July 1532, 1-31


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'Spain: July 1532, 1-31', Calendar of State Papers, Spain, Volume 4 Part 2: 1531-1533 (1882), pp. 478-491. URL: Date accessed: 18 April 2014. Add to my bookshelf


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July 1532, 1-31

5 July.969. Doctor Ortiz to the Same.
S. E. L. 857, f. 6.
B. M. Add. 28,585,
f. 46.
Is in receipt of his letter of the 17th ultº. Having lately given a full account of all the incidents in the matrimonial cause he (Ortiz) has nothing to add except that the English excusator has lately claimed to use as mandate the last letter which his master wrote to His Holiness, a copy of which, as well as of the articles lately presented, he (Ortiz) forwarded some time ago. On this point there was a disputation in consistory; reports (informaciones) were sent separately to each cardinal, and last Monday the deliberation commenced in consistory, His Holiness commanding under pain of excommunication that no one should publish what passed on the subject. Today there is to be consistory again. He (Ortiz) has no doubt that the Rota having already decided against the English demand, and justice being clearly on the Queen's side, the application of the excusator will be dismissed. Has heard that the English have had for a long time the said mandate in their possession, but have put off its presentation the longer to delay the principal cause. Thinks that in order to shorten the judgment it would be better that the mandate, if they really have one, should not be presented, for then His Holiness might give us sentence by contumacy (contradittas) of the opposite party, and after that determine by means of an extraordinary bull the principal cause, &c.
It is said that in England the King is daily committing acts of disobedience against the Holy Apostolic See, and also that some preachers during his absence, and likewise in his very presence, have alluded to the mortal sin in which he is living owing to this divorce which he is attempting. This intelligence and other news coming from England, the ambassador there has no doubt forwarded to His Imperial Majesty, he (Ortiz) will therefore conclude this letter by praying God to give him victory over his enemies, the Turks, that he may the sooner return to Spain, &c.—Rome, 5th July 1532.
Signed: "El Doctor Ortiz/'
Spanish. Original. pp. 3.
9 July. 1970. The Same to the Empress.
S. E. L. 858,
f. 155.
B. M. Add, 28,585,
f. 49.
God be praised ! in this last consistory held this very morning a sentence has been issued in favour of the queen of England. It has been decided that the King's procuration and mandate must be to some one to represent him at the principal suit, not to make excuses as before; otherwise he will be proceeded against by contumacy (por contradictas). For brevity's sake, and the speedier termination of this affair, it would be much better if no mandate at all were forthcoming, because the sentence once drawn up and published we might then have the truth of the principal cause determined by an extraordinary bull ad perpetuam rei memoriam, with which the cause would be firmly established for ever. I have, however, heard that such a mandate exists, and has been for some time past in the hands of the English agents, who have not produced it in order to cause longer delays.—Rome, 9th July 1532.
Signed : "El Doctor Ortiz."
Addressed: "To the Empress."
Spanish. Origina. pp. 2.
9 July.971. Cardinal Siguenza to the High Commander.
S. E. L. 859, f. 47
B. M. Add. 28,585
f. 50.
Nothing new to write about by this post, except that ' yesterday cardinal de' Medici left this city taking with him 50,000 ducats in specie, as the Pope himself told me. It is to be hoped he will work so well where he goes now that his uncle (the Pope) may be induced to send him as much money as he requires [for his own expenses].
Respecting the Pope's contribution towards the expenses of the war, I flattered myself, and said so in my last despatch to the Emperor, that we were to have at least 10,000, but the ambassador (Mai) has since told me that he has flatly refused giving any. I see clearly that Juan Antonio [Muxetula's] illness has been and is still a sad disappointment, because had he been in a situation to call upon His Holiness, I have no doubt this matter would have been satisfactorily arranged, whereas now I see no chance of it. I cannot help thinking that for Miçer Mai to speak to the Pope concerning such matters is equivalent to his not speaking at all. I cannot say what the reason is, whether it is that considering himself already replaced, he (Mai) takes no interest in these matters, but the fact is that he is so cold and indifferent about it that the Pope thinks we are flush with money, and that we only ask his in order to save ours, &c.
With regard to the English matrimonial cause some resolution was taken yesterday in Consistory, the substance of which comes to this. The king of England to be told that unless he send at the beginning of October his mandate and power for the principal cause, the suit will be proceeded with by contumacy (por contradittas). If the provision be carried out just as it has been made, it cannot be possibly improved upon, but I confess that until I see it executed I have no great confidence because the awe they seem to have of the king of England is very great, and both the Pope and the cardinals treat him with the greatest possible moderation.
The Pope has sent me word that he has letters from France of the 25th ult., from the confidential reporter he has at that court announcing that the Most Christian King is determined to do our master the utmost harm he can, and that the duke of Albany is coming to Marseilles. I am, however, more inclined to believe what the archbishop of Capua (Niccolo Schomberg) himself writes to His Holiness, and the latter told the Florentine ambassador to shew me, namely, that the Bang will not move until he sees the Emperor fairly hand to hand with the Turk, when he will no doubt do all the harm he can, that is unless the Emperor, our master, complies with his wishes with respect to Milan.
Cardinal [Ippolito de'] Medici who was to have taken with him Giovan Paolo [da Ceri], as he positively told me, has left him behind, and I have this very day been told that the reason is that the French wish to secure the services of that condottiere. Count de Anguilara, who is an Orsino, and a great friend of mine, wrote to me yesterday from his estate confirming that news.
The vice-royalty of Naples ought to be filled up. (fn. 1) Sancho Bravo wants to accompany the Emperor in this campaign, but I would rather have him stay where he is, for he is a wise and trusty man, and his services will be invaluable there at Naples, whilst there is no viceroy. Let one come, and then he [Bravo] may go where he likes.—Rome, 9th July 1532.
Signed: "Fr[ater] G[arcia] Cardlis Seguntinus."
Addressed: "To the very magnificent Lord, the High Commander of Leon, secretary to His Imperial Majesty, and member of his Privy Council."
Spanish Holograph. pp. 4.
11 July.972. Eustace Chapuys to Mons. de Grandvelle.
K. u. K. Haus-
c. 227, No. 32·
Monseigneur: Finding that it was of no use amplifying and exaggerating the imminent danger of a Turkish invasion with a view of obtaining the help and assistance of these people, but that all like solicitations would be in vain, I have been of opinion, as the Papal Nuncio had to speak again on the subject, that he should take a different course, and that without alluding either to the forces of the Infidel, or to the dangers of invasion from him, he should, on the contrary, at his next interview with the Duke, magnify the preparations made both by the Emperor and by the Pope, and the hopes entertained of a glorious victory over the enemy. The Nuncio, therefore, has followed my advice, and played his cards so well that instead of disregarding, and almost rejecting his demands, the Duke has thrown out some hopes of assistance, as you will be able to judge by my despatch to the Emperor. Thus, what duty could not effect jealousy at least has in a manner provoked, though I fear that neither sentiment will be of much use in this instance. I have purposely avoided writing to His Imperial Majesty on the subject, or relating in detail the Nuncio's address to the Duke for fear of prolixity, but if there should be any need of explanation, I hope that I have said enough to you at former times to explain satisfactorily my views and the motives of my conduct on this occasion.
A very piteous thing has just happened in the case of a young priest, which I will relate to you. (fn. 2) He had hitherto lived in such honesty and virtue that I really believe there were not two men in England more generally esteemed and loved, his profession being taken into account. It appears that he had received a sum of money in new angelots, which he out of simplicity rather than malice proceeded to sweat or file, fancying perhaps that he could well do it as he occasionally did with the consecrated wafers when he found them too large. (fn. 3) No sooner had he accomplished his task than he went to the goldsmiths to sell the filings of the said angelots, which might be worth about half a crown, and shewed them to three or four of their number to see if he could get one farthing more upon them. He was at last arrested and sent to prison, and though his case excited general pity, and people of all classes interceded for him, the King—who had lately pardoned a Frenchman and tavern keeper for the very same offence—would not hear of any extenuation, and either through his hatred of the priesthood (theologie), or to please the Lady [Anne] who, I am told, being requested by her father [the earl of Wiltshire] to intercede in favour of the prisoner, answered that he (the Earl) ought not to speak for a priest of whom there were already too many in this country, rejected the application, and the poor man, after being tried by a civil court, was sentenced to death, and without previous degradation dragged through the streets of this capital and hanged. The above lamentable case will shew you to what extremity the Clergy of this country are reduced !
Monseigneur: the cardinal of Burgos writes from Naples that he cannot get anything out of the Royal Treasurer's hands for me, and therefore I am obliged to apply urgently for my regular salary in that country (Flanders), about which I am now writing to the Secretary, &c.—London 11th July [1532].
Signed: "Eustace Chapuys."
Addressed: "A Monseigneur, Monseigneur de Grandvelle."
French. Holograph. pp. 3.
19 July.973. Clement VII. to the Emperor.
S. E. Rom. L. 858,
f. 1.
B. M. Add. 28,585,
f. 52.
The late advices received from my legate [Gambara] at Your Majesty's Court, and which I have no doubt have been forwarded to you from Venice, have sadly afflicted me for they take away from me all hope of being left in peace this present year, and holding an interview with you, which is what I most desire.
If such a calamity, however, as a Turkish invasion is to come upon Christendom I thank God most sincerely that it happens at a time when you find yourself [in Germany] in a position to repel it.
I write at full to the Legate on this matter of the Turk. He will represent to you both my fears and my hopes.
I wish and hope that Your Majesty's late indisposition may have left no traces behind, and that you are in good health.
The clemency which Your Majesty has already begun to use towards the duke of Gravina emboldens me to recommend him so that he may recover both his estate and your favour.—Rome, 19th July 1532 (fn. 4)
Addressed ; "Carmo in Chº filio n[ost]ro, Carolo Romanorum Imperatori semper Augusto."
Latin, p. 1.
19 July.974. Cardinal of Siguenza to the High Commander.
S. E. Rom. L. 859,
f. 48.
B. M. Add. 28,585,
f. 52.
Sanga came to me yesterday with a letter from the Papal Nuncio in France to His Holiness, saying that the ten galleys which His Holiness had asked for against the Turk he (the King) could not and would not furnish. In the first place he mistrusted Andrea Doria; and then the French galleys being inferior in number to the Imperial fleet under that captain they might be badly treated, and if returned to him, would surely be spoiled and in bad condition as were those which he lent on another occasion at the time of the deliverance of his sons. On no account would he now put his galleys in the hands and at the mercy of Andrea Doria; but should the Pope require them for defending the coasts of his Roman estate he would send not 10 but 17 altogether, under the duke of Albany, on condition that His Holiness would put under him the 10 he is arming at Genoa, and the three he has at Rome.
The writer further says that notwithstanding the information conveyed to His Holiness that France is making preparations for war, he could affirm that there was nothing of the sort. He (the Nuncio) knew France well, and could see and judge for himself. There was no possibility of war for the present; the galleys which were thought fit for sea long ago have been found in such a state that although the Admiral was sent for, he has been [at Marseilles] for upwards of two months, and yet not 100 ducats have been spent on them.
The duke of Albany's visit to the court of France had been merely for the purpose of negotiating the Scotch marriages, after that he returned immediately to his own estate.
It was intimated in the letter that the king of France hated the Emperor, and wished him all possible harm. The writer thought that he was in correspondence with the Lutheran princes. The day before a native of Lombardy, who had gone to Germany on behalf of the King, happened to return from that country, but he seemed to know nothing of what he himself had been negotiating.
The Most Christian King, moreover, shewed resentment at the Pope, owing to his having furnished the Switzers with money. He did not believe that was for the purpose of helping Christians but of dividing them.
This is in substance the summary of the news which His Holiness has received from France.
Spanish. Original. pp.
20 July.975. Lope Hurtado (fn. 5) to the Emperor.
S. E. L. 369,
f. 163.
B. M. Add. 28,585,
f. 59.
Gave his letter to the king [of Portugal], who shewed great joy, and said he was disposed to serve him [the Emperor] in all ways, though his means (he said) were very small. The King then inquired after his (the Emperor's) health, and was sorry to hear it was not so good as might be wished. He also made many other inquiries, such as the number of his troops, &c., and whether the kings of France and England had answered the calls for help against the Turk made upon them. Answered that he did not know. The King then spoke in very harsh terms about the king of France's behaviour, which he qualified as unchristian, &c.
Intrigues of the Turk, the Vayvod and German Protes tants at the court of France, &c.—Lisbon, 20th July 1532.
Signed: "Lope Hurtado."
Addressed: "To his most Sacred, Imperial, and Catholic Majesty the Emperor and King, our Lord."
Spanish. Holograph in cipher.
24 July.976. Cardinal de Siguenza to the Same.
S. E. L. 859,
ff 49-50.
B. M. Add. 28,585,
f. 60.
Spoke to the Pope about the matrimonial cause of England, as the Emperor's letter prescribed. His Holiness' answer was that he believed the resolution just taken, about which the ambassador (Mai) has no doubt written, could not be improved upon ; it was the best that could be taken under the circumstances. Replied that he (Siguenza) was of the same opinion, provided the promises that had been made should be fulfilled. If after the expiration of the holidays no excuses from the King were listened to, unless his mandate for some one to represent him in the principal cause was first exhibited, there could be no doubt that the resolution was a good one. The Pope answered that he promised it most solemnly; on no account would he listen to the representations or excuses of the English unless they produced first a mandate from their king. Should this be so he (Loaysa) will be perfectly contented, because then the Bang's adulterous union cannot in any way affect the validity of the Queen's marriage, or the Princess, her daughter, in her right to the succession ; besides which it will be a good opportunity for bidding the King to separate from his mistress. (fn. 6) —Rome, 24th July 1532.
Signed: "Fr[ater] G[arcia] Cardlis Seguntinus."
Spanish. Holograph. pp. 3.
27 July.977. Giovanni Aloysio Aragona to the Same.
S. E. L. 857,
f. 211.
B. M. Add. 28,585,
f. 61.
Has not written of late expecting that some good resolution would be taken in the cause of the queen of England; but, as Your Majesty has no doubt heard from the ambassadors, the excusator's article having been disputed and decided in our favour, it has been resolved that after these holidays the principal cause shall be proceeded to, and should not the king of England in the meantime appear, or send powers to represent him, steps shall be taken "in contumacia per le contradicte." (fn. 7)
Has for many years acted as advocate to the Emperor, and to his brother, the king of the Romans. Has always done service, most particularly in the Traietto suit, (fn. 8) and in this one of the queen of England, which was entrusted to him from the very beginning. Had to go to Bologna, as the Emperor may recollect, and give his opinion in writing, and then return to Rome, where frequently, in the presence of His Holiness, and of his cardinals, he has had to plead for the Queen, and dispute with the English lawyers, and very lately against three of the latter, who maintained that their king was not obliged to appear at the Roman court, that his excuses ought to be admitted, &c.
Does not make the above statement to ask for reward, but merely that the Emperor may know that he is ready, as also his brother, the Auditor, to serve the Emperor to the utmost of his ability.—Rome, 27th July 1532.
Signed . "Jo. Aloysio de Aragonia.''
Addressed: "Sacred, Imperial, Catholic Majesty."
Italian. Original. pp. 2.
28 July.978. Dr. Ortiz to the Same.
S. E. Bom. L. 858,
f. 156.
B. M. Add. 28,585,
f. 63.
As it might happen that in the fulfilment of a certain commission which the admiral of Castille [Enriquez] entrusted to him some malignant persons may have reported about him, and accused him of things that never crossed his imagination, he (Ortiz) has by this post sent to the High Commander of Leon, His Majesty's chief secretary, a regular investigation (informacion) signed by witness that his own innocence may at once be established.—Rome, 28th July 1532.
Signed: "El Doctor Ortiz."
Spanish. Holograph. pp. 1½.
28 July.979. The Same to the Same.
S. E. Rom. L. 858,
f. 157.
B. M. Add. 28,585,
f. 65.
I wrote a few days ago that the Consistory of Cardinals had decided that the king of England was to send a mandate not only to excuse himself but to proceed in the principal cause, and that if he did not the case would be tried by contumacy. As the suit could not be resumed until after the vacations, and no time was to be lost, I asked His Holiness for a declaratory brief explaining the words and meaning of the said sentence, in order that at the end of the vacations no detrimental delay should ensue in the matrimonial cause. His Holiness answered that he would, but when I came to remind him of his promise he told me that the brief had been drawn up and enclosed to his Nuncio in England to be notified to the King. I then begged for a copy of it that I might forward it to the Queen for her consolation and comfort, but this the Pope told me was not suitable (no convenie). He had ordered his Nuncio in England to notify it to the King only at the opportune moment, and communicate it besides to the Queen. I have accordingly written to the latter as well as to the ambassador (Chapuys), relating my conversation with the Pope, and begging that should the brief be notified in England they should inform me at once in order that no time should be lost here at Rome.
Eustace Chapuys, Your Majesty's ambassador in England, wrote some days ago earnestly requesting me to procure from His Holiness a second brief of excommunication, declaring the King to have incurred that penalty ; but as Your Majesty wrote that the Queen was of opinion that the first brief should not be notified, and, therefore, that a second was not needed, and that I was to press for a sentence, I of course obeyed Your Majesty's commands, and paid no attention to the ambassador's request. Chapuys then wrote again with great urgency that if I saw that a sentence could not be obtained before the beginning of the holidays, I was to procure this second declaratory brief, adding that it would be very useful under the circumstances, and that Your Majesty would soon send me orders to that effect. With this letter of Chapuys in my hand I called upon Your Majesty's ambassador here (Miçer Mai), read it to him, and asked his advice on the matter. His answer was : "If you (Ortiz) wish to ask the Pope you may ; as for me, I consider the step useless, for His Holiness will never grant our demand."
Went up to His Holiness, reproduced all my arguments, and proved to him that he was in duty bound to excommunicate the King. His Holiness, with changing colour and trembling voice, said : "Since sentence has been given against the King, and he has been summoned to send his mandate it is but just to wait and see what he intends doing, for should he send it, the cause will be proceeded with at once, and if he do not the trial will go on just the same by contumacy (contradittas)"I immediately replied that there were two things to be considered: one was the principal matrimonial cause ; of that I did not speak since it was going through its judicial terms; the other the mortal sin in which the King was, and chose to remain, having cast away his queen. It is to this sin that I alluded, for which the King had deserved excommunication, &c. Told His Holiness with all due reverence that if he did not excommunicate the king of England I (Ortiz) would stand up on the day of judgment and accuse him before God.
Somewhat moved by this reasoning the Pope said in anguish . "Well, since you insist so much on it, go and consult Ancona and Monte as to how and when the thing is to he done." Replied that the whole matter should be kept a secret that the opposite party might not hear of it, and try, as they are in the habit of doing, their hand at corruption. Since His Holiness had engaged his word there was no need for consulting other people thereupon. "I am not a lawyer," replied the Pope, "and upon everything I do in this way I must consult with lawyers."
Perceiving, however, that I could not drive the Pope out of his intrenchment I said : "If Your Holiness will allow me I will consult only with cardinal Ancona."This concession the Pope granted me on condition that I would not call on him until the next day. I went immediately to the ambassador's, related to him my conversation with the Pope, and begged him to call on Ancona that very evening, as I had promised not to see him till next day.
Whether Miçer Mai did or did not call on cardinal Ancona, as requested by me, I do not know; all I can say is that I called next morning and explained the case to him. The Cardinal's answer happened to be the same as that of His Holiness: "We must wait for the King's mandate ; after the vacations you yourself will report in the principal cause, and the trial shall be proceeded with ; that is my advice." Strongly objected to this opinion, using the same arguments I had employed in my conversation with His Holiness, but to no purpose ; the Cardinal said : "You speak as a theologian, but I, as a lawyer, must look to the bearings of the affair." At last I pressed him so hard that he said to me "let me study the whole affair and I will tell you sincerely what I think of it." Then (said I) I will call tomorrow for the answer—I want two or three days to consider the case. When after that lapse of time I called for the answer I was told : "The Cardinal is unwell, and cannot see anyone." To-day I have called again, and have been told that although he is better he will not give audience for the next 10 days. I cannot help thinking that His Holiness is at the bottom of all this, because yesterday, when I called at the Palace I was not received, and was told to return to-day, and when I went thither this morning was informed that His Holiness was under medical treatment and could see no one ! ! —Rome, 28th July 1532.
Signed: "El Dr. Ortiz."
Spanish. Holograph. pp. 11.
29 July.980. Eustace Chapuys to the Same.
K. u. K. Haus-
c. 227, No. 33.
(Cipher:) The King was on his way to the Northern counties where he intended to hunt [this autumn], all those who wish him away from this place having incurred great expense in provisions and so forth, when he suddenly changed his purpose, and came back to town. The causes of his return are variously explained. Some say that for the last three or four days after he started on his journey, wherever he went accompanied by the Lady, the people on the road so earnestly requested him to recall the Queen, his wife, and the women especially so insulted the Royal mistress, hooting and hissing on her passage, that he was actually obliged to retrace his steps. (fn. 9) Others fancy that it is on account of some movement of the Scotch, who have lately made a raid across the Northern frontier, and among other damage done, have slain one of this king's captains ; with this additional circumstance that the Scotch raid commenced when the amhassadors of king James had already been four days in England asking for the restitution of the town and castle of Berwick. Again some people say that the cause of this king's sudden return to town is that he wishes to break off his former engagements and to favour the King's enemy, the earl of Angus. But I heard yesterday, and again to-day from a very authentic source, that the chief cause of the King's sudden return is that he wishes to be prepared for the interview, now in contemplation, between him and the king of France, at Calais, on the last day of September next, and that the six or eight vessels which three days ago he ordered to be got ready with all haste are destined to escort him to the said port of Calais, though, on the other hand, it is publicly announced that the armament is really meant against the Scots. I must say that, though the information comes from a very good source, this last plan does not seem to me at all probable. I have, nevertheless, deemed it necessary to acquaint Your Majesty with all these rumours, for, as I hear from the same person who brought me the news, the whole thing has hitherto been kept a most profound secret, so much so that treasurer Febblien (Fitzwilliam), who is one of the King's Privy Councillors, knew nothing about it until three days ago. In addition to which a respectable man (wn homme de bien), who had not heard of the said interview to take place at Calais, has just called and brought me news that the duke of Orleans is to come here, and the duke of Richmont is to go to France (an exchange by the way, which seems rather unequal), and that negotiations have already commenced with this king respecting certain plans [and alliances] which having been long ago abandoned cannot be speedily reconstructed. (fn. 10) The French ambassador himself, who counted upon his accompanying the king during the whole of the summer excursion, and had actually started, will he here to-morrow, and it is rumoured that the cause of his sudden return is no other than a skirmish he has had with the King concerning the Scotish affair, which he was unable to adjust during his last journey to France, in the manner this king could have wished, and he himself had promised since his return to town. I shall do my best to procure information on this point, that Your Majesty may be early apprized of the intentions of this king and Court.
Meanwhile, it would appear that in consequence of despatches received from Rome, or fearing perhaps that the Pope is about to issue certain letters of monition compelling him to recall the Queen to Court and cast away the Lady, the King, it is said, has lately shewn his temper in a most remarkable way, and often said in public that he could not tolerate His Holiness treating him in the manner he had done hitherto. The Pope (he said) had no power over him, and he was therefore determined to accomplish this new marriage with the greatest possible solemnity and pomp. He has, I am told, issued orders for suitable preparations to be made against such an event, and Tallebot (Talbot), who is a sort of Grand Master, and has some other pre-eminence at the coronation of queens, has been sent for. No one of those present when the King made the above declaration dared remonstrate in the least, though all were exceedingly displeased at the time, and the courtiers greatly scandalized for fear he (the King) might carry his plan into execution. Though this is not probable, I have taken care to warn the Queen that she may guard against the King's threats, and watch every opportunity to arrest the intended blow.
I hear from Paris that just at this moment, and by the advice of Parliament, two conclusions have been debated and carried there, namely: that according to, and by right Divine, the Pope could not excommunicate the king of France. Also that no female could legally obtain and possess the kingdom. The debate on these matters, as I can hear, has been instituted and carried out at the express request of this king (fn. 11) for the purpose and with the intention which Your Majesty's great wisdom will understand much better than I can describe. Had the Pope taken his measures at the beginning, when the Parisian doctors dared dispute his authority on the divorce question, all this might have been avoided.—London, 29th July 1532.
Signed: "Eustace Chapuys."
French. Original entirely in cipher. pp. 4.
29 July.981. Miçer Miguel Mai to the Same.
S. E. Rom. L. 857,
f. 123.
B. M. Add. 28,585,
f. 71.
As I have informed Your Majesty in former despatches all last Lent and the summer months have been spent in publicly debating this question of the excusator and ambassador of the king of England, they pretending that their excuses ought to be admitted by right, especially because at the end of the audiences they introduced an article about the Turk's threatened invasion, whereon they founded their arguments for their king not appearing at Rome, we alleging the contrary on the side of the Queen, in fact as well as in right. Whilst we were expecting sentence on this last article His Holiness in Consistory decreed that should the king of England at the re-opening of the audiences not send proper mandate to represent him, the cause would be legally proceeded with notwithstanding the excusations and all other reasons alleged by his agents. This Papal decree has been intimated to the English [excusator] by means of a brief although in my opinion this step is quite superfluous, since the decree itself brings execution. I should have liked to notify it myself, but the Pope's people would not give it to me (fn. 12) After all it comes to the same thing as the sentence we asked for, and I fancy that they have made out the brief in this manner for two reasons: the fìrst and principal one out of consideration for the King, and that he may thus be induced to send his mandate, and give commission to some one to represent him before the Rota; the other that they may themselves take advantage of these vacations (ferias) and not be importuned by us, as they have been of late years, with incessant petitions for the cause to proceed during them. As I know perfectly well that had I again made such an application nowadays it would have been refused, I have not insisted, and am satisfied with the brief, in the hope that at the re-opening of the audiences the principal cause will be proceeded with, and that unless some new obstacle stops the way a sentence will be obtained by next Christmas. Besides which the Pope has pledged to me his most solemn word that immediately after the vacations the proceedings shall be resumed, so that, although he has singularly failed hitherto in his promises, I have reason to think that this time at least he is in earnest.
Meanwhile I am doing all that is proper for the good issue of the Queen's cause. Just recently a messenger of secretary Joan Garcia, whose name is Miguel Perez de Olivan, has brought me some allegations written by a consummate theologian [of Bologna], which allegations the partisans of the king of England have tried hard to prevent coming into my possession. Miguel Perez, who is a student at that University, has behaved very well on this occasion. Some time before he sent to the Empress another set of allegations written by a lawyer of that city. (fn. 13) In fact we all are getting ready against the resumption of the proceedings.
The second brief has been lost, nobody knows where or by whom ; the loss, however, is of no great consequence just now, for if we have to wait until the re-opening of the audiences, which will be on the 1st of October, to see whether the King will or will not send his mandate—which last would be far better for the good of the cause—the brief in reality is not wanted. These people say that all this has been done not to over irritate the King.—Rome, 29th July 1532.
Signed: "Mai."
Addressed; "To the Sacred Majesty of the Emperor and King, our Lord."
Spanish. Original. pp. 3.


1 "Napoles se debe proveer presto" are the words of the original; but as cardinal Colonna died after the date of Loaysa's letter it must be inferred that the appointment of the marquis de Villafranca [Don Pedro de Toledo] had been made some time before that cardinal's death.
2 "Il est ces jours icy advenu ung cas bien piteable d'ung jeune prestre le quel commist linfortune dont parleray; [il] a vesçu si tres honnetesment," &c.
3 "Le quels angelotz il rogne (rogna) pensant par avanture que cella pouvoit yl fere comme yl faysoit aux hosties estant trop grandes."
4 Porcacchi in his Lettere de Principi, &c., edition Zirletti, Venetia, 1581, small 410, published four letters of Clement to the Emperor, dated respectively 7th March, 10th May, 18th June, and 7th July; but they all differ from this one, and relate chiefly to the Council and the affairs of Germany; the date, however, of the one at Simancas was originally, as we are informed, the 29th of May, though subsequently changed by Idiaquez, or another of Charles' secretaries, into 19th July 1532.
5 Lope Hurtado [de Mendoza ?] had been Imperial ambassador in Portugal ever since August or September 1528, two years after the Emperor's marriage to Isabella of Portugal, the daughter of king Dom Manuel. At this time [in 1532] the throne was occupied by João III., and the Emperor's letter to him must have had reference to the Turkish war.
6 "Y quando esto fuere yo seré contento por que entonces el adulterio del Rey no podrá daũar al casamiento de la Reyna ni á la herencia de la Princesa, 8u hija, y habrá mejor saçou para mandarle que deje la manceba que agora tiene."
7 "Et non venendo sopra eio qui sufficiente procura del Re se possa procedere," &c.
8 "Fra le altre cose occorse dí importantia stata la materia traíectense ne la quale io fe bono officio et fo expedita ad votum." The duchy of Traietto was claimed by one of the Gonzagas (Luigi, detto Rodamonte), about whom see vol. iii., part 2.
9 "Les ungs dient que cest pour ce que pour deux ou trois iours ou il auoit commence de passer, il auoit este requis bien instamment de la part du peuple de uouloir reprendre la royne, et les femmes avoyent crye estrangement apres la dame, luy disant mille iniures et vituperes."
10 "Ils ont commence de laborer du roy choses que ne sont si tost rabiliees car elles sont bien desmarrees et caduques."
11 "Je suis aduerty de paris que ces iours out este par ladueu (sic) du parlement disputez deux conclusions assçauoir que par et selon le droit diuin le pape ne pouoit excommunier le roy de france. Item que nulle femme estoit habille ne capable a tenir ne posseder royaulme, la quelle dispute, a ce que ientende, a este dresse et promue a linstance de ce roy."
12 "Y este decreto se le he (ha ?) intimado con un breve, aunque para mi no hace al caso, pues trahe consigo la execucion, bien que quisiera yo íntimarselo, sino que no me lo quisieron dar."
13 The passage is somewhat obscure : "Y agora de nuevo un embiado (criado?) del Sec. Joan Garcia, que se llama Miguel Perez de Olivan, me ha embiado unas allegaciones de un gran theologo que me querian desviar los fauctores del Serenissimo Rey [de Inglaterra], y este mancebo que estudia en Bolonia lo ha hecho muy bien, y ya otra vez embio otras de un legista de alii a la Magd, de la Emperatriz."