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1259 [1259]

K. Henry. 8. The kinges message to the French king, in defence of him selfe.

bassadour, Edward Foxe 

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Edward Foxe was created bishop of Hereford on 20 August 1536.

Doctour of Diuinitie, hys Chaplaine and counsellour, with instructions and admonitions how to frame and attemper hym selfe in those the kynges affaires. The contentes of whiche his instructions came to this effect: that the sayd Edward Foxe, first declaryng to the French kyng the most affectuous commendations made on the kynges behalfe, with declaration of the kynges most entire and hartie good will to vnderstand of his prosperitie and the good successe of his affaires, whiche his maiestie no lesse desired then his owne: and also after the kynges letters beyng deliuered to him and to other personages of his counsaile, then, after his accesse made vnto the kyng, should vtter and insinuate vnto the kyng, hys masters minde and intent in these iij. speciall pointes folowing.

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MarginaliaThree causes to be declared in the kynges defence.The first was, to declare þe iustnes of þe kings cause, concernyng the late mariage with Queene Anne, and diuorcement of the kyng, from his brothers wife.

The second, to signifie & expresse the iniuries done by the Pope, as afterward shall be declared.

The thyrd was, to wynne and allure to the kynges deuotion, the Chauncellour of Fraunce.

And as touchyng þe declaration of þe iustenes of the kyngs cause, first he takyng with hym certaine bookes printed conteinyng the  

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This refers to the treatise entitled Gravissimae atque exactissimae illustrissimarum totius Italiae et Galliae academiarum censurae, written by John Stokesley, Edward Fox and Nicholas de Burgo and published in April 1530.

determinations of Vniuersities in that behalfe, with reasons and authorities confirmyng the same, should distribute the sayd bookes to the Byshop of S. Line, and to other Byshops, to Monsieur de Langez, & other of the kynges counsaile moe, and to proue after the best fashion, to obteine their approbations of the same bookes, & with dexteritie to assaye whether hee could induce them of the Vniuersitie of Paris, and other learned men, to send forth this boke with their authorities and approbations. That done, then he beyng acquainted in all those pointes and Articles of the kyngs cause, in communication and conference (as the case required) should not only make aunswere to such thinges as should be obiected, but also furnishe and mainteine the iustenes of that opinion, with hys learnyng, in such sorte as he could best inuente and excogitate.

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MarginaliaThe Popes iniureyes done to the kyng of England.As touchyng þe second part, which conteined the iniuries done by þe Pope agaynst þe kyng, þe sayd Ambassadour in that behalfe, beyng a man no lesse acquainted, then also well beaten and ripe in the manifold misbehauiours of the Pope from þe begynnyng of the cause, should declare & expresse to the French kyng, how iniuriously the sayd pope had demeaned hym selfe toward the kynges hyghnes: MarginaliaThe Pope inconstant in hys deedes, and contrary to him selfe.first in sendyng 

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This refers to the secret decretal commission carried by Cardinal Campeggio from the pope allowing himself and Cardinal Wolsey to establish a marriage tribunal in 1529 to decide the validity of the marriage of Henry VIII and Catherine of Aragon. Campeggio destroyed the decretal (probably under papal instructions) before it could be seized and published.

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a commission decretall, and then commaundyng it to be burnt: as also in promising by schedule of his owne hand, not to call the cause out of England: and moreouer approuyng first the iustnes of the kynges cause, yet notwithstandyng afterward went from the same, and did cōtrary.

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Touchyng all whiche iniuries receaued at þe Popes hand, although the kyng had great cause iustly to complain, yet other iniuries there were beside these, wherwith the kyng most especially was moued.

MarginaliaThe Pope calleth and citeth the kyng to Rome.The one was, for callyng and cityng the kynges hyghnes to appeare at Rome.

The other was for reiecting the person of the kyngs trusty subiect and Chapleine M. Kerne his Ambassadour, from makyng such allegations, as to the kyng in that case apperteined: beside sondry other no small greues and inconueniences, which here might be shewed and alleged. MarginaliaTwo speciall iniuryes of the Pope agaynst the kyng.But in these ij. especiall iniuries the kyng thought hym selfe most chiefly touched, and aggreued. In opening and rypping vp of which iniuries, and first in the sayd iniurious callyng of the kyng to Rome, MarginaliaThe Pope violateth the Councells of Nyce, Aphricke, and Mileustane.instructions were gyuen to the sayd Ambassadour to explicate the open violation therin, of the 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.

auncient and generall Councels, the Coūcell of Nyce, the Coūcell of Aphrike, and the Councell of Mileu. In which Councels, the cōtrary was, for quyetnes of the world, prouided and ordered: Declaryng withall, how agre-able the same is to all lawes, reason, and equitie, that Princes should not bee compelled to repayre to Rome at the Popes callyng, nor be bound in a matter of such weyght and moment, to send out of their realmes and dominions, the writyngs, instrumētes, & monumentes cōteinyng the secretes of their affaires, or to make and trust a Proctor beyng in so farre distant parties, in a matter of such importance, to abyde & fulfill that which þe said Proctor should agree vnto there. The matter and case wherof dyd not so much concerne the estate of any one Prince alone, as it touched the dignitie of all other Christen kynges, so nere, þt vnles they would suffer them selues to be yoked with the Popes authoritie, it was time (in asmuch as the Pope nowe made thys enterprise on them) to ensearch & knowe the bottome & ground, both of his, & of their authoritie: and if any thing by negligence or misuse had bene lost, to recouer the same, rather then to suffre it to decay any more. As touching all which greues, hurtes, incōueniences, preiudice, and euill example which might therof ensue, the kynges hyghnes doubted not, but that hys good brother the Frenche kyng would assiste & cōcurre with his hyghnes for maintenaunce and defense of the same.

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MarginaliaThe second poynt to be declared.For declaration of the second notable grief and iniurie done by the Pope to the kynges hyghnes, thus furthermore hee was willed to insinuate to the Frenche kyng, what iniurie or rather cōtumely the kynges hyghnes receaued at the Popes hand, in not sufferyng the kyngs subiect and Ambassadour to alledge such matter in defence of his Prince, as by law, reason and equitie, was to be heard & admitted, for as much as þe sayd Ambassadour Doct. Kerne the kynges Chapleine beyng at Rome at such tyme as citations were their published agaynst the kynges hyghnes, and vnderstandyng hys grace by them to be called before one Capasuccha Deane of the 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 aūswere to the Queenes Agentes complaynt, MarginaliaThe kings Ambassadour could not be heard at Rome.and had by the aduise of other great learned men, conceaued a certeine matter cōteinyng causes reasonable and lawfull, why þe kings highnes should not be bound to appeare there, either by hym selfe, or by hys Proctor. Whiche matter also he did exhibite on the kynges behalf, as a true subiect by law of nature is boūde to mainteine & to alledge in defence of his Prince that is absent, and ought by equitie to preserue hym from condemnation. And yet this notwithstanding, the sayd Capasuccha not regardyng nor consideryng the matter alledged, demaūded whether the said Doctor had any proxie frō the kyng, or no, for such purpose, and vpon default and lacke of the sayd proxie (which was not necessary in this case) proceded in the principall cause. By reason wherof the sayd Doct. Kerne appealed to the Pope, alledgyng iniury to be done, not onely to the kynges hyghnes, but also to him selfe, for that such matter as he did alledge, was not cōsidered nor regarded, but processe made. To the whiche appellation notwithstandyng the sayd Capasuccha gaue an ambiguous & a doubtfull aūswere, whiche was, that as much as Doct. Kerne was by the law a lawfull person, so much hee would geue place & deferre appellationi: and otherwise not.

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Thus vppon declaration of thys doubtfull aunswere, passed certayne dayes, the sayd Capasuccha promising alwayes to open hys sayd aunswere and sentence more playnly, and to geue a determinate resolution. Whiche hee neuertheles did not, albeit hee was diuers tymes vrged therunto: but so passed the tyme, and sodeinlye returned to processe. Wherupon the sayd Doctour Kerne appealed eftsoones agayne, and put a supplication to the Pope for admission of the said appeale. By reason wherof the matter was reasoned in the Signature. In which Signature by no law it could be shewed why the said Doct. Kerne should not be admitted to alledge in defence of þe kyngs highnes, but onely that they there amongest them selues being the greater number, which were of the Em-

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