments by the king's commandments, of all the time aforesaid, without interruption, and also be bound of right to make execution of many other the king's commandments: of which right the crown of England hath been peaceSo that though the Bill or In-ably seized, as well now, as in the time of all dictment was put in (at the beginning of Mi- his progenitors. And whereas the bishop of chaelmas terin) yet did he ride that day to the Rome" (for so he is termed in the act) "had Chancery with his accustomed pomp. Of made divers processes and censures of excomwhich our king being advertised, thought fit to munication upon certain bishops in England, forbid him the place; as thinking it undecent, because they have made execution of such that a man, who was upon terms of conviction, commandments, and also because he hath orshould administer that high charge. Therefore dained and purposed to translate some prelates the dukes of Norfolk and Suffolk were sent, the of the realm, some out of the realm, and some 18th of October, to require the great seal of from one bishoprick to another within the said him. But the cardinal, instead of rendering realm, without the king's assent and knowledge, it, disputed their authority, alledging the place and without the assent of the prelates, which of lord chancellor, was by the king's letters so shall be translated; which prelates be much patents given him during life. [Qu. the vali- profitable and necessary to our lord the king, The and to all his realm; which translations if they dity of such a patent, see Co. 4. Inst.] two dukes hereupon returned to court, bring- should be suffered, the statutes of the real ing the next day the king's letters to the car- should be defeated and made void, and his said dinal, who having read them, delivered imme- liege sages of his council, without his assent, diately the great seal; in sequence thereof, and against his will, carried away and gotten out of his realm, and the substance and treasure also submitting himself to the king, who commanded him to leave York-Place, and simply of the realin shall be carried away, and so the realm destitute as well of counsel as of subto depart to Asher, a country-house near Hampton-Court, belonging to the bishop of stance, to the final destruction of the same Winchester. He charged his officers also to realm; and so the crown of England, which inventory and bring forth his goods. Where- hath been so free at all times, that it hath been upon much brave furniture made into hangings, in no earthly subjection, but immediately subbesides whole pieces of rich stuffs were set ject to God in all things touching the legality upon divers tables in his house; the variety of the same crown, and to none other, should and number whereof may be imagined, when be submitted to the pope; and the laws and (as Cavendish hath it) of fine Holland cloth statutes of the said realm, by him defeated and alone there were a thousand pieces. Besides, avoided at his will, in perpetual destruction of the sovereignty of the king our lord, his crown, the walls of his gallery on the one side, were hanged with rich suits of cloth of gold, cloth his regality, and of all his realm, &c. Thereof silver, cloth of tissue, and cloth of bodkin; fore the king, by the assent of his lords, and at on the other side was placed the most glorious the request of the commons, hath ordained and suit of copes that had been seen in England. established, that, if any purchase or pursue, or In a chamber near to the gallery was a great cause to be purchased or pursued, in the court of Rome, or elsewhere, any Translations, Procupboard of plate, of massy gold; and in a VOL. I. 2 B The Cardinal is condemned iu the Star Chamber. Not contented herewith yet, another proof of the same kind was by the king's attorney produced against the Cardinal, namely, that the master and fellows of the hospital of St. Lazarus in Burton-Lazar), he had, by the same authority, given away the parish-church of Galby in Leicestershire, and diocess of Lincoln (then vacant by the death of one Woodroff) to one John Allen, doctor of both laws, and placed him in it.-And thus fell the Cardinal, together with all his vast possessions, into the king's hands. But the king did not think it enough that he had particularly advantaged himself of the Cardinal's punishment, unless he made some use thereof to the general, so he called a Council of the nobles, to sit in the Star-Chamber, who having sufficiently condemned him, be afterwards remitted him to the Parliament, which began November 3, 1529. Wherein the cesses, and Sentences of Excommunication, | chattels forfeit, and that his person might be Bulls, Instruments, or other things whatsoever, seized on." which touch the king, against him, his crown, and regality or realm, and they which bring within the realm, or them receive, or make thereof notification, or any other execution whatsoever within the same realm or without; that they, their notaries, procurators, main-contrary to the right of the true patron (being tainers, abettors, fautors and counsellors, shall be put out of the king's protection, and their lands and tenements, goods and chattels, forfeit to the king, and that they be attached by their bodies if they may be found, and brought before the king and his council, there to answer to the cases aforesaid, or that process be made against them by a writ of Pramunire facias, in manner as it is ordained in other Statutes of Provisors, and other, which do sue in any other court, in derogation of the regality of our lord the king."Upon which statute it was alledged, "That Thomas, legatus de latere, cardinal, archbishop of York, and primate of England, being not ignorant of the premises, had obtained certain Buils from Clement 7, by which he exercised jurisdiction and authority legatine, to the de-king also did wisely, since by interesting the privation of the king's power established in his courts of justice; which said Bulls be caused to be publicly read in Westminster, (Aug. 28, 1523) assuming to himself thereupon the dignity and jurisdiction of Legatus de Latere, which he hath exercised from the said 28th of Aug to this day, to the prejudice of the right of both secular and ecclesiastical persons, and that by colour thereof, he had given away the Church of Stoke-Guildford in the county of Surrey (being of right in the donation of the prior of St. Pancrase) to one James Gorton, who also enjoyed it accordingly. All which was to the contempt of the king and his crown, and contrary to the aforesaid statutes of 16 Rd. 2. Moreover that, by colour of the said authority, he had caused the last Wills and Testaments of many (out of his diocess) to be exhibited and proved in his court, and their goods and chattels to be administered by such as he appointed. Also that, under colour of the said authority, he had made divers visitations out of his diocess, and drawn divers Pensions from Abbeys, to the contempt of the king and his laws." publick in his condemnation, he both declined ARTICLES preferred against the Cardinal in Hereupon, certain Articles against the Cardinal were preferred in parliament. The original whereof, found among our Records, I have thought fit to transcribe; and the rather for that our vulgar Chronicles misreport them. "Constrained by necessity of our fidelity and conscience, complain and shew to your royal majesty, we your graces humble, true, faithful, and obedient subjects, That the lord Cardinal of York, lately your graces chancellor, presuming to take upon him the authoThe proofs of which particulars, though evi-rity of the Popes Legat de latere, hath by dent and notorious, were not yet urged to his conviction, till, through the king's special permission (by writ of October 28.) John Scuse and Christopher Genney appeared in court as his Attorneys; where, for all other Answers, they protested in the said cardinal's name, that the said cardinal did not know the impetration of the said Bulls to have been to the contempt and prejudice of the king, or that it was against any Statute of Provisors heretofore made. As for the particulars wherewith he was charged by master Attorney, he confest them all true in the manner and form alledged and so submuted himself to the king. Whereupon the court gave Sentence, that he was out of the king's protection, and his lands, goods, and : divers and many sundry ways and fashions committed notable, high, and grievous Offences, misusing, altering, and subverting the order of your graces laws, and otherwise contrary to your high honour, prerogative, crown, estate, and dignity royal, to the inestimable damage of your graces subjects of every degree, and consequently to the great hindrance, diminution, and decay of the universal wealth of this your graces realm, as is it touched summarily and particularly in certain Articles here following; which be but a few in comparison of all his enormities, excesses, and transgressions committed against your graces laws. That is to say, 1. First, where your grace, and your noble the surety and wealth of this realm, the same lord cardinal knowing himself to have the foul and contagious disease of the great pox, broken out upon him in divers places of his body, came daily to your grace, rowning in your ear, and blowing upon your most noble grace with his perilous and infective breath, to the marvelous danger of your highness, if God of his infinite goodness had not better provided for your highness. And when he was once healed of them, he made your grace to believe that his disease was an inpostume in his head, and of none other thing.--7. Also, the said lord cardinal, by his authority legatine, hath given, by prevention, the Benefices of divers persons, as well spiritual as temporal; contrary to your crown and dignity, and your laws and estatutes therefore provided; by reason whereof he is in danger to your grace of forfeiture of lands and goods, and his body at your pleasure.-8. Also, the said lord cardinal, taking upon him otherwise than a true counsellor ought to do, hath used to have all ambassadors to come first to him alone, and so hearing their charges and intents it is to be thought he hath instructed them after his pleasure and purpose, before that they came to your presence; contrary to your high commandinent by your graces mouth to him given, and also to other persons sent to him by your grace.-9. Also, the said lord Cardinal hath practised so, that all manner of Let progenitors within this your realm of England, being kings of England, have been so free, that they have had in all the world no other sovereign, but immediate subject to Almighty God, in all things, touching the regality of your crown of England, and the same pre-eminence, prerogative, jurisdiction, lawful and peaceable possession, your grace, and your noble progenitors have had, used, and enjoyed without interruption, or business therefore, by the 1. space of 200 years and more; whereby your grace may prescribe against the Popes Holiness, that he should not, nor ought to send, or make any legat to execute any authority legatine, contrary to your graces prerogative within this your realm. Now the lord Cardinal of York being your subject, and natural liege born, hath of his high, orgullous, and insatiable mind, for his own singular advancement and profit, in derogation, and to the great imblemishment and hurt of your said royal jurisdiction, and prerogative, and the large continuance of the possession of the same, obtained authority legatine, by reason whereof he hath not only hurt your said prescription, but also by the said authority legatine hath spoiled and taken away from many houses of religion in this your realm, much substance of their goods; and also hath usurped upon all your Ordinaries within this your realm much part of their juris- | diction, in derogation of your prerogative, and to the great hurt of your said ordinaries, pre-ters sent from beyond the sea to your highness lates, and religious.-2. Also, the said lord cardinal, being your ambassador in France, made a Treaty with the French king for the Pope, your majesty not knowing any part thereof, nor named in the same; and binding the said French king to abide his order and award, if any controversy or doubt should arise upon the same betwixt the said Pope and the French king.3. Also, the said lord cardinal, being your ambassador in France, sent a Commission to sir Gregory de Casalis, under your great seal, in your graces name, to conclude a Treaty of Amity with the duke of Ferrara, without any command or warrant of your highness, nor your said highness advertised or made privy to the same.-4. Also, the said lord cardinal, of his presumptuous mind in divers and many of his Letters and Instructions sent out of this realm to outward parties, had joined himself with your grace, as in saying and writing in his said Letters and Instructions; The king and I.' And, I would ye should do thus. The king and I give unto you our hearty thanks.' Whereby it is apparent that he used himselt more like a fellow to your highness, than like a subject.-5. Also, where it hath ever been accustomed within this your realm, that when noblemen do swear their household servants, the first part of their oath hath been, That they should be true liegemen to the king and his heirs kings of England; the same lord cardinal caused his servants to be only sworn to him, as if there had been no sovereign above him.— 6. And also, whereas your grace is our sovereign lord and head, in whom standeth all have come first to his hands, contrary to your high commandment by your own mouth, and also by others sent to him by your grace; by reason whereof your highness, nor any of your council had knowledge of no matters, but such as it pleased him to shew them; whereby your highness and your council have been compelled of very force to follow his devices, which oftentimes were set forth by him under such crafty and covert means, that your highness and your council have oftentimes been abused. Insomuch, that when your council bave found, and put divers doubts and things which have afterwards ensued, he to abuse them used these words; I will lay my head that no such thing shall happen.'-10. Also, the said lord cardinal hath practised that no manner of person, having charge to make espial of things done beyond the sea, should at their return come first to your grace, nor to any other of your council, but only to himself, and in case they did the contrary, he punished them for so doing.-11. Also, the said lord cardinal hath granted License under your great seal for carrying out of grain and other victual, after the restraint hath been made thereof, for his own lucre, and singular advantage of him and his servants, for to send thither as he bare secret favour, without your graces warrant or knowledge thereof.— 12. Also, the said lord cardinal used, many years together, not only to write unto all your ambassadors resident with other princes in his own name all advertisements concerning your graces affairs, being in their charge; and in the same his Letters wrote many things of his own mind, without your graces pleasure being executors, to refuse to meddle.-18. Also, the known, concealing divers things which had been said lord cardinal constrained all ordinaries in necessary for them to know; But also caused England yearly to compound with him, or else them to write their Advertisements unto him: he will usurp half or the whole of their jurisand of the same Letters he used to conceal for diction by prevention, not for good order of the compassing of his purposes many things the diocess, but to extort treasure; for there both from all your other counsellors, and from is never a poor arch-deacon in England, but yourself also.-13. Also, where good hospitality that he paid yearly to him a portion of his hath been used to be kept in houses and places living.-19. Also, the said lord cardinal hath of Religion of this realm, and many poor people not only by his untrue suggestion to the Pope, thereby relieved, the said hospitality and relief shamefully slandered many good religious is now decayed and not used; and it is com- houses, and good virtuous men dwelling in monly reported that the occasion thereof is, them, but also suppressed by reason thereof because the said lord cardinal hath taken such above 30 houses of religion; and where, by impositions of the rulers of the said houses, as authority of his Bull, he should not suppress well for his favour in making of abbots, and any house that had more men of religion in priors, as for his visitation, by his authority number, above the number of 6 or 7, he hath legatine: and yet, nevertheless, taketh yearly suppressed divers houses that had above the of such religious houses, such yearly and con- number: and thereupon hath caused divers tinual charges, as they be not able to keep hos-offices to be found by verdict, untruly, that the pitality as they used to do; which is a great religious persons, so suppressed, had voluntacause that there be so many vagabonds, beg-rily forsaken their said houses, which was ungars and thieves.-14. Also, where the said true, and so hath caused open perjury to be lord cardinal said, before the suppression of committed, to the high displeasure of Almighty such Houses as he hath suppressed, that the God.-20. Also, the said lord cardinal bath possessions of them should be set to farm examined divers and many matters in the among your lay-subjects, after such reason- Chancery, after Judgment thereof given at the able yearly rent as they should well thereupon common law, in subversion of your laws; and live, and keep good hospitality; and now the made some persons restore again to the other demain possessions of the said houses, since party condemned, that they had in execution the suppression of them, hath been surveyed, by virtue of the Judgment in the common law, mete, and measured by the acre, and be now-21. Also, the said lord cardinal hath granted set above the value of the old rent; and also such as were farmers by covent-seal, and copy-holders be put out, and moved of their farms, or else compelled to pay new fines, contrary to all equity and conscience.-15. Also, the said lord cardinal, sitting among the lords, and other of your most honourable council, used himself that if any man would shew his mind according to his duty, contrary to the opinion of the said cardinal, he would so take him up with his accustomable words, that they were better to hold their peace than to speak, so that he would hear no man speak, but one or two great personages, so that he would have all the words himself, and consumed much time with a fair tale.-16. Also, the said lord cardinal by his ambition and pride, hath hindered and undone many of your poor subjects for want of dispatchment of matters; for he would no man should meddle but himself. Insomuch, that it hath been affirmed by many wise men, that ten of the most wise, and most expert men in England, were not sufficient in convenient time to order the matters that he would retain to himself: and many times he deferred the ending of matters, because that sutors should attend and wait upon him, whereof he had no small pleasure that his house might be replenished with sutors.-17. Also, the said lord cardmal, by his authority legatine, hath used, if any spiritual man having any riches or substance, deceased, he hath taken their goods as his own; by reason whereof their Wills be not performed: and one mean he had, to put thein in fear that were made many injunctions by writ, and the parties never called thereunto, nor bill put in against them. And, by reason thereof, divers of your subjects have been put from their lawful possession of their lands and tenements. And, by such means, he hath brought the more party of the sutors of this your realm before himself, whereby he and divers of his servants have gotten much riches, and your subjects suffered great wrongs.-22. Also, the said lord cardinal, to augment his great riches, hath caused divers pardons granted by the Pope to be suspended, which could not be revived till that the said lord cardinal were rewarded, and also have a yearly pension of the said pardon.-23. Also, the said lord cardinal, not regarding your laws nor justice, of his extort power, hath put out divers and many farmers of his lands, and also patents of the archbishoprick of York, and bishoprick of Winchester, and of the abby of St. Albans, which had good and sufficient grant thereof by your laws.-24. Also, the same lord cardinal at many times when any houses of religion have been void, he hath sent his officers thither, and with crafty persuasions bath induced them to compromit their election in him. And that, before ere he named or confirmed any of them, he and his servants received so much great goods of them, that in manner it bath been to the undoing of the house.—25. Also, by his authority legatine, the same lord cardinal bath visited the most part of the religious houses and colleges in this your realm, hath taken of them the twenty-fifth part of their livelihood, to the great extortion of your |