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1069 [1068]

K. Hen. 8. The Kinges message to the French king for his defence.

MarginaliaThe Pope inconstant in his deedes, and contrary to him selfe. not to call the cause out of Englande: and moreouer approuing first þe iustnes of the kinges cause, yet notwithstanding afterward went from the same, and dyd contrary.

Touchyng all whiche iniuries receyued at the Popes hand, although the king had great cause iustly to complaine, yet other iniuries there were beside these, wherewith the kyng most especially was moued.

MarginaliaThe Pope calleth and citeth the K. to Rome. The one was for calling and cityng the kings highnes to appeare at Rome.

The other was for reiectyng the person of the kynges trustie subiect and Chaplayne, maister Kerne his ambassadour, from making suche allegations, as to the king in that case apperteined: beside sundrye other no small greues and inconueniences, whiche here might be shewed and alleged: MarginaliaTwo speciall iniuryes of the pope against the king. But in these two especiall iniuries the kyng thought hym selfe most chiefly touched, and agreeued. In opening & ripping vp of which iniuries, and first in the said iniurious calling of the king to Rome, MarginaliaThe Pope violateth the Councells of Nice, Aphricke, and Meleustane. instructions were geuen to the said ambassadour to explicate the open violation therin, of þe most 

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This refers to the sixth canon of the council of Nicaea which affirms that matters arising in any particular province of the church should be settled within that province.

ancient and general Councels, the Councel of Nice, the Councel of Aphricke, & the Coūcel of Mileu. In which Councels, the cōtrary was, for quietnes of the world, prouided & ordered: Declaryng withal, how agreeable þe same is to al lawes, reason, & equitie, that Princes should not be cōpelled to repayre to Rome, at the Popes callyng, nor be bound in a matter of such weight & moment, to sende out of their realmes & dominions, the writings, instrumentes, & monuments conteinyng the secretes of their affayres, or to make & trust a proctor beyng in so farre distant parties, in a matter of such importance, to abide & fulfill that whiche the said Proctor should agree vnto there. The matter and case wherof dyd not so much concerne þe estate of any one prince alone, as it touched the dignitie of all other Christen kings, so neare, that vnles they would suffe muche as the Pope nowe made this enterprise on thē) to ensearch and know the bottome & grounde both of his & of their authoritie: & if any thing by negligence or misuse had ben lost, to recouer the same, rather then to suffer it to decaye any more. As touchyng al which greeues, hurts, inconueniences, preiudice, & euyl example which might therof ensue, the kyngs highnes doubted not, but that his good brother the French kyng would assist and concurre with his highnes for maintenance and defence of the same.

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MarginaliaThe second poynt to be declared. For declaration of the second notable griefe and iniurie done by the Pope to the kyngs highnes, thus furthermore he was wylled to insinuate to the Frenche kyng, what iniurie or rather contumelie the kynges highnes receyued at the Popes hand, in not sufferyng the kynges subiect & ambassadour to allege such matter in defence of his Prince, as by law, reason, and equitie was to be hearde & admitted, for as much as the sayd ambassadour doctor Kerne the kinges Chaplain beyng at Rome, at such tyme as citations were there published against þe kyngs highnes, & vnderstanding his grace by thē to be called before one Capasuccha Deane of þe Rote 

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Paolo de Capisucci (or Capisuchis), formerly chaplain to Clement VII and canon of the basilica of St Peter.

, was there ready to make answere to the quenes Agents cōplaynt, MarginaliaThe kinges Ambassadour could not be heard at Rome. & had by the aduice of other great learned men, conceyued a certayne matter cōteynyng causes reasonable & lawful, why the kyngs highnes should not be boūd to appeare there, eyther by him self, or by his proctor. Which matter also he dyd exhibite on the kynges behalfe, as a true subiect by lawe of nature is boun to mainteyne & to allege in defence of his prince that is absent, & ought by equitie to preserue hym frō condemnation. And yet this notwithstādyng the sayde Capasuccha not regardyng nor consideryng the matter alleged, demaunded whether the sayde Doctor had any proxie from the kyng or no, for suche purpose, and vpon default and lacke of the sayd Proxie (whiche was not necessary in this case) Proceeded in the principal cause. By reason wherof the sayd doctor Kerne appealed to the pope, allegyng iniurie to be done, not onely to the kyngs highnes, but also to hym selfe, for that suche matter as he dyd allege, was not considered nor regarded, but proces made. To the whiche appellation, notwithstandyng the sayd Capasuccha gaue an ambiguous and a doubtful answeare, which was, that as muche as Doctor Kerne was by the lawe a lawfull person, so much he would geue place & deferre appellationi, and otherwise not.

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Thus vppon declaration of this doubtful answeare, passed certayne dayes, the said Capasuccha promising alwaies to open his sayd answeare and sentence more playnely, and to geue a determinate rtsolution. Whiche he neuerthelesse dyd not, albeit he was diuers tymes vrged thereunto: but so passed the tyme, and sodenly returned to processe. Wherupon the sayde Doctor Kerne appealed eftsoones agayne, and put a supplication to the Pope, for admission of the sayde appeale. By reason whereof the matter was reasoned in the signature. In which signature by no lawe it coulde be shewed why the sayd doctor Kerne shoulde not be admitted to allege in defence of the kinges highnes but onely that they there amongest them selues being the greater nūber which were of the Emperours dominions, and feede of him (amōg which was also the said Capasuccha) gaue their voyces as the Pope sayde, that Doctour Kerne shoulde not be hearde, sine mandato regiæ maiestatis. Whereunto when Doctor Kerne replyed, saying: what soeuer they decreed or said, there was no lawe to mainteine and beare it: it was sayd againe by Cardinal Anconytate 

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This may refer to Pietro Accolti, Cardinal of Ancona, who had been very much involved in the dispute (as a Catherine partisan) prior to his death in 1532.

, that the Pope might iudge after his conscience. MarginaliaThe Pope would haue the kyng to appeare by [illegible text] at Rome. And vpon this resolution, they determined there to proceede in the principall cause, vnlesse the kyng woulde sende a Proxie, intendyng by this iniurie & wrong, to enforce his highnes to þe exhibitiō of a Proxie there, to his highnes highe preiudice, to the pernitious example of the like to be done to other Princes, and also to the derogation of the liberties and prerogatiues of his gracious Realme. Vnto the obseruation wherof his highnes is bounde by his othe, and also by the same othe bounde to recouer and restore suche liberties and priuileges, as by any of his predecessours hath bene lost, diminished, or decayed in tyme past.

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These with other like iniuries and wronges of the pope done to the kyng, the foresayde ambassadour M. Foxe, accordyng as he had in charge and commission, dyd declare, open, and shewe vnto the Frenche kyng, to the intent to solicite the sayd kyng, to doo by his mediation, for the remedying and redressing of those foresayd iniuries and wrongfull dealynges of the Pope in this behalfe.

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MarginaliaThe third parte or purpose of this message. Furthermore, for the thyrde purpose touchyng the Chauncelour of Fraunce, for as muche as he was one of the chiefe personages whom the Frenche kyng moste trusted in his great affayres (by whose aduice all matters of learning were then conduced and trayned) the king thought it not vnprofitable, by al wayes and meanes to wynne and allure his frendship and amitie also, vnto his deuotion, eyther that by his meanes and dexteritie the kynges purposes might be aduaunced the better: or at least for a Ne noceat: þt is to mitigate & diminish such fauour as he by þe admirall 

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Gaspard I de Coligny.

or otherwise, was moued to shewe to the Imperialles. For the which cause the king committyng in charge to his ambassadour aforesayde, wylled and instructed hym howe and what to doo, and after what maner to attemperate hym self to all occasions and tymes of oportunitie: as first to deliuer to hym frō the kyng, his letters of credence, and withal to declare and extend the kyngs most affectuous commendations, with the hartie good wyl, and sincere affection which his highnes bare to the sayd Cardinal chancelour of Fraunce, with no lesse desire also moste gladly to do that thyng which might be to his commoditie and benefite, accordyng as the manyfolde pleasures, gratuities, and kyndnes done on his part for the kynges hyghnes, did worthyly deserue. Then after suche wordes of mollification, to enter into further communciation with hym, in such sort as myght best serue his honour.

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MarginaliaThe vayne glory and auarice of the Cardinall. And for as much as the Cardinal was then noted much to be moued with the affections of vayne glory, & couetous, therfore amōgst other cōmunication, it was diuised to inferre mention of the Papalitie, notyng what wayes and meanes might be vsed to attaine vnto that dignitie. MarginaliaThe fashion of princes courtes to be noted. Wherin if the kynges highnes could stand hym to any steed, as he thought the person of the sayd Chauncelour most meeet for the same: so he would not fayle to moue and to procure it to the best furtheraunce of his aduancement, And finally to declare howe desirous the kynges highnes was to retayne and make sure vnto hym, the amitie and frendshyp of the sayd Chauncelour, and that his highnes deuising by what meanes and wayes he myght do the same (albeit his grace knewe wel, that the fayth and sinceritie of the sayd Chauncelour towardes his maister was such, as no gyft, pension, or other offer coulde aduaunce or encrease that good wyll whiche for his maysters sake, he would employe in the kinges hyghnes affayres) thought that for declaration of his hartye good wyll towardes the sayde Chauncellour, it were conuenient to offer vnto hym some yearely remembraunce. &c.

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This was the summe and effecte of the message of the kyng sent vnto the Frenche kyng, and to other of his counsayle, by his ambassadour maister Edwarde Foxe, whiche was especially to signifie and make manifest vnto the sayde Frenche kyng the vniust dealynges and preiudicial proceedynges of the Pope, in callyng vp the kyng of England to appeare at Rome, by Proxie, which was derogatory to the kynges dignitie and crowne, and also preiudicall both to general Councelles of the primitiue tyme, and to the auncient lawes and statutes of this Realme (as is afore declared) and no lesse hurtfull for example to all other princes and kynges likewise. &c.

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