July 1531, 1-25


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'Spain: July 1531, 1-25', Calendar of State Papers, Spain, Volume 4 Part 2: 1531-1533 (1882), pp. 203-217. URL: Date accessed: 20 April 2014. Add to my bookshelf


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July 1531, 1-25

—July.756. The Answer to the Papal Legate respecting the cause of England.
S. E. L. 854,
f. 163.
B. M. Add. 28,583,
f. 328.
To the proposals made by the Most Reverend Legate to His Imperial Majesty concerning the English divorce the following answer is made:
In the first place His Imperial Majesty, as much in his own name, as in that of Her Most Serene Highness, the queen of England, his aunt, thanks His Holiness for having, as the common Father and true shepherd of the Christian flock, taken up this business of the attempted divorce in such a manner that a good issue may be confidently expected therefrom. And whereas His Imperial Majesty's principal object in inducing His Holiness to protect the Queen's marriage, was that Papal authority, power, and dignity, as well as the immunities of the Sacred Apostolic See should be preserved from the attacks of those persons who spread slanderous reports concerning His Imperial Majesty, the patron, and defender of the said Apostolic See; also to remove any dissensions, small offences (offendicula), and disputes that might spring up from the dissolution of the said marriage; and lastly that the queen of England herself, connected as she is with the Emperor by so close a bond of consanguinity, should suffer no injury—the affair being of such a nature that no other means can be devised or thought of except the solemn declaration that a marriage like this contracted under the authority and with the sanction of the Holy Apostolic See, cannot be dissolved—His Imperial Majesty cannot understand what reason or expediency there may be for having the case tried at Cambray or elsewhere than in Rome, before the Holy Apostolic See, whose decretals and supreme authority are universally respected and obeyed.
His Imperial Majesty humbly requests His Holiness not to allow a case of such importance to be tried elsewhere than at Rome, and in his own presence, or otherwise the Queen, who at the present moment is almost separated from the King, her husband, might sustain great injury thereby; the sentence cannot be longer delayed, His Imperial Majesty, therefore, earnestly prays His Holiness in his equity and justice to have the cause tried and determined without delay, and sentence given as right and justice demand, which sentence, whatever it may be, His Imperial Majesty out of filial affection towards the Apostolic See will obediently respect, under protest that no other resolution can possibly be accepted.
Latin. Original draft.
2 July.757. The Signory of Florence to the Emperor.
S. Pat. Re. Div. d.
It. L. 593, f. 26.
B. M. Add. 28,583,
f. 312.
Report on the reception made to the duke Alessandro de Medici, and promise obedience to the Emperor's orders (provisiones). Ex Palatio nostro die ii. Julii 1531. Sign Obsequentissimi fìlii Priores libertatis, et Vexillifer Justitiæ Populi Florentini. Franciscus Campanus.
Latin. Original. p. 1.
3 July.758. Miçer Mai to the High Commander.
S. E. L. 853, f. 68.
B. M. Add. 28,583,
f. 303.
Wrote last by Peñalosa reporting events up to that date. Held a conversation with His Holiness respecting Gritti's arrest. Told him that all Italy, and even Venice, would be glad to hear what had happened, and as to France no indications had been given yet of their considering it an insult. To this the Pope replied that the French had no doubt resented the outrage, but would dissemble for a time. Then he added: "After all, if the Emperor has ordered Gritti's arrest, it must be owned that he has played, as we say here in Italy, according to the laws of the game; it is one of those coups of which the Catholic king [Ferdinand] used to be so fond." Writes these details because the Pope on his first hearing of Gritti's arrest exclaimed "Or ben, arme, arme!" He must have considerably changed his mind since.
The report here is that Giorgio Gritti says tnat if he is conducted to the Imperial presence he will reveal secrets of the utmost importance.
Spoke to the Pope about the Emperor's determination to hold a new diet, at which he seemed pleased. Was asked whether it was His Majesty's intention to return to Spain by way of Italy. Could not give a positive answer, but said that to judge from the last letters such was his purpose for the present. The Pope then added: "If the Emperor come to Genoa or to Bologna, I will go thither and meet him. I will also try to persuade king Francis to come to Nice; at the same time some good arrangement might be made for an interview. If the Emperor prefers the way of Rome and Naples, let him do his pleasure in that respect; in the meanwhile an answer from Tarbes will arrive, and we shall see what all this negotiating will come to."
The French publicly state that they are aiming at a reform of the articles of the peace of Cambray, at least so Tarbes said before he left Rome. Interrogated as to what the King, his master, was driving at, the ambassador replied that he did not know exactly, but would write from France. This is the answer for which the Pope is waiting.
Antonio Doria has not yet taken service owing to Andrea and Figueroa having both written to him not to do so until His Majesty's pleasure be known.
News from Clisa, &c. The castellan of Mus.
The French and the duke of Savoy not on good terms just now owing to the latter having taken possession of Asti, and wishing besides to get Nice by paying the mortgage upon it.
Wants to know whether the cardinals' hats are to be sent to Spain. That for the bishop of Burgos left four days ago. Cardinal Matera (fn. 1) wishes to resign his archbishopric of Matera with the faculty of returning to it pension y regreso.
Has spoken with the auditors Capisucci and Simoneta, the former of whom said that if the Emperor was desirous of rewarding his services he might do so by conferring some favour upon cardinal Cesarini, his cousin. Simoneta asked that the reward, if any, should come direct to him, for he says he shall always be proud to be considered an Imperialist.
The English have taken away from cardinal Campeggio the protectorate of England which he had, and have not yet appointed a successor to him in that office.
The papers and documents for the English cause have arrived, and are already in the hands of the reporter (relator); but it will be impossible for him to finish his report before the vacation, unless he obtains a commission to proceed with it during that period.
The chapter of Cordova and the marchioness of Tarifa.—The order of Montesa against Don Juan de Lanuça.
Brief sent to the viceroy of Catalonia [D. Fadrique de Portugal], allowing him to proceed against ecclesiastics guilty of great crimes (en casos enormes).
Notwithstanding all his efforts in favour of D. Juan de Borja (fn. 2) and the evident justice of his case, sentence is likely to be pronounced against him and in favour of his opponent in the suit, no less a person than the Pope's niece.
3 July.759. Cardinal d'Osma to the Emperor.
S.E. L. 853, f. 31.
B. M. Add 28,583,
ff. 310–6.
The Pope and cardinals approve greatly of his (the Emperor's) determination to return to Germany. The former wishes to know whether the return will be this way or through Flanders.
Miçer Mai ought to bo written to on the subject of the Pope's contribution, for since Muxetula's departure for Florence nothing has been done in that particular.
On the eve of St. Peter's Day the agents from Ferrara again presented a petition to His Holiness together with a copy of the Imperial sentence, which they said they were prepared to fulfil in all its parts; it is added that 50,000 ducats were secretly offered in case of its being accepted. The Pope, however, has asked for time to deliberate, and seems disinclined to grant a new investiture.—Rome, 3rd July 1531.
Spanish Original. pp. 2
3 July.760. Miçer Mai to the High Commander.
S. E. L. 853, f. 31.
B. M. Add. 28,583,
f. 308.
Talking to the Pope the other day about the Gritti affair, and telling him that all Italy had approved of his arrest, and that in France people did not seem to mind it much, the Pope said to me that he did not think the French would make much noise about it, but would dissemble for a time. "If the Emperor has really ordered Gritti's arrest (said the Pope) there there must be ample cause for it." I mention this to Your Lordship because when the news came at first the Pope told us that the arrest of George Gritti, being an ambassador from France, was a "casus belli," by which all the World would be disturbed.
His Holiness was glad of the Emperor's determination to return to Germany. He asked me "where will the Emperor go afterwards? will he come to Italy? My Nuncio at the Imperial Court assures me that such is the Emperor's intention. Should His Majesty come to Bologna or Genoa I will most certainly visit him, and endeavour to make the Most Christian King come to Nice, where I have no doubt a conference might be arranged. If the Emperor then chooses to come to Rome and Naples so much the better."
The French say openly that they want an amendment or reform of the treaty of Cambray. I have tried to persuade the Pope that what king Francis wishes is only an excuse to get the duchy of Milan after the death of the present duke.
Antonio Doria has not yet taken any engagement with His Holiness. I have not mixed myself up with that affair owing to Figueroa having written that Miçer Andrea, does not wish his nephew to take service until Your Majesty's pleasure be known.
Speaking the other day with auditors Capisucci and Simoneta, the former said that if the Emperor wished to reward his good services he might bestow his favours on cardinal Cesarini, his cousin. Simoneta, on the contrary, wishes the Emperor's favours directly on himself, for he says he will always be proud to be called the Emperor's servant.
The English have taken away from cardinal Campeggio the protectorate of their country, and given it to another.
The process of the English matrimonial cause is in the hands of the reporter (relator). It will be impossible to get through it before the holidays unless a commission is obtained to go on with it during them.
With regard to Clisa there is no particular news. The Venetian ambassador tells me that in reality those lands on the frontiers of the Turk are now about to be delimited (amojonadas), but he owns that it might be also that they tried to take Clissa, or erect another fortress close to it.
The Imperial ambassador at Genoa (Suarez de Figueroa) writes to say that the suspicions raised about Fragoso had vanished. Everything was quiet in that city. Similar assurances come from Marcilla at Lucca. There only remained the petty warfare of the marquis of Mus, which is carried on with so little vigour that it makes one laugh, because not only do the Duke's men press on the Marquis' retainers, but at times allow him to have the best of them, and I hear from a very good source that the Venetians are not at all sorry, for they do not like their neighbours to be too strong. Besides there are letters from France in which it is said that the King had undeceived the Marquis about the exchange he demanded of his own estate with another one in France.
Letters from that country of the 19th June state that the Most Christian King was amusing himself with hunting; he was very much offended at the news that Asti was to be given over to the duke of Savoy (Carlo), and that in consequence of this offence he was about to claim or take away from him the town of Nice.
What am I to do with the deputies who are to take the cardinals' hats to Spain? They are in despair, and call every day upon me to ask whether there are any letters or orders for them. However, that of Mendoça, the bishop of Burgos, went three or four days ago. I cannot say whether the latter will come to Rome soon or not, for a servant of cardinal Colonna told me this very morning that his master had offered the Cardinal apartments in this palace of the Imperial embassy, though he could not say which day of next week Monsignor of Burgos would arrive at Rome. He may well lodge at the Palace, for I myself to avoid crossing the bridge so many times a day when I have to transact business, have decided to go and live in it during these summer and autumn months. (fn. 3) —Rome, 3rd July 1531.
Indorsed: "Summary of letters from Miçer Mai and cardinal d'Osma to the High Commander, Covos. Answered at Brussels on the 16th of August 1531."
Spanish. Contemporary abstract. pp. 7.
6 July.761. Muxetula to the Emperor.
S. E. L. 1,438,
ff. 67–8.
B. M. Add. 28,583,
f. 313.
Wrote last on the 24th ulto. Since then the duke Alessandro [de' Medici] having arrived in Italy, and gone to Prato, close to Fiorenze, he (Muscetula) after taking leave of His Holiness prepared according to the Emperor's express orders, and the Duke's desire, to witness his public entrance into that city. Accordingly he left Rome, met at Prato the Duke, who was there waiting for him, and after holding a conference with the gonfaloniere and others of the city, both made their entrance yesterday. To-day in his very presence and that of the officials assembled for the purpose the privilege was read when in a short and adequate speech he represented to the citizens how grateful they ought to be for Your Majesty's generous pardon, &c. Has had an act drawn of the whole transaction, attested by a public notary, which he purposes to forward as soon as there is an opportunity.
Will remain at Florence one fortnight more to settle certain matters, and after that will start for the Imperial Court wherever it may be, hoping to communicate verbally certain messages of the Pope respecting the public and private affairs of Your Majesty.
The Pope is delighted at the idea of the Emperor going to Germany. That journey, he says, may be the cause of much good as far as the Turk and the Lutherans are concerned, and besides there is a chance of His Imperial Majesty coming over to Italy. "Should the Emperor come to Naples he can hardly fail to come to Rome and spend a few days with me, when much good may be done to the whole of Christendom."
The Imperial army is quartered according to orders in the estates of the "feudatarios." The marquis del Vasto wishes to know whether he can send part of them to the Astesano. (fn. 4)
Scalenga (De Scalengues) must be made to disgorge the 5,000 ducats he took from the Pope.—Florence, 6th July 1531.
Signed: "Jo. Ant. Muscetula."
Addressed: "Sacre Ces. et Cath. Mti."
Spanish. Original. pp. 4.
6 July.762. Proclamation at Florence.
S. P. R. Cap. c.
Pont, y Pot. d.
It. 593, f. 15.
B. M. Add. 28,583,
f. 312.
In the great tower hall of the Palace of Florence the "Priores Libertatis and Vexillifer Justitiæ Populi Florentini," the colleges and other magistrates of the city being assembled, viz.:
Pro Qrio (fn. 5) Sti Spiritus.
D. Alexander Grandonati de Barbadoris.
D. Philippus Benedicti Tanays (?) de Nerlis.
Pro Qrio S Crucis.
Pro Qrio S Mariæ Novellæ.
Pro [quarterio] Sti Johannis.
Mcus [Magnificus] D[ominus] Benedictus, Domini Philippi de Buondelinontibus Vex[illif]er Justitiæ Populi Florentini.
XVI gonfalonierii Societatum Populi.
XII Novi Viri.
Paulus Johannes de Machiavellis.
Capitanei Inclytæ Partis.
Octo viri Tractici (?) R. P. Florentinæ.
Octo Baliæ.
Officiates Montis.
Conservatores Legum.
Massacii (?) Cameræ.
Sex Consiliarii.
Officiates Fortificationum.
Octavianus Laurentius de Medicis.
Lupus (fn. 6) Bartholomeis de Tavaglia.
Prinzivallus D. Aloysii de Stufa.
Alexander Gherardi de Corsinis.
Homines Nove Balie, 78.
Besides these there was immense conflux of people.
Johannes Antonius Muscettola, from Naples, ambassador of His Imperial Majesty, then addressed in Italian those present, and said how they (the Florentines) had rebelled both against the Emperor and against His Holiness, in consequence of which the former had been obliged to employ force against them.
Reinstates the family of Medici, and especially the duke Alessandro to all his titles, dignities, and so forth in Florence.
The Duke is to be "Primus Caput et Prepositus in regimine dictæ civitatis, et in quolibet officio et magistratu, &c."
The privileges of the city confirmed. Muscettola orders the Imperial decree, dated Augsburg 28th Octobris 1530, to be read.
The Priores, Vexillifer, &c. confer together.
The Vexillifer Buondelmontibus answers, promising always to observe the Imperial decree. Johannes de Camonibus doing the same in the name of the 16 "gonfalonieri" and of the rest.—Florence, 6th July 1531.
Latin. Original on vellum.
8 July.763. De Scalengues to the Emperor.
S. E. Milan,
L. 1,174.
B. M. Add. 28,583,
f. 316.
After the arrest of Giorgio Gritti, whereof he informed His Imperial Majesty, he received a letter of the 24th June from Brussels, ordering him to set the said Giorgio at liberty, and restore to him his property and papers. The Emperor's orders have been fulfilled. Last evening Giorgio was allowed to prosecute his journey, very much satisfied and content at the treatment he has received, for not only has all his property been restored to him, but he has neither lost one hair of his head, nor disbursed a single "quatrino" for his personal expenses.
Giorgio goes now to Venice, and will shortly proceed to Constantinople. He is a very acute and prudent man, well suited for the important negotiations he is said to have in hand.—Turin, 8th July 1531.
Signed: "De Scalengues."
Addressed: "Sacræ Cesaræ et Catholicæ Maiestati."
8 July.764. De Scalengues to the High Commander.
S. E. L. 1,174,
f. 146.
B. M. Add. 28,583,
f. 318.
Has informed him in another despatch of Giorgio Gritti's capture and arrest. Has since received the Imperial letter ordering him to set the prisoner at liberty. Has done so, and he has continued his journey, much satisfied at the treatment he (Gritti) has received, and not having lost one single hair of his head. Thinks he (De Scalengues) deserves credit and favour for the capture of such a person.
Gritti, however, is a very able man. Had the Emperor ordered him (De Scalengues) to screw out some of his secrets, much could have been learnt from him. As that, however, was not done, Gritti only said at his departure that he was going to Constantinople by way of Venice for the purpose of opening certain negotiations, which, he said, would within a very short time either entirely unite Christendom, or utterly ruin it. He thanked much the Emperor for having him set at liberty so soon. Had a ransom been demanded it would not have been difficult for Gritti to pay 100,000 crs., for he frequently offered that sum and more to him (De Scalengues) and to his servants if he would let him escape. Is no longer in a position to offer advice, but had he not been afraid of incurring the displeasure of the Emperor and of the king of the Romans, he might have screwed out of Gritti whatever secrets he had.
Has not, according to the Emperor's commands, made restitution of the 5,000 crs. which he took from the Florentines, not from the Pope. Does not mean to disobey the Emperor, but considers that this money has been fairly won by him, and is exclusively his own. The Pope and the Florentines may, if they choose, go to law about it.
Begs that neither the Pope nor anyone else be allowed to molest him about these well earned monies "scuti ben guadagnati." Even if he wished to render the Emperor a service, and restore the money, he could no longer do it, for he has spent it all.—Turin, 8th July 1531.
Signed: "De Scalengues."
Italian. Original. pp. l½.
17 July.765. Eustace Chapuys to the Emperor.
K. u. K. Haus-
Wien. Rep. P. Fasc.,
c. 227, No. 28.
The Queen wishing to assemble all her councillors and communicate to them the articles (articulos) that came lately from Rome, kept the said articles by her until yesterday, when she was convinced that there was no possibility of her Council meeting to deliberate thereupon. She has, therefore, sent me the said documents, on the close inspection of which I find that there is an omission of some importance, namely, an inference (deduction) without which it will be impossible for us to establish a sufficiently conclusive proof; for since it is necessary to prove that the Queen was not carnally known by prince Arthur, which is a negative and rather confused sort of proof—especially when no restriction of time or place is marked in the articles—it stands to reason that owing to the dispositions of civil law, and considering also that the presumptions are against the Queen, it will be very difficult, if not altogether impossible, to prove the assertion "pour avoer la Royne dormy plusieurs nuytz avec le dit prince, et davantage quilz ont fayt içy tegmoignier sur la ventance (sic) que le dit prince avoyt plusieurs foys faytte davoer use avec elle en vray et vigoureux mary." Owing to which reason, even in case of the articles brought forward by the Queen's lawyers being satisfactorily proved in the form and manner in which they now stand, (fn. 7) no complete proof can in my opinion be obtained; nor is there any other way of getting to it except by the Queen herself taking a most solemn oath to that effect, which oath, however, will not be admitted or received in a court of law as long as the above-named proofs and presumptions exist against her. To save which difficulty, and also to render the Queen's oath acceptable in all its parts, it would be necessary to shew and prove expressly and distinctly that the Queen is so virtuous, devout, and holy, so truthful, and God-fearing that for naught in this World would she tell an untruth, but would prefer to die a thousand deaths rather than perjure herself to the detriment of a third party, or live in the unlawful state which such a case would entail. Which assertion of the Queen's love of truth and fear of God once proved, as can very easily be done, all the above-mentioned rules and presumptions of Law would fall to the ground. I have written on the subject to Messire May (sic), and should the Queen's councillors, who understand things of this sort much better than I can, deem it advisable, the Imperial ambassadors ought to be written to to this effect. We arc continually engaged here in looking out for witnesses able to give evidence on the case, and have already met with two who speak much to the point. The Nuncio has already examined them in virtue of a private mandate from His Holiness. Their declaration will be forwarded by him to Rome, together with that of the other two examined some time ago.
The Queen, thinking that the suit would be over before the meeting of Parliament, has lived for some months in comparative hope and quietness of mind. Now she is very much distressed, and in great tribulation at seeing that His Holiness takes no interest whatever in the case, but on the contrary seems purposely intent upon delaying the determination of the affair so that a way to new obstacles may he opened, and the King have time and opportunity to arrest the sentence. The King himself, the Lady and her adherents, now speak out with much greater assurance than before, and say that whatever happens, sooner or later they will have the cognizance and decision of this cause revoked from Rome and brought to England, having, as they say, in their favour the conclusion of the university of Orleans to the effect that the Pope has not the right or the power of subrogating or usurping the cognizance of this affair. This intelligence, as it would appear, was communicated to the King by Dr. Sampson, and I fear that Dr. Foxe, now in France, will solicit the Paris doctors to sign the same conclusion. I have written to Your Majesty's ambassador in France to be on his guard, for it is now more necessary than ever that both he and Messire Mai and the rest of the Imperial ambassadors should take their measures to defeat the intrigues of the English, more necessary even than at the time when the principal article was discussed; for should the King really obtain a conclusion from three or four more universities, shaped in the same terms as that of Orleans, the Queen's cause must he considered as half lost, since after such a declaration no prelate in Christendom will dare refuse to proceed with the case at the King's bidding, and according to his wishes. The Lady, on the other hand, declares that her marriage to the King will take place in three or four months at the latest; little by little she is already providing for her royal estate, and has during the last few days appointed an almoner, besides several other officers about her person. She always accompanies the King at his hunting parties, without any female attendants of her own, whilst the Queen herself who used formerly to follow him on such expeditions has been ordered to remain at Vinsor (Windsor); (fn. 8) which circumstance, as may be imagined, is exceedingly aggravating to the Queen, not only on account of the King's studied separation, but because she fancies that his object in taking the Lady with him to such hunting parties is that he may accustom the lords and governors of the counties and districts he traverses on such occasions to see her with him, and that he may the" better win them over to his party when Parliament meets again.
Yesterday the King sent a courier to Rome with despatches, which must be of some importance and a very perplexing character, for they have detained the man more than 10 days (intending to dispatch him from hour to hour) and during this time the Privy Council has frequently met to deliberate. I thought I could learn from Jehan Jocquin what the contents of the said despatches are; but he could not or would not tell me anything about it, maintaining that however amiable and polite towards him these people seem at times, they do not communicate with him except on matters with which he has to be acquainted for their immediate advantage. This Jocquin told me in conversation the other day, adding that after all, even if these people were to reveal their secrets to him, they would remain English, and he French. (fn. 9)
I may be mistaken, but I cannot help thinking that the said Jocquin at times shews very little affection for these people. For some days past he has evidently courted my acquaintance more than ever, and whenever there has been talk of going to the Privy Council to treat about the foreign merchants, he has invariably proposed that we should go in the same barge, having frequently suggested to me that the greatest annoyance these Englishmen can receive is to see us thus privately and amiably conversing together. Jocquin's suggestion is plausible enough, and therefore I am determined to cultivate his acquaintance as much as I can, without however revealing any secret to him or saying anything of which he may make his profit with these people. In this manner he has told me that the King has often spoken to him about this intended General Council and how much he himself wished to be present provided the place of meeting were a fit and convenient (propice) one, adding that without the personal attendance of the prince there might arise out of the said Council much confusion, and that he (the King) fancied that his (Jockin's) master was of the same opinion. Your Majesty, however, will easily understand that these sentiments of the King are only the repetition of a lesson got up between them (ce sont lessons recordees entre eux).
It seems to me that the duke of Norfolk is somewhat hurt at seeing no signs of his former pension being renewed and paid (confirmer ne payer sa pension), and therefore finds the proposals of France much better, this being no doubt the reason why he is just now so prodigal of his caresses to Jehan Jocquin, whom he has this very week presented with three horses and three stags (cerfs). The said Duke has begged me write to Your Majesty about the people of Grave .... who (he says) want to usurp certain lands [of his property] within the limits of their territory. I promised to do so, but said that since they did not shew me any circumstantial report of the affair they had better address their ambassador at the Imperial Court about it, as I could do no more than just mention it in my dispatch.
The young marquis [of Dorset] has been forbidden to appear at Court for some time to come, having been charged with recruiting men in Cornwall and the adjacent counties. The Queen fancies that this has been designed by the Lady, owing to the said Marquis being a good servant of hers. She has also on that very account, and because she wants to revenge herself on the duke of Suffolk, for having once brought a charge against her honour, accused, him of criminal intercourse with his own daughter. (fn. 10) No one knows yet what will come out of all this.
I humbly beg Your Majesty on your passage through Flanders to order that all letters and despatches be forwarded to me as before and mine quickly answered; likewise to tell me whether I am to address the present Governess of the Low Countries (fn. 11) as I formerly did the late Margaret of Austria, that her Council may be daily informed of general occurrences in this country, as well of any new measures in the Queen's case.
The bearer (fn. 12) of this despatch has charge of representing to Your Imperial Majesty my personal wants, and asking for some vacant benefice that I may pay my debts, &c.—London, 17th July [1531].
Signed: "Eustace Chapuys.'
Indorsed: "From the ambassador in London, by hand of his secretary, Montoya, the 17th July; received the 19th."
French. Holograph. pp. 4.
19 July.766. Dr. Ortiz to the Emperor.
S. E. L. 854,
f. 121.
B. M. Add. 28,583,
f. 320.
Wrote on the 3rd July advising that the Pope had given him to read the book written in favour of the king of England, that he (Ortiz) might report on it, and state at the same time how he proposed answering and refuting the author's arguments. Has read the book attentively, and already informed the learned bishop Roffensis (Fisher) of its contents, and stated his own opinion about the principal matter. The author begins by transcribing the determinations or conclusions subscribed to by the university of Orleans, and the Faculties of Canon Law and Theology of Paris, besides those of the universities Andegaviensis (Angers) and Pictaviensis (Poitiers), those of Bononia (Bologna), Pavia, and Toulouse, all which opinions and conclusions are entirely worthless, as they have no foundation in reason whatever, and have evidently been got up in great haste, without proper knowledgeof the cause itself, by means of bribery and corruption, in complete opposition to the integrity which ought to rule in affairs of this kind, in the deliberation of matters concerning faith and in the scrutiny of votes. It is well known that in some of those universities there were only two or three doctors to vote, and that wherever these were numerous, as in Paris, the most learned and moral of them voted in favour of the Queen, as they could not well be corrupted by bribery and threats as the others.
Is very much surprised to find that the author of the book often quotes doctors and canonists whose words are in manifest opposition to his own arguments, as will be shewn further on, words and passages which he willingly misinterprets to serve his own purpose, whilst on the other hand he does not mention those who have written against his false and erroneous doctrines. Yet it was natural that as the Doctor had quoted the former he should also have adduced the arguments of the latter to refute them, if he could. This would have been the right way of going to work, instead of ignoring such writers, and only quoting those who, as before stated, he thinks are in his favour, whereas it can be proved that he has completely misunderstood them. This, however, the author, whoever he may be, has no doubt done intentionally, perceiving that the arguments of his adversaries were quite unanswerable, and of a nature to enlighten people respecting the disputed question. He has evidently avoided entering into the subject and declaring his knowledge of it, but has preferred to try and persuade his readers, and gain them over to his opinion under cover of the many rhetorical flowers which he freely spreads over his volume, to the great detriment of people's consciences and the no less scandal of the Christian Church. Would to God that instead of writing this book the author or authors of it had come to Rome to dispute with him, he would then have made them perceive the errors in which they stand, errors brought on by the Enemy of Mankind, and which God has permitted to subsist the better to try of what spirit they are made. (fn. 13)
A letter from England received some time ago by this ambassador (Miçer Mai) has brought us the answer which the Queen made to those who went to speak to her by order of the King. Nothing could be more appropriate, and many thanks should be given to God for having thus inspired her with such wisdom and prudence. Indeed it appears by every one of her answers as if the Holy Ghost, whose cause this is, had put words into the Queen's mouth, as it did to Ste Catherine to confound the doctors (letrados) who came to dispute with her. His Holiness has been much pleased to see the letter, and all those to whom it has been read agree that it ought to be printed and published for the glory of God and the better illustration of the justice of the Queen's cause, as well as of the grandeur and ability with which she has been providentially gifted in all this affair.
During these present holidays the proceedings are of course suspended, but they will be resumed with greater rigour than ever, &c.
Must now refer to his own personal affairs, which are in sad confusion, owing to some people in Spain obstinately refusing to obey the commands of His Holiness. The case is this: during the time that he (Ortiz) was a student in Paris pope Adrian, at the request of the archbishop of Bari and patriach of the Indies (Fr. Estevan Gabriel Merino), at that time Papal Legate in France, (fn. 14) gave him a curacy and vacant benefice at Galapagar, (fn. 15) and a brief to take possession thereof; but as the village belongs to the family of Infantado, and to the Duke [D. Diego Hurtado de Mendoza], his son Don Martin, took up arms, shut himself up in the church, and resisted those who went to have the Pope's orders executed. In consequence of which the greater part of the inhabitants who offered resistance were formally excommunicated and placed under interdict, the Papal censures lasting to this very day. Whilst the assistance and help of the Crown was being solicited Don Martin managed to procure here, at Rome, an inhibition brief, in virtue of which he obtained the suspension of all legal proceedings in Spain. Matters being in this state, and the affair having been duly examined in the Royal Council [of Castille], the Empress addressed a letter to His Holiness explaining the whole affair, and pointing out the inconveniences arising from such an interdict. The archbishop of Toledo [Fonseca] wrote in the same sense, and His Holiness accordingly decreed that notwithstanding the "litis pendentia" here at Rome, the cause should be tried in Spain, sentenced according to justice, and the ecclesiastical censures raised. This brief, however, Don Martin refuses to execute, and matters remain still in the same state, he (Ortiz) having not yet been able to get possession of his benefice. Humbly requests the Emperor to order that justice be speedily done him in Spain, &c.—Rome, 19th July 1531.
Signed; "Dr. Ortiz."
Addressed: "To the Sacred, Imperial, and Catholic Majesty of the Emperor and King, our Lord."
Spanish. Holograph. pp. 3.
19 July.767. Dr. Ortiz to the Empress.
S. E. L. 854,
B. M. Add. 28,583,
f. 320.
In his despatch of the 3rd inst. he informed Your Majesty that the Pope had given him a book written in favour of the king of England to explain and refute. Has prepared a refutation of the same. At the same time, however, the bishop of Rochester (John Fisher), certainly one of the most learned men living, sent a reply to the arguments contained in the said book. The Bishop places at the head of his answer all reasons alleged in favour of the King by the university of Orleans, by the Faculty of Theology in Paris, by the university of Angers, by that of Poitiers (Pictaviensis), by those of Bologna, Pavia, and Toulouse: all of them are superficial and without weight. The opinions of the said universities were concocted in haste, without knowledge of the subject, and above all without honesty. They were procured through bribery, which deprives them of all value. Besides which some of these opinions alleged to be from universities had no more votes in their favour than those of two or three doctors. Where a great majority was in favour of the king, as for instance in this university of Paris, the best and most learned men were against him and in favour of the Queen, the reason thereof being that good men cannot be corrupted by bribes.
The author of the book in favour of the king of England quotes many authorities which are decidedly against him. On the whole the writer does not try to prove his case, but merely to persuade his readers by rhetorical phraseology. Would to God he might come to Rome and argue the case here, for he (Garay) would not fail to confound him and refute all his arguments!
Has seen and read the letter which the ambassador (Mai) received lately from England. Thank God the Queen is behaving as wisely and prudently as she did before when she had to answer the deputation sent by the King. It is clear to him that the Holy Ghost must have inspired her on that occasion. Her answers were like St. Katharine's when the doctors came to dispute with her. The Pope and cardinals highly approved of her behaviour, and said that her answer deserves to be printed and circulated for the glory of God, and as an act of justice to herself.
The vacations do not allow further proceedings to take place.
Has received from pope (Adrian) a preferment in the church of Guadalaxara. Don Martin de Mendoza, the son of the duke of Infantado, has since deprived him of it. Begs for justice to be done.—Rome, 17th July 1531.
Signed: "Garay."
Addressed: "To the Sacred, Imperial, and Catholic Majesty of the Empress."
Indorsed: "Dr. Ortiz, from Rome 19th July.''
Spanish. Holograph. pp. 3.


1 Andreas M. Palmeri, who was archbishop of Accrenza and Matera for the second time in this year (1531), was transferred to Policastro in July 1535. See Gams, Scries Episcoporum, pp. 843 and 912.
2 A relative of pope Alexander, who disputed some of the estates awarded to Clement's niece. See above passim.
3 In this last paragraph it is evidently cardinal d'Osma who speaks, not Mai.
4 See above, No. 751, p. 195.
5 I reproduce here this document just as I find it in Bergenroth's Collection; the original itself I could not see at Simancas. No wonder if most of the names are badly written. The paper itself is full of contractions almost unintelligible. To begin with the Pro Qrio, which thus contracted might be meant for "pro quarterio" or "quartiero," indicating one of the four quarters of Florence: Sivnto Spirito, Santa Croce, Santa Maria Novella, and San Giovanni, and not as my predecessor in the compilation of this Calendar thought "procuratores." Then as to the names; had I not looked for and found in Gli Annali della Toscana, by Mecatti, Naples, 1755, a list of the citizens "arruoti alia Balia," of Elorence, I should have been unable to recognize any of them, so corrupted were their proper names in the document transcribed by Bergenroth."
6 I find in Mecatti, vol. ii., p. 603, one Lupo del Touaglia, who may be the same here named.
7 Quant tout ce quest deduyt et articule dc la part de la royne seroit prouve en la forme et maniere quil gist en iceux articles encoures nen resulteroit yl ne entiere probation ne semy pleine."
8 "Elle va seule avee le roy aux chasses, et la royne que souloit tosiours suyvre est par l'ordonnanee du roy demoure a vindsor."
9 "Et quant tout seroit dit a la fin ylz demourroint angloix, et Jui françoys."
10 "La dite dame aussi pour le mesme respect, et pour se venger de ce que le due de sufforcq lauoit autres fois voulu charger de son honneur, luy a fait mectre sus quil se mesloit et copuloit avec sa propre fille."
11 Mary, the queen of Hungary, widow of Louis, the last king of that country, slain at Mohatz in 1526.
12 Montoya, Chapnys' secretary. Probably the same, or a brother of the one who in 1529 was sent by Katharine to Spain on a mission. Another named Hicronymo, a captain in the Imperial army, was present at the siege of Rome, and signed the capitulation. See vol. iii., part 2, pp. 233, 887, 884–5.
13 "Plaguiese á nuestro señor que él ó Ios que fueron en la composicion del libro viniesen aca para que con viva voz diesen cuenta de si, y entendiesen la caligen con que el enemigo les tiene cegados, la qual nuestro señor ha permitido para probacíon de sus espiritus."
14 In Spain (?) See Introduction to vol. iv., part 1, pp. xv–xvii.
15 A village between Madrid and the Escurial.