Spain: Supplement

Calendar of State Papers, Spain, Volume 4 Part 2, 1531-1533. Originally published by Her Majesty's Stationery Office, London, 1882.

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'Spain: Supplement', in Calendar of State Papers, Spain, Volume 4 Part 2, 1531-1533, ed. Pascual de Gayangos (London, 1882), British History Online https://prod.british-history.ac.uk/cal-state-papers/spain/vol4/no2/pp906-942 [accessed 6 March 2025].

'Spain: Supplement', in Calendar of State Papers, Spain, Volume 4 Part 2, 1531-1533. Edited by Pascual de Gayangos (London, 1882), British History Online, accessed March 6, 2025, https://prod.british-history.ac.uk/cal-state-papers/spain/vol4/no2/pp906-942.

"Spain: Supplement". Calendar of State Papers, Spain, Volume 4 Part 2, 1531-1533. Ed. Pascual de Gayangos (London, 1882), British History Online. Web. 6 March 2025. https://prod.british-history.ac.uk/cal-state-papers/spain/vol4/no2/pp906-942.

Supplement

25 May. 1169. Miçer Mai to the Emperor.
S. E. L. 853, f. 1.
B. M. Add. 28,583,
f. 246.
Has spoken with Ancona concerning the Scotch business. The Cardinal thinks that the king of Scotland [James] will be satisfied to marry a daughter of the king of Denmark [Frederic], as the letters of his secretary (Erskine), who has probably returned to Scotland by this time, seem to imply. They (the Scots) have already written a formal letter to the duke of Albany, informing him that any engagements he may have taken respecting a marriage of their King to the Pope's niece are at an end. The Cardinal, moreover, says that if the Emperor approves of the King's marriage to one of the daughters of Denmark, he is willing to commence negotiations at Rome immediately, and with the greatest secrecy.—Rome, 25th May 1531.
Indorsed: "Abstract of a letter from Miçer Mai dated the 25th of May."
Spanish. In the handwriting of Secretary Idiaquez.
25 May. 1170. The Same to the Same.
S. E. L. 853,
f. 44.
Duke of Mantua.—Prothonotary Gattinara, &c., &c.
B. M. Add. 28,583,
f. 247.
Has already said in former despatches how desirable it is that the papers expected from Spain should arrive, and be handed over to the auditor of the Rota. They would be most beneficial, not only to the English cause, but in many other respects.—Rome, 25th May 1531.
Signed: "Mai."
Addressed: "To His Sacred Majesty the Emperor and King, our Sovereign Lord."
Spanish. Holograph. pp. 2.
26 May. 1171. The Same to the High Commander.
S. E. L. 853,
f. 1.
B. M. Add. 28,583,
f. 223.
A consistory was held the other day, at which His Holiness proposed the right of nomination which the French king asks for, and the cardinal's hat for which Tarbes has lately applied. He also proposed the one for the lord of Monaco, but not that for the Capuan (Schomberg). It was resolved not to give them either to the one or to the other of those ecclesiastics; and, respecting the right of nomination, the resolution was to refuse it altogether, and that an inquiry should be made into the irregularities (deshordenes) of which Tarbes complains, and which are the pretence for his asking for such a concession. He (Tarbes) is exceedingly hurt at this. Though the loss is equal on both sides, His Imperial Majesty need not regret the non-success of our negotiations on that score, especially as the cardinals raise many objections against the lord of Monaco, saying that after all he is a Grimaldo, has been cruel, committed many murders, and been mixed up with political intrigues of all sorts. (fn. n1) The Capuan, on the other hand, has been duly informed of the bad result of the application made in his favour.
Hears that, owing to the great number of cardinals, His Holiness is thinking of issuing a bull enjoining that upon the death of any pope they are to be shut up in conclave for three days after, and that those who may come too late shall not be admitted;—a measure, in his (Mai's) opinion, which it will be rather difficult to put into practice.
The Pope told him the other day that Tarbes pressed him so hard in the affair of the marriage contract that he was afraid the string would snap one of these days; he had, therefore, appointed cardinal Salviati and his father [Jacopo], besides his own secretary (Sanga), to hear him, and conduct the negotiations, &c.
Advices from Hungary, confirmed by letters from Venice, have been received, stating that the Sophy [of Persia] had defeated the Turk in an encounter, and that Habrayn-basa (Ibrahim Bashá) had gone from Constantinople to Alessandria.
Antonio Doria, formerly in the service of France, has quitted it, and gone to Genoa with his three galleys. Not knowing whether the Emperor would like to engage him, he has offered his services to the Pope, who has not yet either accepted or refused them. This business requires consideration, because, should the king of France lose these and other Genoese galleys, he will be prevented from undertaking anything serious against that city.—Rome, 26th May 1531.
Signed: "Mai."
Addressed: "To His Sacred, Imperial, and Catholic Majesty."
Spanish. Original. pp. 4.
21 July.
Lanz. Corresp. d.
Kai. Karl.
v. i., p. 506.
1172. The Emperor to his brother, the Archduke, king of Bohemia and Hungary.
I answered on the 8th inst. all your letters brought by the bastard of Roeulx and secretary Cornelis, and sent you besides the copy of my answer to the duke of Saxony, the landgrave of Hesse, and their adherents.
I have communicated with counts Nassau and Newenar, who start this very day on their commission to the Palatine (Frederic).
You will see by the copy that accompanies this what my answer has been to the objections raised by the Legate against the Council. The further we go, the more persuaded I am that the Pope is unwilling to summon one, and that the king of France encourages him, thinking by that means to make himself agreeable ; so much so that the cardinal of Grammont, bishop of Therbes (Tarbes), makes no mystery of it, and has said to whoever would listen to him, both on his road to France and at Court, that the marriage between the duke of Orleans and the Pope's niece is a settled thing. Although His Holiness keeps denying the fact, and my ambassadors at Rome seem to think that nothing has yet been concluded, I cannot help thinking that there may be some foundation for the report, since the Cardinal has published it, and the king of France himself has told my sister, his Queen, However this may be, I care not what happens in that respect as long as the tranquillity of Italy, the welfare of Christendom, and the interest of our Holy Faith are not affected by it. The thing cannot remain long a secret, and, therefore, when the truth becomes known we shall judge how to conduct ourselves. Meanwhile there is no need of dissembling, nor of expressly speaking about the Council until one can see what can be done at the next Diet.
I also send you the copy of my answer to the Papal Legate touching the difference and the suit between the king of England and the Queen, our aunt; the process of which His Holiness, at the urgent request of the said king, and in order, as I have reason to suppose, to favour the king of France would willingly commit elsewhere out of Rome, or make it lag through arbitration, perhaps, too, mix up the king of France with it on the plea that he is their common friend. All things considered, should the Pope determine upon such a course, there is no saying what disputes, inconveniences, and causes for enmity would arise therefrom; and for that reason I have insisted on the said paper, of which I enclose you a copy, for the matter to be tried and decided without any further delay at Rome, where it was first instituted.—Brussels, 19th July 1531.
French. pp. 4.
26 July. 1173. Miçer Mai to the Emperor.
S.E. L. 853, f. 64.
B.M. Add. 28,583,
f. 323.
Since writing by Peñalosa he (Mai) has received the Imperial letter of the 24th of June last, announcing that Gritti had been set free, and his papers restored. Failed not' to communicate the intelligence to His Holiness, to the Venetian ambassador, and to the Orsini. All praised the Emperor's magnanimity.
(Cipher:) Has lately been urging the Pope to decide at once what matters ought to be discussed at the German Diet, so that no time should be lost. His answer has been that cardinal Sant Sixto had brought in his report, and that three principal points have been settled. 1st. All matters not " de jure divino " to be reduced to venial not to mortal sin ; (fn. n2) —which is a very important concession for all people of tender conscience (gente de timorata conciencia), whether heretics or Christians. 2nd. The consecration and communion to be under two kinds (super utraque specie). And, 3rd. The marriage of the Clergy to be allowed according to the use of the Greek Church. (fn. n3) These three things open a wide path to con ciliation (concordia). His Holiness begged him (Mai) not to communicate this intelligence, but keep it secret, for he intended these things to be granted or promised little by little, not all at once. Has, however, contrived that the Pope write to his Legate at the Imperial court, and he himself (Mai) has not hesitated to make the announcement in order that he (the Emperor) may be prepared.
Wrote to His Imperial Majesty that Tarbes, on his departure for France, had promised to send the Pope a memorandum of the means which the king of France thought might be adopted for the reformation of the treaty of Cambray; but although three or four posts from France have come since, it is said that no letters from him (Tarbes) have been received. He (Mai) can hardly believe this to be the case, for on the 27th of June he (Tarbes) was already at Lyons. There may have been since some great disagreement (desconcierto), of which the Pope is ashamed, and which he is trying to patch up before making it public, because (cipher:) he still keeps holding long conferences with the duke of Albany. He (Mai) is trying to ascertain what they are about now, and fancies it will not escape him (que no se le escaparan).
A week ago the Pope told him (Mai) that the duke [of Albany] had shewn him letters from the French ambassador in Venice, announcing great preparations of the Turk to come down next year upon Italy, and even as far as Rome. His Holiness (he said) ought to compel the Christian princes to a sincere union (honesta concordia). As the last letters from Rodrigo Nino said nothing about this, he (Mai) naturally concluded that it was merely a stratagem of the French to try their depth (para tentar el vado). On another occasion the Pope said that Albany had spoken to him about Milan, and remarked that if the Emperor thought that too great a price to give away, he could not reasonably complain of Genoa being attacked. Now, as it is publicly stated here at Rome, and all over Italy, that the French intend attacking Genoa sooner or later, and advices have come that three quarters (quarteles) had been paid to the galleys, and two to the land forces, and that, besides, they (the French) wished to make levies in Provence, he (Mai) came to the conclusion that something was in the wind. Imparted his suspicions to the Pope, who told him not to believe that the French, however boasting and insolent they might be, could declare war for the present. Madame the Regent (Louise) had always been opposed to it, and was so now more than ever, &c.
(Common writing:) The French here at Rome, and a good number of the Italians also, are rather alarmed (stan en umbra) as to what may be done at this next Diet; even the Pope is uneasy, and he (Mai) fancies that it is because he fears that at that Diet new proposals about the Council will spring up. Others fear that in consequence of that Diet the Emperor will remain so great and so powerful that the world will be at his feet; and, what with his coming to Italy, and with the Imperial army being so far advanced, (fn. n4) these devils, who arc so fond of novelty, make a thousand guesses, &c.
The manner of dealing of Tarbcs is exceedingly obnoxious because here, at Rome, he talked as he pleased, and when in France he promises everything in the Pope's name. The consequence is that a good deal of mischief is done in this way, and that, as well in the matrimonial cause of England as in other affairs, people here begin to complain of his having, gone too far. Hears, however, that the king of France is daily losing credit with the Pope. (Cipher:) For no other reason, as people say, is chancellor (Prat) gradually getting out of favour. Perhaps the Pope imagines that the same thing will happen one of these days to Tarbes, a creature of the Chancellor, for certainly both have the same enemies at the French court.
The duke of Savoy (Carlo) has sent one of his secretaries here to tell the Pope that, being unable to come to terms with the Lutheran cantons of Switzerland, he has decided upon strengthening four of his castles bordering upon their country By so doing the Duke thinks he can effectually defend himself, but he wants, nevertheless, to be helped with 200,000 (fn. n5) ducats.
The Duke's man has brought also letters for him (Mai); and as the Pope wishes to keep the Duke content in case the Duchesina Caterina de 'Medici should be placed in his charge previous to her marriage with the duke of Orleans—as was rumoured some time ago—Carlo of Savoy has some chance of being helped in his difficulties. The proposition, however, is for the Emperor to give 40,000, and the Most Christian King as many; England 30,000, and Portugal 25,000. With what the Venetians and others, including, the Pope, could give, (for the latter intends, poor as he is, to do his duty like the rest,) the sum asked for might, be completed. Has since heard in a confidential manner that the Duke's man is the bearer of two different propositions for the Pope to raise money: one is, that the abbots and priors of France send a procurator to contradict the sentence won by Tarbes, and obtain consent that the churches be elective as before, and not "a preseritatione;" and the other that a tithe be imposed on the French clergy. (Cipher:) This last expedient he (Mai) intends to oppose as much as he can ; for, once the decima or quarta being established in France, they are sure to employ the money, not against tlio Turk or the Lutherans, but to political purposes of their own.
Has been told that the Pope has lately sent to France one of his own chamberlains, called Domenico Centurione. When he left, he said he was going to pass the summer in Genoa. Has written to the Imperial ambassadors, both there and in France, to have him closely watched, and ascertain what he goes thither for.
The Pope has also sent his confessor, a minor observant friar, to the duke of Milan; and though it was stated at the time that he was going to ask for the pardon and liberty of that Visconti who tried once to assassinate the Duke, it is to be presumed that he has also gone for the purpose of removing any suspicions he [the duke Sforza] may have conceived respecting this marriage and the plans of the French.
Letters lately arrived from England, and received by the Pope, state that the king of that country had said [to one of his courtiers ?] "Certainly the Pope does not know what he is about; if he wished, he might play a fair game" This His Holiness said to him (Mai) in confidence, declaring that in his opinion those words had been said in allusion to some new understanding between the two kings. His (Mai's) answer was, "I kiss Your Holiness' feet, but if the game is to be played I fancy I know who will be the winner." The Pope understood what was meant, and nothing more was said about it.
Lucca is perhaps the only city in Italy that has hitherto been preserved from war, yet her people have contrived to get a taste of it by coming to blows one with another, and the Pope says there have been there two great riots. Has not yet heard from Marcilla; when he does he will not fail to report.—Rome, 26th July 1531.
Signed: "Mai."
Addressed: "To the Sacred Majesty the Emperor and King our Sovereign Lord."
Spanish. Original partly in cipher. pp. 4.½
26 July. 1174. The Same to the Same
S.E. Rom. L. 854,
f. 1.
B.M.Add. 28,383,
f.334.
Abstract of the preceding, made by Erasso for the Emperor's inspection, and having besides marginal notes in the handwriting of secretary Idiaquez.
Spanish. Contemporary copy pp. 4½.
22 Aug. 1175. Dr. Ortiz to the Emperor.
S.E Rom. L. 852,
f.151.
B.M.Add. 28.583,
f.351
Has received His Majesty's letter of the 25th ulto. During these holidays nothing is being done in the matrimonial cause of England, but, once over, the proceedings will be resumed with greater vigour.
The ambassador in England sent him (Ortiz) the other day the "Apology" of the Rev. bishop of Rochester (Fisher) in answer to two chapters of the book written in favour of the King. (fn. n6) Has read it carefully, and certainly thanks are due to God for the many virtues and sound learning of its author. who may with reason be called "the true beacon which in these our dark times has enlightened the Church." His answer is so clear, so learned, and so complete in every respect, shewing the true path to justice and reason, that very little can be added to it. To him (Ortiz) in particular it will be of immense value, as it will save him much work. No canonist or lawyer, however ignorant, can fail to profit by the Bishop's arguments for confuting those of the opposite party. (fn. n7)
Expecting, as he (Ortiz) does, soon to dispute the point in public, he considers it unnecessary, nay dangerous, to have his judicial allegation printed until after the dispute is fairly over, for fear of shewing our enemies the nature of his arms, or revealing to them what he purposes saying. Intends, on the contrary, keeping his arguments a secret, like the general who places his troops in ambush, the better to defeat the enemy.
Master Sepulveda, his friend, a man of good and sound doctrine, composed some time ago a treatise in favour of the queen of England, which he gave him to peruse. Read it attentively, and finding that, besides its elegant style, the book is full of doctrine conducive to the clear justice of this cause, induced the author to have it printed, which he has done here at Rome. (fn. n8) —Rome, 22nd August 1531.
Signed: "El Dr. Ortiz."
Addressed: "To the Sacred, Imperial, Catholic Majesty of the Emperor and King, our Lord."
Spanish. Holograph. pp. 2.
31 Aug. 1176. News from Rome
S.E.L. 853, f.8.
B.M.Add.28,583,
f.363.
The bishop of Oserra (Auxerre) has arrived. The first thing he did was to ask an audience from His Holiness, and propose the marriage of his niece [Catherina] to the duke of Orleans.
Went to the Pope, and asked him whether the new French ambassador had said anything about Tarbes' former overtures, and whether he had or had not brought an answer from France. The Pope's answer was that the Bishop had got no more information on the subject than that which he had requested him (Mai) to transmit to the Emperor, namely, that the duke of Albany had said, in allusion to the friendship between him (the Pope) and the king of France, that such a [matrimonial] alliance as the one proposed between his nieec and the duke of Orleans would have a very good effect in Germany. He (bishop Dinteville) said he did not know how things would turn out in those parts. If the lords (siñores) of Germany went on retaining the property of the Church, the kings of France and England would, no doubt, follow their example. For this reason (he said) it would be advisable for the Emperor to come to an understanding with the Lutherans as soon as possible.
Spanish. Original. English abstract by Bergenroth. pp. 6.
31 Oct. 1177. The Emperor's Instructions to Jehan de le Sauch.
B.Arc.Gen.Pap.
d'Et.
Neg. d'Angl. vol. i.
p.30.
Memoir and instruction for Messire Eustache (sic) Chapuys, Doctor in civil and criminal law, Councillor and Master of the Requests to the Emperor, and his present ambassador in ordinary to the king of England, as well as for Messire Jehan de le Schauch (sic), Secretary in ordinary and Comptroller of the seals of His Imperial Majesty, of what they both together will have to represent in His Majesty's name to the king of England or to his Council.
1stly. They will exhibit their credentials, in virtue of which they will remind the King that lately, after the ratification of the treaty of peace made at Cambray, and at the time that Mr. de Rossinboz was conjointly with him [Mr. de le Sauch] sent to England for the purpose of having the said treaty ratified and sworn to by the King, they were charged by the late Archduchess [Margaret of Austria], of blessed memory, the Emperor's aunt, at that time regent and governess of the Low Countries during his absence, to make the following statement: That owing to many abuses that had arisen in the intercourse of trade between the subjects of both countries respectively, and the distribution and sale of the wool at Calais, new imposts and taxes had been introduced, at which the people of the Low Countries complained most bitterly. That it was then agreed that in order to advise the means of doing away with the restrictions of trade, delegates from both countries (England and the Netherlands), duly constituted and empowered to that effect, should meet at such a place as might appear most fitting and convenient, and then and there confer together as to the most effectual means of removing the said obstacles, thus cementing the union between friends and neighbours, and reviving the intercourse of trade. Owing to certain considerations proposed by the members of the King's Privy Council, the appointment did not then take effect; but it was admitted that the whole matter was certainly one of great importance to the subjects of both countries, and that it might be amply discussed and settled at a future time.
And whereas since the arrival of His Imperial Majesty in these provinces deputies from various towns carrying on trade with England, (fn. n9) or from Flemish merchants residing in that kingdom, have complained that every day they are worse treated, (without the King's knowledge, as they presume,) owing firstly to the abuses committed in the distribution of the wools in Calais, and secondly to new duties levied, and other taxes imposed on them, in defiance of the regulation and form of the said intercourse as well as of the letter of the existing treaties; and whereas the said deputies have called upon His Imperial Majesty, requesting him to be pleased to procure the means of obviating the said evils, and indemnifying them for their losses—the more so that the English merchants in this country being most favourably treated—it stands to reason that there ought to be reciprocity of good treatment in England. Besides which, trade being no longer carried on between the two countries on the same footing as before has become greatly detrimental, nay, insupportable to these Low Countries.
The above application having been considered just and reasonable, His Imperial Majesty has resolved to take this matter in hand, adopt such measures and make such representations as are likely to put an end to the aforesaid state of things. Yet, in order to maintain and preserve that amity and good fellowship that ought to exist between neighbours, it has seemed desirable to give the king of England and his Privy Council notice thereof through the Imperial ambassadors in that country, thus avoiding any cause for anger or mistrust which, through misunderstanding, false report, or otherwise, might arise there from, requesting him and them to choose any town on this side of the Channel, and appoint a day, and send thither his delegates and ambassadors furnished with sufficient powers, that they may, together with those of His Majesty, treat, negotiate, redress, moderate, interpret, and provide all things relating to the said intercourse of trade and its dependencies on terms of perfect equality, and according to the treaty of 1520, in which it is expressly said that good faith ought above all things to preside in mercantile transactions. Which treaty of 1520, and subsequent one concluded at Cambray [in 1529]—of both of which copies have been opportunely forwarded to the King's Privy Council — will afford sufficient testimony, foundation, and justification for the step proposed. By this means, too, the King and his Council will acknowledge that the friendship hitherto existing, and which they desire to maintain and preserve between the two countries, can the better be fostered and increased, and the losses sustained by the said merchants repaired.
All proper exertions shall be made by the said Imperial ambassadors to get the above overtures taken into consideration, and the meeting of the delegates fixed at as short a date as possible; of which appointment they will inform his said Majesty as soon as possible, as likewise of the reply made by the King to the aforesaid overtures, that His Majesty may take his measures and act accordingly in so important an affair, and look to the indemnification and welfare of his said countries and subjects, as he is bound to do.
If, however, the ambassadors perceived any difficulty or disinclination on the part of the King and Council to accept the proposal of the said meeting, they will graciously urge upon them that by the treaty of the year 1520, as well as by the subsequent one of 1529, the Emperor did not bind himself to their execution beyond the term of five years, which have already expired ; and that, should the proposed meeting not take place, it will be entirely in His Majesty's faculty, according to the letter of the said treaties, as well as by equity, and the duty and obligation under which he stands towards his own subjects, to devise means of providing for their full indemnity, which he thinks they ought to receive, and which he himself is bound to secure to them. Though His Imperial Majesty wishes above all things the settlement of this particular question voye a lamyable. setting aside all question of right, yet the ambassadors are instructed to make such use of the words and clauses in the said treaties as they may consider necessary or useful to carry their point, in the best and most discreet way, adding, if necessary, such observations of their own as they deem fit and opportune, His Imperial Majesty trusting entirely to their discretion.—Brussels, the last day of October 1531.
Signed: "Charles."
French, Original. pp. 5.
1532
1Mar
1178. The Emperor to the Empress.
S.E.L. 26, f. 179.
B.M.Add.28,585,
f.224.
Since We wrote on the 11th ulto your messenger arrived with letters of the 4th. Very sorry to hear of the loss of Cazaza, and quite approve of the orders sent to the duke of Medina Sidonia, marquises de Comares and Mondejar, to concert plans for recovering that fortress as soon as possible with their own means and forces, inasmuch as the said Cazaza, though in Africa, belongs to the said duke of Medina Sidonia. As, moreover, the town of Melilla is ours, and We give the Duke a certain annual stipend that he may keep it in a state of defence, he is to be told that he must take particular care of it, as well as of Oran, Maçarquivir, and other towns We own on that coast.
Respecting Algiers there is nothing to add to what We said in our last letter; if it can be done We shall be very glad.
Crusade.—Brief for the matrimonial cause of count de Ureña (fn. n10)
Our affairs with His Holiness have, thank God, ended most satisfactorily. The general league for the defence of Italy has been accomplished; for the Council and the matters relating to Faith the required provision has also been made, and We sincerely hope that everything will turn out well. All other private business between His Holiness and ourselves was transacted to the satisfaction of us both, and so We left to-day the 26th of February, and arrived at Modena, whence We shall go to Genoa. We intend, however, to remain in our duchy of Milan until the fleet be ready to put to sea. Hope to sail at the beginning of April.
Our expenses have been so heavy, and so exceed our calculations, that We have been obliged to borrow from Ansaldo Grimaldo 100,000 ducats. Bills of exchange for that sum have been drawn; please have them paid.—Modena, 1st March 1532.
Signed: "Yo el Rey."
Countersigned: "Covos, High Commander."
Spanish. Original. pp. 2.
4 May.
S. E. Port. L. 369,
1179. Lope Hurtado de Mendoza. Imperial Ambassador in Portugal, to the Empress [Isabella].
f. 193.
B. M. Add. 28,584,
f. 287.
Has received letters from the Imperial ambassadors in Genoa and Venice, containing the latest news about the armaments of the Turk and his designs upon Christendom.
The Queen (Katharine), (fn. n11) to whom he [Hurtado] has spoken on the subject, assures him that the King [Dom Manuel], her husband, entertains the best intentions towards the Emperor. Prayers have been said in all the convents of friars and nuns in Portugal for the Emperor's health. (fn. n12)
Told the Privy Councillors that on former occasions whenever the Emperor applied to the king of Portugal for aid and counsel it was willingly offered and accepted. The Emperor had every reason to be satisfied with what his kinsman of Portugal said and did. No league had actually been formed against him, nor had he any reason to distrust the kings of France and England. Now the circumstances are different, and it is to be hoped that the King will shew his friendship for the Emperor not only in words but in deeds also.
Complains of the behaviour of the king of France towards the Emperor.—Setubal, 4th May 1532.
Spanish. Contemporary copy. pp. 3.
16 Oct. 1180. Don Pedro de la Cueva to the High Commander.
S. E. L. 1457,
f. 121.
B. M. Add. 28,585,
f. 139.
I wrote yesterday to Your Lordship from this place, relating that the messengers had arrived, and what they had said and done in compliance with our Emperor's orders and instructions. That despatch was meant for His Majesty's inspection ; the present confidential letter is only intended for Your Lordship. Loquinghien (sic) and Legizamo (Leguiçamo) ought to be severely punished and dismissed from the Imperial service; for, in order to excuse what we wanted to appear a blunder of theirs, they have shewn their instructions to a few confidential friends,—bound, of course, by secrecy, but who, as usual in such cases, have divulged the whole affair. Should these details reach the Pope's ears, as no doubt they will ere long, there is no saying what mischief will be done thereby. Meanwhile, as I mentioned in my other despatch, as soon as the Cardinal [Ippolito de' Medici] read the Emperor's letter he sent for post horses. He was then at dinner; immediately after he mounted and started off on the road to Venice. To judge from the haste he made, I should think that he will shortly reach that city. About the same time Cardinal Ganvaro (Gambara) arrived from the place where I left him, for he did not venture to go beyond [for fear of the Italian mutineers]. He has passed the night here in my lodgings, and intends starting to-morrow, and following cardinal Medici's steps wherever he goes. I have had a long talk with him, and represented the great favours which His Majesty has already conferred, and will in future confer upon him, if he only persists in his purpose of doing service. These being sweet-sounding words for all ears, but especially for Italian ones, the Cardinal opened his eyes, and said, "I certainly go away with the determination of visiting the Legate (Medici); should I find that he has any bad impressions I will certainly do my best to remove them." It was then agreed between us that he (Gambara) should write a letter to cardinal Siguenza (Loaysa), explaining the whole affair, for fear a courier should have started to apprise His Holiness thereof. Gambara promised to do so, and said to me, "I would also write to His Holiness in the terms you desire, but I should prefer that this occurrence never reached His Holiness' ears." I have done my best to impress Gambara with the idea that the Cardinal's general conduct was so blameable that it deserved punishment. "This (I said), his father, the Pope, who loves him beyond measure, or the Emperor, who takes so much to heart everything concerning His Holiness, might have inflicted; (fn. n13) but as the fault, after all, was committed by two private persons not better endowed with reason and judgment than others who were quite innocent, (fn. n14) it was better to drop the matter altogether, and say no more about it." It seemed to me as if Gambara approved of this proposition of mine; he promised to act accordingly, and begged me, when I should be at Rome, to do my best towards a settlement of the Cardinal's pension. I made him great promises as to this last point; (fn. n15) and I fancy that he went away quite edified, if he did not tell a lie, and very happy also at his being out of Germany ; for I do not recollect ever since I have been about the world, having seen a greater poltroon than this Gambara, or one with a larger share of "paura opiata" about his person.—Vilaque (Villach), 16th October 1532.
Signed: "Don Pedro de la Cueva."
Addressed: "To the most Illustrious High Commander of Leon, in his own hands."
Spanish. Holograph. pp. 3.
1181. The high commander [of Leon], Covos, to the Emperor.
S.E. Aleman.
L. 636, f. 126.
B.M. Add. 28,585,
f. 214.
We are all assembled in Council to address the ambassadors of the duke of Savoy (Carlo), and of other princes, according to Your Majesty's orders. Let us know whether it is Your Majesty's pleasure that we speak to those of Mantua before you have conversed with the Duke, or whether we must wait until Your Majesty has spoken, though it seems advisable that Your Majesty see him first, and then send him to us. (fn. n16)
Spanish. Holograph. p. ½.
1182. The Same to the Same.
S. E. Aleman.
L. 636, f. 110.
B. M. Add. 28,585,
f. 213.
As I shall not be able to go to-night where Your Majesty is going, and nothing of what I was to do has been done; as it is, moreover, necessary to dispatch couriers to Spain and Italy, I intend sending on Idiaquez with the most pressing ones for Your Majesty to sign, Idiaquez will also take with him my opinion in the case of the Almirante. (fn. n17)
Spanish. Holograph. p. 1.
1183. The Same to the Same.
S. E. Aleman.
L. 636, f. 100.
B.M. Add. 28,585,
Let him have the "contracartas;" because by taking security, and writing to Spain, we have nothing to fear. If so, write to Spain that the 580,000 ducats of the Duchess (?) if returned, should be sent to me here as soon as possible. Your Majesty heard me say the other day that the King, your brother, had drawn for the 100,000 ducats. We had agreed to give him bills of exchange on the Spanish treasury for that sum, provided the bankers signed "contracartas," and bound themselves not to present the said bills for acceptation and payment until it was ascertained whether Martin de Guzman, who took similar orders to Spain, had or had not received the money. Such was then the resolution taken in Council; but now the King says that the bankers refuse giving the "contracartas," and that he has news from Martin de Salinas, his agent, that since his arrival in Spain he has not advanced one step in the negotiation. What is to be done ?
The Marquis has also written to me. I will answer him as you propose. An agent of the marquis de Cenete has brought me the enclosed letter. I think it would be advisable to answer him that the office of "contador" will not be filled up until Your Majesty's return to Spain.
Please Your Majesty to tell me when the despatches of Castilla and Italy are to be signed, for they will be ready to-night.
Will sign them to-morrow night at the other village, so that they may see that I am gone. Your Majesty did not tell me, when you wrote yesterday whether the codicil to your will was to be signed before your departure, or be put off for another opportunity.
Mr. Anthoune (fn. n18) will take, after dinner, letters for Your Majesty to sign. They are for the queen dowager of Hungary in Flanders in answer to hers, and to announce your departure; also other letters for the kings of England and France.
As I had a sudden attack of rheumatism in the chest last night, I could not speak to Don Luys, who has since returned [thither]. You had better speak to him, and also to the bastard of Foex (Foix), who came here with & similar proposal. Don Luys de Portugal has gone to Your Majesty. I could not see him last night nor to-day, to decide about the men (la gente) that he is to raise. I think the marquis de Prat (Praët ?) might say some words of approval to him, and how satisfied Your Majesty is with his services.
I spoke with Xuarez after reading the Admiral's letters. Seeing what was in them, and hearing the noise in my chest, I got into a passion, and spoke my mind in rather harsh terms, for we have letters and receipts signed by him There is matter enough to make them a good answer, and, therefore, as I will not sign until I reach the other place, it will be better for you to delay answering till we have spoken on the subject. I send you the Admiral's letters. (fn. n19)
Spanish. Holograph. p.½.

Arch Gen. d. Belg.
Pap. d'Et. Neg.
d'Ang. vol. 1.
1184. Instruction to Master Jehan de le Sauch, secretary in ordinary to the Emperor, of what he will have to represent to the king of England with the assistance of the Imperial ambassador in that country.
He (Le Sauch) will say that between the subjects of His Majesty the Emperor, and those of the king of England there was of old, and has been up to the present time, good amity, negociation, and intercourse of trade in all sorts of goods in which one country could help and assist the other, particularly through the maintenance and continuation of the said amity and intercourse.
This notwithstanding, the Queen [dowager] of Hungary, regent and governess for the said Imperial Majesty in these Low Countries, has been informed through some merchants of the said countries that the said King has lately forbidden his subjects, the merchants of the Staple of Calais the distribution, sale, and exportation of wools out of his kingdom among and to the said merchants of the Low Countries and others, against the ancient established custom.
The said Queen cannot persuade herself that the above prohibition can proceed from the King himself, inasmuch as up to the present time there has been no disturbance nor change of the old customs, no impediment nor other causes on the part of these Low Counties to necessitate the above measure; but, on the contrary, English merchants have been allowed to take away from the Low Countries all goods and merchandize, as in former times, without the least molestation.
The merchants of the Low Countries, therefore, have requested the said Queen and Governess to take the necessary steps for the removal of the said prohibitions and impediments, so that they may buy English wools, and carry on their trade as before, without being obliged to procure them elsewhere.
For the above causes the aforesaid Queen requests the king of England to be pleased to order the said prohibition to be removed, so that the mutual barter of merchandize may have its course, and the amity and good understanding of the merchants and subjects of both countries subsist and continue as in old times; and to let the said Queen know his pleasure in this respect. Done, concluded, and advised by the said Majesty on the 12th day of July 1533.
French. Copy. pp. 2½.
1185. The Cardinal of Jaen (Merino) to the High Commander.
S.E.Roma.,L.860,
f. 165.
B.M. Add. 28,585,
f. 337.
Has this very moment heard that a courier from Naples is passing in great haste through this city on his way to Naples. Will, therefore, be unable to write as fully as he might otherwise have wished.
The Emperor's and his Lordship's letters of the 29th ulto were duly received the day before yesterday, Don Diego Ossorio, the bearer, continuing his journey to Naples.
With regard to the contents of the Emperor's letter, he (Merino) has no reply to make, except that he will obey implicitly His Majesty's commands, and no longer speak to His Holiness on such matters. Has strictly followed orders; for since the day on which the Pope himself introduced the subject, he (Merino) has avoided all conversation on it. Must, however, observe that the idea did not come from him, but from the Pope, who was the first to suggest it. (fn. n20) This, notwithstanding, he (Merino) does not hesitate to say, that, should they (the Roman cardinals) fulfil their promise, and take the initiative in the affair, as they have offered to do, the negotiation might be perfectly harmless, especially considering the conditions imposed. Does not think the matter would be a difficult one, (fn. n21) and yet, in obedience to the Emperor's commands, will be silent on the subject.
At present the news is that the day before yesterday an express arrived from England bringing positive orders and mandate from the king of that country to his ambassadors to quit immediately, and with as little ceremony as they are wont to observe in other acts, this Papal court, and return home. The order, as it appears, emanated from the King himself at the very moment that he heard of the sentence pronounced in favour of the Queen; by which act it is quite evident that he (the king of England) wishes not only to divorce his own legitimate wife, but likewise the Church of God. His Holiness having somewhat resented the King's conduct on the occasion, it would be advisable that the first letters from Spain should bring him encouragement and consolation. He (Merino) has done all that was in his power as though of his own accord, remarking that since His Holiness has fulfilled his duty as true and good shepherd, he has nothing to fear, and that even if he were to lose for a time the allegiance of an island, unfruitful for the Holy Apostolic See, he would gain that of other more important kingdoms.
The news, as it is, might perhaps prevent the interview at Nice, because His Holiness has also advices from England that the very moment the King heard of the sentence against him, he sent word to the duke of Norfolk, (fn. n22) who was to be present at the conferences, not to wait for the Pope to arrive, but return home as quickly as possible passing though France.
. . . . . . . . . . . . . . . . . . . . . .
Rome, 14th August 1533
Addressed: "To the most magnificent lord, the High Commander of Leon [Covos], of His Imperial Majesty's Privy Council."
Spanish. Original. pp. 3.
1186. Advices from England.
S. E. Ingl. L. 806,
f. 38.
B. M. Add. 28,586,
f. 30.
Most Illustrious Sir: The king of England has lately sent for the steward of her Most Serene Highness, the Queen, to appear at Court; thus shewing symptoms of repentance and that his anger against her has somewhat subsided, in fact that there is some chance of his restoring her old servants, and replacing her household on the same footing as before. It is even thought that by this time the King has already made some demonstration in that sense.
The cause of this mitigation of the King's anger seems to be no other than the information he has received, and is from time to time receiving, of the negotiation which His Majesty has lately been carrying on with the English ambassador at his Imperial Court, trying to persuade him with good words and prayers (con bone parole et preghiere), that his master is bound to restore the Queen to her royal state and former dignity. There is, indeed, very good hope that the negotiations will be attended with success, at this juncture better than at any other time or in any other way.
It is likewise rumoured that Anna is much disliked (mal voluta) by the English nobility, not only on account of her intolerable pride, but owing to the insolence and bad behaviour of her brothers and relatives throughout the kingdom; and it is further reported that on that very account the King no longer has for her the sort of affection he once used to have.
The King, it is added, is courting another lady, with whom he seems to be very much in love; and many of the English nobility are encouraging and helping him in this his new love that they may entirely alienate him from Anna.
Indorsed: "Memoriale di Inghilterra. News from England, forwarded by count de Cifuentes."
Italian. Original. pp. 1½.

S. E. L. 806, f. 40
1187. Memorandum (fn. n23) of the Imperial Lawyers at Rome respecting the Matrimonial Cause.
B. M. Add. 28, 586,
f. 94.
When the news of the marriage of the King of England to Anne [Boleyn] reached Spain, the Emperor's lawyers had at once to deliberate upon the expediency of having the said Anne included in the Papal sentence. It was then resolved that the suit between Her Highness Queen Katharine and the King, her husband, having reached the point that it now has, it was advisable not to mix up Anne with it, as this would most probably impede the course of justice. The least move on our part, however unimportant, creates a stir both here [at Rome] and in England, and is made an obstacle to the progress of the affair; it, therefore, seemed to us that it was far better not to include Anne in the sentence, for, if mentioned in it, she would undoubtedly have had a right to be heard, and people might say that Her Highness Queen Katharine had of herself created this new impediment in the divorce suit.
The Imperial lawyers were well aware that Anne herself could be no serious obstacle to the determination of the suit still pending between Her Highness Queen Katharine and the King, her husband, inasmuch as her marriage having been effected in direct contravention to the Papal prohibitory briefs, decrees, and inhibition, as well as to a further declaration of the Pope and cardinals in consistory, was decidedly null and void, as appears from the copy of the sentence that Rodrigo Davalos took to Spain; yet, notwithstanding that, it was deemed advisable that Anne should not be mentioned therein. But as the principal affair could not be expedited before the vacations it was again discussed whether the said Anne ought to be cited or not. Some of us were of opinion that she ought, others that she ought not. These last alleged that should Anne be cited she must need appear; and although her marriage is notoriously null, and that of Her Highness the Queen true and legitimate,—the Papal decrees and prohibitions fully proclaiming the validity of the latter and the invalidity of the former,—yet there can be no doubt that all manner of calumniatory exceptions and public disputations will be raised in order to impede the course of justice, as was once practised by the King's excusator (Karne). True, should the said Anne wish to appear nobody could prevent her from so doing, though unsummoned. There is, however, some difference between her appearing of her own accord and for her own interest, and coming at the summons and citation of Her Highness Queen Katharine, because the very moment she is summoned she can legally claim to be heard. (fn. n24)
It was also a matter for the lawyers consideration that as Anne's marriage is completely void and null, and has been declared such in full consistory, she could not legally impede the expedition of the principal cause, inasmuch as the sentence being upon a "notorious fact" perpetrated pending the suit (lite pendente) it tells very much against her though she may not have been cited. No new examination of witnesses, no adduction of proofs is required in her case. Yet the cause being of such importance, should any inconvenience be likely to arise from her being, or from her not being, cited, the Imperial lawyers consider it expedient to consult His Imperial Majesty thereupon, because in such eventualities it is well to be prepared. (fn. n25)
Granting that for the present Anne should not be included in the sentence there is plenty of time to do so, whenever the definitive one is pronounced in favour of the Queen and against the King, for in that case the Queen might easily have Anne summoned before the judges, and the latter would then hear from their mouths that her marriage to king Henry is null and void, and that at no future time can it be made a foundation or pretence for claims of parentage or inheritance whatsoever. The sentence, such as it is, is for the present, and it may be added for ever, quite sufficient; only there remains that slight scruple of saying that Anne never was cited, which scruple, though not juridically based might, in the course of time, and through dynastic changes, prove an obstacle, and therefore is well worthy of consideration at a future time.
There remains still another point which deserves attention; which is that at the intimation of the executory letters in the principal cause, the King might say that he is ready to obey the sentence, whilst Anne will protest that she cannot, and will not, obey it to her own prejudice, for she was never cited nor summoned, and that the King's refusal to appear and defend himself is no reason why she should be despoiled or deprived of her right without first being heard. And though she may be met with the answer that her marriage being notoriously null, the sentence attains her though unsummoned, yet she may still allege that the King never pleaded in his own defence, and that she herself was not summoned, and consequently demand to be heard. These and other specious reasons that might be alleged by the contrary party are well worthy the consideration of the Privy Council, for although every one of them can be victoriously answered, yet they may for some time and "de facto" impede the course of justice. For this reason the Imperial lawyers hesitate to say which of the two means is more expedient, to summon Anne or not to summon her. We earnestly beg for instructions on this point from the Privy Council. Should the Emperor decide in favour of the "summons" let his orders come as soon as possible, that it may be done and time gained. Our opinion is that Anne ought not to be summoned, and that we must go on urging for the determination of the principal case between Her Highness and the King, now that it is at such a favourable point, as appears from the memorandum taken by Rodrigo de Abalos (sic).
Indorsed: "Memorandum relating to the matrimonial cause of the Queen of England."
Spanish. Original. pp. 3.
—Arc. d. Rme. d. 1188. Jean de le Sauch and Eustace Chapuys to the Emperor.
Belg. Pap. d'Et.
Neg. d'Ang.
vol. 1.
The following is the report of Doctor Eustace Chapuys (fn. n26) and myself (Jean de le Sauch) of our doings at the court of England in virtue of our charge, and in compliance with our joint instructions of the 31st October, of which a copy is annexed.
On the receipt of the said instructions and of letters of credence from Your Majesty addressed to the king of England, duke of Nortfort (Norfolk), and High Chancellor (Sir Thomas Audeley), which happened to be on the last day of October of this present year 1532, I, Jean de le Sauch, left your town of Brussels to begin my journey to England, and then continue my duty in the greatest haste possible; but, owing to variable weather and contrary winds, I could not embark at Calais for Dover before the 12th of November, having arrived in London on the 14th before dinner, (fn. n27) and alighted at the house of your ambassador, to whom I presented Your Majesty's letters [of credence]. When he had perused them, both of us passed the rest of the day examining the instructions whereof I was the bearer, addressed to us both, as well as the copies of the commercial treaties between Your Majesty and the king of England, of the years '15, '16, and '20, alluded to in them.
After due inspection of which documents and papers, the day after, being the 15th of November, both of us sent a message to the duke of Norfolk at Court, and to the King at Greenwich, to announce my arrival in town, begging him to inform the King thereof, and ascertain when it would be his pleasure that we both should repair to Court. Upon which the Duke sent us word that the King would see us next day.
On the 16th, therefore, Maistre Chapuys and I (Le Sauch) went to Greenwich, and called first on the duke [of Norfolk]; to whom I (De le Sauch) presented Your Majesty's letters of credence, whilst your ambassador shewed him a copy of Your Majesty's instructions minus the last article of them. The Duke said that he was going to the King's chamber, and would let us know at what hour he would receive us.
On his return from the King, which was some time before the dinner hour, the Duke came and said that, owing to a sudden catarrh and toothache which had seized him, the King could not receive us till after his dinner.
We both dined with the Duke, who afterwards went into the King's chamber again, came out very soon, and took us in. When we entered, the King was standing by a window. He received us very affably, and after asking news of Your Majesty, and where you were at my departure from Brussels, as likewise of the Queen, your sister, I (Le Sauch) replied to his questions and although my colleague and I saw plainly that it was no feigned indisposition, (fn. n28) but that he was really suffering at the time, he took Your Majesty's letter, which I (Le Sauch) put into his hands, read them, and said, "These, as you must know, are letters of credence in your favour. I am ready to listen to what you have to say." Upon which Your Majesty's resident ambassador (Eustace Chapuys) proceeded to state our common charge according to the letter of our instructions, though suppressing, as above stated, the last article of them. (fn. n29)
The King then replied. "That he was well aware, and indeed recollected the substance of the existing commercial treaties alluded to, which had long before been renewed, and were to be renewed every five years. Nevertheless, as he was not very sure of that, and did not trust entirely to his memory, he would give orders to his Privy Council to send for the said treaties, examine them carefully, and make a report, so that he might give us a speedy answer."
Upon which I (Le Sauch) begged and entreated the King to have the thing done as soon as possible that I might immediately return to Your Majesty with the answer. And he said that so he would, and that before many days had elapsed he would again send for us.
This took place on the following day. Saturday the 18th, the duke of Norfolk sent us word that the King would receive us next day at Greenewis (Greenwich). We went thither on the 19th, and arrived about 10 in the morning, being met at the outer gate (à la porte de la Court), by two gentlemen, one of whom was Robert de Wingfield, who conducted us to a great hall, which we found full of courtiers waiting for the King to pass through in order to go to mass, and who in the meantime entered into conversation with us.
The King came out of his apartments, followed by the High Chancellor, who had been expressly summoned to Greenwich that he might hear what we had to say. Addressing himself to us, the King said that he had issued orders for his Privy Council to meet whilst he was at mass, and listen to what we had to represent in virtue of our instructions; for as neither the Chancellor nor any other of the Privy Councillors had been present when we exhibited our credentials, and summarily exposed our charge, he wished us to repeat to them what we had previously said to him, that they might hear it, and form their judgment.
The King traversed the room, and went into the chapel accompanied by all of us. No sooner had he taken his seat than the duke of Norfolk and the earl of Wilshee (Wiltshire) took each of us by the arm, and conducted us to a room that had been prepared for the Council, and made us sit down, they themselves sitting according to their rank and precedence. The duke of Norfolk then addressed us, and said: "Messieurs the ambassadors, you have heard what the King said on his going to mass; please then explain your commission." Upon which Your Majesty's resident ambassador proceeded to repeat in Latin the very same words of his credence and instructions which he had formerly stated to the King. The members of the Privy Council there present were—
Monseigneur the duke of Nortfort (Norfolk):
Monseigneur the Chancellor (Sir Thomas Audeley):
Monseigneur the earl of Wilsheere (Wiltshire):
Monseigneur de Wincestre (Winchester):
Monseigneur the Treasurer of the Household Feu William (Fitz William):
Monseigneur the Comptroller of the Household, the sieur de Guilford:
Messire Robert de Wingfeld.
Our letters of credence having been delivered by Chapuys, the Chancellor himself translated them into English, and read to his colleagues. After debating the question in our very presence, without allowing us to go out of the room, or the councillors themselves retiring into a recess according to custom, the Chancellor proceeded to say, in the name of his colleagues, and in Latin, that the King, his master, and they themselves, wondered much in what our complaint had originated; for there was, he said, no cause whatever for it thereby meaning that there was no necessity for delegates of both nations to meet, nor to fix a day for such meeting.
Your Majesty's resident ambassador then replied in Latin, and alleged several reasons to prove that it was more than necessary, nay indispensable, to hold a meeting for the purpose of correcting the abuses lately introduced in the intercourse of trade, of amending many things that were in bad order, and of interpreting matters conveniently for the benefit of both nations; otherwise (the ambassador said) matters would fall into confusion. He added that Your Majesty was very desirous of obviating this by fair and equitable means, if they (the councillors) would only agree and help thereto. All the reasons and allegations thus brought forward on both sides my colleague has carefully put down in writing, and keeps them by him, so that he may, if necessary, refer to them when wanted. In short, as it was getting late, and the King had already returned from mass, the assembly dissolved for that day without coming to a decision, except that the duke [of Norfolk] said he himself would go to the King and report.
After dinner the councillors went into the King's chamber, and after some time came out and approached the place where they had left us, close to one of the hall windows, where the Chancellor began to repeat the very same arguments he had brought forward before our sitting down to dinner; namely, that the King and all his Privy Councillors could not help feeling astonishment at our pursuit, for certainly if there were merchants who misused their privileges and acted contrary to the established treaties, whether in the bartering of wools or any other article—to whatever nationality they might belong, English or Flemish—amendment and correction could easily be made. After which he (the Chancellor) requested us to declare particularly the points and articles of which the proposed meeting was to treat, in order that the King, their master, might know what the English delegates were to go to Flanders for, and furnish them with proper powers. The meeting of delegates (said he) could not otherwise take place, for it was not to be supposed that the Privy Council or any other [in England] could possibly advise the King to send commissioners, and give them full powers to treat, without specifying the points or articles that were to be discussed.
The ambassador's reply to this was that his charge and mine was not to declare particularly the grounds of complaint our merchants might have, inasmuch as, should the meeting take place at all, it would most probably be held in some town of your own dominions, where your subjects, who so loudly complain of their losses, might be heard according to an article of the treaty of the year 1520; the wording of which is, "If any merchant or trader has cause for complaint, he will be heard at a convenient place." Since your own subjects were the plaintiffs in this case, it stood to reason that the conferences should be held in a town of your own dominions.
Here Monseigneur de Wincestre (Stephen Gardyner) interrupted, alleging several reasons of right, which were triumphantly refuted by the ambassador. (fn. n30) At last, after a very long debate, and much disputing between the said Bishop and Your Majesty's ambassador, the Duke [of Norfolk], wishing to put a stop to the arguments on both sides, said that the King, his master, was a just and reasonable prince, and had never refused his consent to things that were just and reasonable; that we, the Emperor's ambassadors, should not have occasion hereafter to say that he wished to escape from reason, now that it was in his hand to have matters fairly (par voye amyable) conducted. After that he asked us, "Should the King, my master, consent to the conferences taking place, when and where is it the Emperor's intention that they should be held?" Our reply was, that Your Majesty wished for the appointment to be made as soon as possible, even before next Christmas, and before your departure from Flanders to go to North Germany (pour thirer en hault es Allemaingnes), and that you wished very much to hear the result of the said conferences on business of such importance. With regard to the place of meeting, we, for the reasons explained in our credentials, designated the town of Bruges.
One of the councillors then observed that the treaty of the year 1506, at which king Philip (whom may God forgive!) was present, and that of 1520 in the lifetime of Your Majesty, had both been signed at Ostend. We answered that they knew very well the cause of that, and begged them to be satisfied with our answer; and yet the Duke observed that king Philip, and all his train who had come over to England, had been as well received as any prince ever was. The same (he added) might be said of Your Imperial Majesty on the two occasions that you had landed on these shores.
Considering that all those who were there present knew as little of those old times, and perhaps less than ourselves, we answered them in the following words: "It was very true that king Philip witnessed the signature of the treaty to which they alluded, but they ought to have regard to the time and circumstances thereof. The same could not be said of Your Majesty, for the continuation of the treaty was agreed to by your ambassadors before your coming to this kingdom of England, and at the time that your interview with this king was planned. And that, since the truth must be told, they ought to know that king Philip would never have come to England in the manner he did, nor Your Majesty chosen to land here on your return to Spain, thus shewing the great trust placed in the King, your uncle [had you known what was to happen]. They might know and believe that there was no question of that nowadays; for, had such been the case, other measures might have been taken for the redress of the wrongs of which merchants complained."
These last words of ours seemed to touch the Duke to the quick; for he began to say, (tout hors de pourpolz), that the King, his master, had on many occasions acted like a kind friend towards Your Majesty, and helped you with money and men, for which money and favours he (the King) had not yet been repaid. Whereupon I (Le Sauch) said that the king of England had nowadays no claim whatsoever on Your Majesty, for I myself was present as one of your commissioners when all the obligations which the King held from you, and from many of your vassals, for sums of money advanced by him, had been taken up, the King having given his receipt and discharge in full, and declared that he had heen repaid all his advances. If the King (I said) was pleased to lend his money in another quarter, and was not repaid, that was no fault of Your Majesty's. (fn. n31)
At last the Duke agreed to the appointment of delegates. Then the question arose as to the time when, and place of meeting; they (the councillors) maintaining that it could not possibly take place before March;—alleging, among other reasons, that before Christmas it was entirely out of the question, for those whom the King intended to depute and appoint were at a great distance from London, and could not possibly be ready; besides which, they were members of Parliament, and had gone, with the King's leave, to attend to their own private and most urgent affairs. The King, moreover, intended making use of those very members at this next Parliament, which he intends to summon immediately after the Epiphany. The persons to be appointed by the King were the bishop of Durham (Tunstall), Dr. Kenicht (William Knighte), and the Chancellor (Sir Thomas Audeley), owing principally to their having assisted in the making of other treaties.
Our answer was that the King had plenty of other members of Parliament on whom he could count, and who could easily go instead of the above-named; otherwise the fixing of so late a season for the meeting might look as a pretext for not holding it before Your Majesty's departure from the Low Countries. They replied that it could not be as we wished, for the King had already decided and sent his orders that it should be as they stated. We, however, insisted upon the necessity of having the meeting as soon after next Christmas as possible. But all our efforts were in vain; they would not agree to this, and proposed instead the 1st of March. In order to gain one step; and go on with the negociation, we consented.
Then came the question whether the town of Bruges, which we proposed, should be accepted or not. On this point there was a longer and warmer debate than there had been with regard to the day; for the councillors would nowise consent to the meeting being held elsewhere than in London or Calais, saying that the distance between those two towns is greater than that between this coast and the Netherlands, in addition to the more perilous navigation and crossing of the Channel, which ought to be taken into consideration. (fn. n32) Our reply was a fit one, and yet there was no chance of their coming to an agreement with us. They proposed that it should be in a neutral town, such as Ardres or Boulloingne (Boulogne), both belonging to the king of France, Your Majesty's brother-in-law. But we said that either of those towns might have been acceptable to us, as being unsuspicious to either of the parties, were it not that one of the articles in the treaty stipulated that the meeting should be held in a town convenient for Your Majesty's subjects;—which was not the case with Ardres or Boulogne. Their reply was that to send English deputies to a town within Your Majesty's dominions was equivalent in some measure to reducing the power and jurisdiction of their King. We said, "There is no question here of pronouncing sentences, or promulgating ordinances; (fn. n33) for there is no process; it is only a case of holding conferences in order to remove present difficulties, and prevent the arising of others. If that was intended as an evasion, Your Majesty (we said) had much better reasons not to accept Calais, since the two last meetings had been held, one in that town and the other in London. For the very same reason the meeting could not be held in Your Majesty's dominions, for if the king of England did not consider himself bound to send his deputies to the towns of the Low Countries, no more were you obliged to send yours to England." Nevertheless, and in order to bring this affair to a conclusion, I, Le Sauch, went so far as to offer them that if they considered Bruges too far off, they might take Nyeuport (Neuport), and if that was again too distant, Dunquerke (Dunkerke). Had Gravelinghes (Gravelines) been a town fit for the reception of so many honourable gentlemen as are likely to attend the conferences on both sides, I should not have hesitated to propose it. Neither my colleague nor I had any difficulty in making this change, which we thought would have been accepted at once; but, strange to say, the councillors would not agree, and said that they were going in to the King and would return to us as soon as posible.
After nearly three hours they all returned, and the Duke said to us, "Messieurs, we have already acquainted you with the King's resolution, which seems to him and to us quite reasonable, and one not to be refused by you. Should it not be approved, you, Le Sauch, may return here on Tuesday to take leave of the King, for he intends leaving for Hanton Court (Hampton) on Wednesday." This we accepted, protesting, however, that we could not do more than act according to our instructions.
On Tuesday, the 21st of November, Chapuys and I returned to Greenwich, but not a word was spoken to us before dinner. When this was over, the duke of Norfolk, the earl of Wilsheer (Wiltshire), Mons. de Vincestre (the bishop of Winchester), Feu William (Fitzwilliam), and De Guilfort caused all who were in the room to withdraw, and made us sit down. Then the Duke said, "We have spoken with the King, and told him our last resolution. He approves of the day that has been fixed, as well as of Calais for the place of meeting, and, in case of that not being accepted, Ardres or Boulogne. If you accept these terms, which appear to us reasonable enough, well and good; otherwise the meeting you propose shall not take place."
Our answer was that we could not accept them without outstripping the limits of our instructions. Upon which the Duke retorted, "I have no doubt that when the Emperor knows our terms he will accept them." Our reply was, "The Emperor, our master, will do as he pleases; but we should not be his faithful servants, and do our duty towards him, were we to exceed our commission, and thus place ourselves in the wrong. After which I, Le Sauch, added: "For my part, and as far as I myself am concerned, I shall be very glad to take leave of the King, and declare to him a few more articles of our joint instructions."
Upon which the Duke looked round as if consulting his colleagues, and said, "How is it? have you anything more to add to what you have just said to us?" "Yes, we have," said I. "These are very strange ways of proceeding indeed retorted the Duke, and very different from what I expected, for it seems to me as if you had been waiting for an opportunity to catch me unawares." Perceiving, however, the Duke's displeasure, I said to him, "Monseigneur, I have nothing to say to the King which is likely to displease him."
The Duke then said, "If you, Le Sauch, choose to declare to us here what it is, there is not one among us who is not perfectly prepared to help thereto, provided the thing be according to reason." Upon which I explained to him as briefly as possible the contents of the last article of our joint instructions, which my colleague Chapuys had adroitly suppressed in the copy. Hearing which the Duke said, "Very well, the King will give you a fit answer; but I may perhaps in the meantime suggest to you an expedient which I have just thought of. Should you not accept it, you will be in the wrong, for I see no other way of reconciling our different opinions on that score. It is respecting the place of meeting. The King will accept Gravelinghes, provided, after two or three conferences in that town, as many will be held at Calais." Our answer was, that even that we, the Imperial ambassadors, had no power to accept; and that we thought the demand unreasonable, because the expedient would lead to much extra work on the part of the delegates or commissioners, and consequent loss of time.
This objection of ours the councillors met by saying, "Your delegates and ours will be most glad to quit Gravelinghes, a town where very little accommodation is to be found (un mesgre lieu), to come to another more pleasant and better provided (pour venir en ung gras), where they will be better entertained."
At last, perceiving that we could not agree, they all got up, and said they were going to the King to ascertain whether he could see us or not. Soon after, the above-mentioned duke of Norfolk and the earl of Wiltshire returned, and conducted us both to the King's presence, who, as before, was standing by one of the windows in his chamber. After the usual salutation he addressed us in the following words: "Messieurs, I have been apprized of all the arguments and reasons you have made use of to my Privy Councillors respecting the charge which you, Le Sauch, have brought to this country. In order to shew you how willing I and my councillors are to act justly, and proceed par voie amyable in this affair, a most reasonable offer has been made to you, which you have refused to accept." Upon which Your Majesty's ambassador (Chapuys) retorted, "Had it been in our power, we would certainly have accepted without much difficulty, but we could not exceed our instructions. Yet, that our non-acceptance of the terms proposed may not be the cause of a rupture, we will submit the case to the Emperor, our master, and wait until his pleasure be known. My colleague, Le Sauch, will go back to Flanders, and from there inform the Emperor that he may let me (Chapuys) know his wishes."
After which words pronounced by the Imperial resident ambassador, I, Le Sauch, added: "Although nothing has been settled on this point, I consider it my duty to say that there is an article in our joint reserved instructions, the substance of which is, "Were you to meet with any difficulty touching the acceptation of the meeting itself, or the places proposed for it, you, the ambassadors, are instructed to signify to the King or to his ministers, that by the letter of the treaty of the year XX, and by the subsequent one [of 15 ..] His Imperial Majesty bound himself to the observance of the rules therein prescribed for the intercourse of trade only for the term of five years, which term has already expired; and that, should the appointment of delegates and place of meeting not be made, the Emperor will consider himself entitled equitably, and according to the letter of the said treaty, as well as by duty bound towards his subjects, to advise, counsel, and take such measures as may seem most convenient and advantageous for himself and his said subjects, although in all such matters the ways of peace are always preferable."
To this the King replied, "I myself have no desire that this affair should be treated otherwise than by ways of peace. That such was my purpose I have shewn by making what seem to me most reasonable offers. I should like all the princes and crowned heads in the world to hear my reasons I have no doubt they would all say that I am in the right."
He then asked us, "How or by what means does your Emperor assume to settle this affair?" Our answer was, "Sire, as equity and reason demand, and as our Imperial master and his Privy Council shall advise for the best." "Should he act against the letter of the treaties," retorted the King,"I shall consider that he has infringed them, and according as he may act I shall shape my conduct towards him."
Our answer was that he (the King) would never find Your Majesty in fault with regard to treaties, nor inclined to dea towards him and his subjects save with love and affection, if only an opportunity were given to you; and we ended by entreating him, that, for the sake of that love and affection, which he said he professed to Your Majesty, he should bear in mind that the two last conferences held on the subject of the said commercial treaties had been one in London, the other in Calais, and that in order to proceed on equal terms he ought to agree to Gravelinghes, or any other town in the Low Countries.
I reminded him that the sieur de Rosinboz and I (Le Sauch) had been two years previously charged by Madame [Margaret] to solicit and bring about the very same meeting which was now proposed, but that nothing had been settled, and the whole affair lagged, to the great prejudice of Your Majesty's subjects.
"With regard to the first point," said the King, "though it be true that the two last conferences on mercantile affairs took place respectively at London and Calais, it is also true that it was not at my solicitation. Respecting the second, I recollect very well that the sieur de Rosinboz said something to me and to my Privy Council about it; but that ambassador was not sent expressly on such a commission, but merely for the ratification of the treaty of Cambray, which was a special and separate treaty, whereas the other was but an incident. As to the third point, it would be necessary to hear also the complaints of our merchants, if they have any to make."
Our answer was, "We hope they have none; and the truth of the matter is, that English merchants are better and more favourably treated in the Low Countries than our own are in England."
"I do not wonder at it," retorted the King, "for your countrymen cannot do without English goods." "Sire," I observed, "I am unwilling to dispute or debate with you, but had one of my equals made such an assertion in my presence I could easily shew him that the contrary is the case."
"Well, then, we shall see. But I have cause to complain of you, and declare that you do not observe treaties, for although it is stipulated in them that if a criminal (malfacteur) run away from one country to the other, and his extradition be asked, the criminal ought to be given up, yet this has not been done with regard to certain subjects of mine infected by Lutheranism and printers of [heretical] books, who are now quietly residing at Antwerp, though they have been often claimed by me; and yet not only has not my demand been complied with, but the said criminals are allowed to remain in the town of Antwerp without punishment. Therefore, it is no wonder if the English living in the Low Countries do not complain of bad treatment. I myself have acted differently towards certain Frenchmen who were found in this my kingdom to be infected with the said heresy, and whom king Francis desired me to send over to him, for I actually had them seized and transported to France."
Chapuys replied that the existing treaties did not impose upon Your Majesty or him (the King) the obligation of surrendering people of that class and condition, only criminals of all sorts, excepting those charged with the crime of lese Majesty divine, and heretics against Faith, the correction or punishment of which crimes appertained to those who held them in their power. In proof whereof Chapuys went on alleging many reasons contained in books of Common Law, whilst the King maintained the contrary. Then I, Le Sauch, said, "Sire, if we have done so, we have only followed your example." "How is that?" replied the King; I will tell you, said I, "only a few years ago it happened that a Spaniard of Antwerp, having conceived great enmity against another Spaniard, paid some men of bad character (maulvais garnemens) to have him assassinated, which they deliberately did in plain day-light, at the hour of noon, at the spot called la Waghe. (fn. n34) And the Spaniard, knowing very well the day and hour in which the assassination was to take place, had a boat prepared at a certain place of the river, (fn. n35) and, when he heard of it, escaped and went to Calais, where he was some time walking the streets and markets. Which fact coming to the ears of the Lady Margaret (whom may God forgive!) she wrote to your officers at Calais to have the Spaniard arrested and sent to the frontier of Flanders, according to the treaties; but the authorities at Calais would nowise comply with Madame's request, saying they would report to you. Whether they have done so or not, is more than I can say, but all I know is that the Spaniard was allowed to go elsewhere, and nothing more was heard of him." (fn. n36) The King excused himself by saying that he had not heard of the case before, and that if he only had known who were the officers of Calais at the time this happened, and it had been proved that they had really misbehaved themselves, he would certainly have punished them. After which begging me, Le Sauch, to present to Your Imperial Majesty and to the queen [of Hungary] his kindest and most affectionate regards, he cordially shook hands with me, and bade me adieu. (fn. n37)
Such is, Sire, the summary but true account of our doings in fulfilment of our joint commission. We beg Your Majesty to approve and sanction what has hitherto been done, take resolution on the whole, and instruct your resident ambassador here as to what he is to do and say in future. And should this king's proposition as to the place and time of the meeting be accepted, be pleased to appoint the commissioners who are to go to Gravelinghes or elsewhere as representatives of the merchants of the Low Countries, that there may be sufficient time to acquaint this king with your resolution, and be prepared with all treaties, or copies of them, as also with ample memoirs and instructions from Your Imperial Majesty and your own subjects in the Low Countries and elsewhere, that they, and especially those who have already complained of losses sustained in their trade, may be informed of the day and place of meeting, and keep themselves in readiness to attend or send thither deputies to represent them, and state in their name the causes and reasons of their complaints. Also that the deputies themselves may be informed of the time and hour of the meeting, that they may be amply and well prepared for their task.—Done in London, the . . . December, ao XXXII., being the report of Maistre Eustasse (sic) Chappuys, ambassador [in ordinary] to the king of England, and of me [Jean de Le Sauch], on the … of December ao XXXII.
French. Contemporary copy. pp. 2.
1189. The Emperor's Instructions to the Commissaries at Bourbourg.
Arch.Gen.de Belg.
Pap. d'Etat;
Neg. d'Ang.
Vol. 1, p.49.
Instructions to the Commissaries of what they will have to propose and assert on behalf of the most Sacred and Imperial Majesty, the Duke of Brabant, count of Flanders, of Holland, &c., at the conferences to be held with the English deputies in the town of Bourbourg.
They will present the letters of credence, which the queen dowager of Hungary, the Emperor's sister, at this time regent and governess for him in these Low Countries, will cause to be delivered to them. The commissioners will inspect the powers and mandate brought by the English deputies, and, if required, exhibit also their own. They will set forth, in virtue of their credentials: that much dispute and contention has lately arisen between the subjects of His Imperial Majesty in these Low Countries and those of the king of England, uncle of the said Imperial Majesty, respecting the intercourse of trade, right of "tonlieu," (fn. n38) and mutual traffic (hantise) of their subjects respectively.
To provide for which, in some measure, various temporary agreements and conventions have from time to time been concluded, confirmed, and ratified between the said Majesty (the Emperor) and the king of England and their predecessors.
That more recently His Imperial Majesty, after his coronation and journey to Italy, being in these Low Countries, many and various were the complaints addressed to him by the merchants of the said Low Countries, his subjects, representing the great loss and irreparable damage they had sustained in former times, and have now to sustain, in the intercourse of trade.
That His Imperial Majesty, having listened to and fully comprehended the nature of such complaints made by his subjects, has, by the advice and after fresh deliberation of the princes of his blood, knights of the Order [of the Golden Fleece], members of his Councils, (fn. n39) and others, caused the said treaties to be carefully examined, and a report made of the use and abuse of commercial intercourse, as prescribed in the said treaties, as well as of his own "droit de tonlieu" in Zeeland and Brabant, besides an estimation of the damage which his subjects have to sustain on that account.
That His Majesty, having been duly informed on the above-mentioned points, as well as on the ruin and destruction apparently threatening his Flemish subjects, on the injury to his own rights, royal authority and pre-eminences, has found after the whole matter was duly considered and examined by the said princes of the blood, knights of the Order, councillors and others, that he can no longer disregard the expressions of his subjects, and that, for honour's sake and the preservation of Imperial authority, he is bound to provide for the said wants and against the apparent ruin of his vassals, as well as for the general welfare of the inhabitants of these Low Countries.
That although His Imperial Majesty might easily of his own authority, as an independent prince not acknowledging a superior, have obviated, by means of statutes, edicts, ordinances, interdictions, and prohibitions, the apparent ruin of his subjects in these Low Countries, and on the contrary fostered and increased, by means of good commercial treaties, the mutual communication and traffic (hantise) in his dominions, (fn. n40) both here and in Spain, that one nation may help the other in wools, and in the negotiation and barter of articles of first necessity, as His Majesty is bound to do:
Yet, before attempting any of the aforesaid ways and means that might seem fit for the purpose, His Majesty has been pleased to warn the king of England, his uncle and cousin, thereof, that he may, through the good fellowship, the mutual "hantise," intercourse, friendship, and confederation which have always existed between their two Majesties, their predecessors, and their respective subjects, and which should be preserved throughout all ages, take measures that equality and good order be established on both sides, so that the said abuses may be corrected, the sale and interchange of merchandize regulated, and traffic (hantise) be entirely free for the subjects of both nations, without the merchants of one country being subjected to the payment of taxes, and other undue treatment (et indues manieres de faire)
For these reasons His Imperial Majesty requested the said King to be pleased to send here his commissioners and deputies to remove the above-mentioned difficulties and conciliate interests; the said king having acquiesced and fixed a time for his deputies to be at the town of Bourbourg, that is, on the 1st of March next.
There will also be present the above-named commissioners appointed to that effect by His Majesty in order to remonstrate against the oppression above complained of, and against any other charges which those of our merchants going thither may bring forward or which may result from the inquiries made, or from the papers which shall be put into their hands; and after hearing the answer of the English deputies, they will proceed in conciliatory terms and with mutual understanding to establish the bases of a fresh treaty of commerce that may supply the deficiencies of the former.
Which neither the king of England nor his deputies can refuse, inasmuch as in the last treaty of commerce of the year 1520 it is positively stated and declared that the intercourse of trade determined by it shall cease as soon as another new treaty be made, or a certain pretended one of the year 1506 be confirmed and ratified
The aforesaid [Imperial] commissioners shall also declare to the English ambassadors or deputies that His Majesty cannot possibly confirm the said pretended treaty, for many reasons:—
Firstly, because the treaty was never accepted as one of commerce and intercourse, was never considered as such, and remained totally unobserved:
Secondly, that even if the said treaty of the year 1506 had been accepted and in use, it would by subsequent treaties have been annulled and practically abandoned:
Thirdly, that even if it had had any appearance of validity, that would have ceased in consequence of the decease of king Don Philip of Castille, of very glorious memory, and Henry [VII.] of England:
And finally, because, whatever may be said to the contrary, the pretended treaty, which was no treaty at all, was never confirmed and ratified by the said two princes, as it had been agreed and arranged between them.
Even supposing the said treaty of 1506 to be valid, which it is not, it could by denunciations, and through the non-observance of certain rules and solemnities therein specified, be completely or in part annulled, and its clauses replaced by statutes and edicts.
The better to induce the King or his deputies to make a fresh treaty, the Imperial commissioners will shew that the English themselves have observed none of the articles contained in former ones regulating the intercourse of trade.
For, in the first place, whereas it was established that the merchants of these Low Countries could sell their own goods in England, and purchase those they might want, by merely paying the amount of toll, which they had been in the habit of paying for the last 50 years after the date of the treaty of 1495, to which all subsequent treaties refer:
The old right of "tonlieu" consisting in three deniers on each pound weight, now, through fresh taxes, imposed as subsidy, "stannage," right of conquest, and others, the merchant of the Low Countries has to pay 23 grossen for each pound weight, according to the estimation which the clerks of the "tonlieu" make at pleasure, without having regard to the value of the goods, which in reality is only worth about a ninth part of the charge. (fn. n41)
Secondly, the merchant of these parts is obliged to make his purchases in England, owing to his inability to acquit them in specie, for if he does he must pay similar taxes, (fn. n42) so much so that for one pound weight he has to pay about one fifth.
Besides, the same merchant cannot buy or barter merchandize in the city of London, except from another merchant who happens to be a denizen (franc bourgeois) of that city; and if our men take provisions or articles of food thither they are obliged to sell them at the price which the Lord Mayor of the City chooses to fix, and be contented that the money he has to receive as price of his merchandize pass through the hands of one of the Lord Mayor's officers, who keeps it in his possession until the whole of the goods is disposed of. And, moreover, if our merchants happen to have their goods in a Flemish vessel, they are not allowed to unload them in London, as they were wont to do in old times, but must transfer them to English ships, for which they are bound to pay heavy duties which are quite unnecessary.
Besides, the English impose double duties for the registering of herrings, salt-fish, (fn. n43) and other similar articles, which duties have been established since the publication of the last commercial treaty, in addition to many more imposed during the last seven or eight years.
The Emperor, on the contrary, as count of Holland and Zeeland, is entitled to demand, as right of "tonlieu" in the latter country, 5% on all goods, which 5% by the treaty concluded with the said king of England he has since reduced to 1%; besides which, he has since been in possession of a right, which he has used, of one florin of gold for each piece of cloth. (fn. n44)
And yet at present, for each bale of cloth coming from England, reckoned at three "carstes" the piece, if unladen in Zeeland or at Berghes, only one "patart" is levied for duty, and if unladen elsewhere than in Brabant, only one "gross," which constitutes a very tangible difference from what is practised in England respecting our merchandize.
Moreover, by the treaty of commerce and its modification in 1522, it was expressly agreed that the duty on the wools of the Calais Staple and of the "veaures" should in future be reduced by one gross sterling on each "sarpelière," (fn. n45) and yet the English have contravened this stipulation, and continued to ask the same price for them, so much so that the King now levies on the said wools very heavy taxes, namely, on each "sarpelière" 44 or 45 caroli of gold, whether the wool be of the first or second quality, so that the clothiers of the Low Countries cannot possibly use them for the manufacture of cloth.
In the purchase of the said wools so many tricks (tromperies) are practised that very often the merchant, who buys to import and sell in this country, is obliged to lose three or four pounds of "gross" sterling on each "sarpelière" as indemnity for damage to the purchaser, the deficiency being caused by their not being able to inspect the said wools at pleasure, nor be present when they are re-packed.
Besides the griefs above-mentioned, there is another of which our merchants complain, which is, that although the English cannot make statutes and ordinances for the purchase of merchandize in these Low Countries, yet it is notorious that in contravention of the said treaty they have made one forbidding any of their own merchants, who frequent the fairs of Berghes, to attend those held at Anvers, and purchase merchandize thereat.
The Commissioners are to take particular care to mention other abuses and contraventions likely to interfere with the claims of our merchants, and will visit to that end all and each of the trades or guilds by means of the papers they have already, or may receive hereafter, that they may act and negotiate according to what the merchants who will go to Bourbourg may have to tell them.
And, for the causes and reasons above stated, they will absolutely insist on entering into communication with the English deputies so as to reform the said commercial treaty or make a new one.
In accomplishing the above the Commissioners will take care that order be put in the excessive duties imposed in England as "droit de tonlieu," so as to equalize those that our merchants will have to pay in that country with those that the English pay in Flanders, &c., excepting perhaps that of three "grossen" for each pound, the same as the Oisterlins (Easterlings), the people of Couloigne (Kohl), Dinan (Dinant), and other towns of the Hanze (Hansetowns), without being subjected (fn. n46) to the rights of subsidy, scannage, and other imposts.
The Commissioners will see that free access and complete liberty be granted to our merchants to land their goods anywhere in England, sell and barter the same to whomsoever they may please, without being further subject to the payment of taxes, dues, &c., or obliged to transship their merchandize.
They will also see that the "tonlieu" and anchorage duties belonging to the Emperor be increased and augmented proportionately so as to equal those of England.
And they will also take care that the export duties on the wools be diminished, as well as the price thereof, so as to fairly meet all interests.
Generally speaking, they will contrive that both the price of wool and the export duties be so reduced, and the English manufactured cloths so heavily taxed, either in England or by "tonlieu" duties in this country, that our merchants may be able to sell their own cheaper, or at least as cheap as the English.
The Commissioners will likewise pay attention to the manners and ways of dealing of the English in these Low Countries, as well as to the statutes, penalties, and corrections which they themselves have established in selling their goods.
And, should the English complain of the statutes and ordinances forbidding the importation in these countries of their woollen goods, they are to be told in answer that the towns of Flanders and the Low Countries have the power of making such statutes and ordinances for their common weal (pour leur pollice), and the Emperor are in the habit of doing so without informing His Imperial Majesty thereof; and that in order to keep his subjects contented has found the means of preparing this meeting that the English may not be too ambitious (interessez), and his own subjects may get what belongs to them by right.
On each of the above points, or others which may perchance offer some difficulty, the Commissioners are requested, whenever the negotiations begin, and the matter requires it, to write to the Queen Governess that she may immediately consult the Emperor, and ascertain his pleasure.
Done and transacted by the above-mentioned queen dowager [of Hungary], and governess of the Low Countries, in the Imperial Council of State.
Signed: "Marie." Par ordonnance; "Marnix."
Instructions for the Commissioners at the meeting of Bourbourg.
French. Original. pp. 10.

Footnotes

  • n1. Mayormente que al de Monaco le ponen muchos impedimentos diciendo que es Grimaldo, y que ha sido cruel, y hecho muchos homicidios y [malos] tratos."
  • n2. "Que todo lo que no es de jure divino se reduxese á que no obligase á pecado mortal syno á venial."
  • n3. The Emperor wishes that the ambassador had not spoken to the Pope about this, because these are matters which, if divulged, might lead to great inconvenience. So it is the Emperor's pleasure that no more be said about the Diet and the Lutherans.—Marginal note by Covos.
  • n4. "Y con tener el exercito tan adelante como está."
  • n5. Thus in the original; the sum, however appears excessive.
  • n6. See part 1, Int., p. xxv.
  • n7. "Y ansi como quita de trabaio áqualquier persona, por indocta que sea, para responder á los contrarios, ansi es merecedor clc mucha honra."
  • n8. Sepulveda's treatise was first printed at Rome in 1531, and reprinted among his works, Madrid, 1740, four vols.410.
  • n9. "Aucuns deputez des ses ditz pays hantans ct commerçant marcoandement es pays et royaulme d'angleterre."
  • n10. See above, p.396.
  • n11. The Empress Isabella, as is well known, was the daughter of Dom Manuel of Portugal, and sister of Dom João, who succeeded him in 1521. Dom João was married to Katharine (Catalina) sister of Charles.
  • n12. About this time the Empress Isabella was dangerously ill
  • n13. "Yo le cargé (sic, r. cargué) vien la mano en csto, diciendole quan bien los [de]meritos del Cardenal merecieran todo castigo, segun su mal portamiento, el qual [castigo] como padre suyo, y que tanto lo quiere y [a] tañe las entrañas, y por lo mucho en que tiene todas las cosas de su Santd su Magd le pudiera [bien] dar."
  • n14. "Pero que mejor era que pues el yerro passado era de dos personas priuadas. no mas cumplidas de razones (sic) ni juicio que otras vien ynocentes, que esto se disimulase."
  • n15. "Rogandome que yo en Roma quisiese abonar el vyto y el vestyto del Rev.mo Yo le ofreci en esto large parole," &c.
  • n16. On the margin of this paper is a holograph answer of the Emperor, thus worded : "Answer the Duke, whilst I myself will pay my compliments to Don Fernando."
  • n17. What with travelling the whole of yesterday and the hunting of the day before, I have been unable to sign all the papers you sent me. All, however, meet with my approbation. In the letters I have changed a few words, as you will see when Idiaquez takes them back. (Marginal note in the Emperor's own hand.)
  • n18. Paper torn : Autoine Perrenot ? sieur de Granvelle. This paragraph and the preceding one, as all the rest of the report is in French, which convinces me that Anthoune is for Antoine Perrenot. The Admiral [of Castille] here mentioned, was Don Fadrique Enriquez.
  • n19. "Y con ver lo que avya en ellas, y oyr mis pechos me tomó colera y hablé bien claro y aspero, pues ay cartas suyas y vales ; no falta materya para hazerles una buena respuesta, y por eso y pues no firmo asta el otro lugar, será bien que defyrays (sic) de hacer la carta del almyrante asta que os aya [yo] hablado y contado lo que ha pasado. Con esta os envio las dichas cartas."
  • n20. "Porque desde el dia que Su Santd me hablo nunca mas he querido entrar en la negotiation, y lo que passo no fue platica movida por mi sino por su voluntad."
  • n21. "Bien diré my parecer que haciendolo ellos [como] de suyo, como dezian y offrecian, no la toviera [yo] por mala negociacion, y consideradas las condiciones con quien (que?) se havia de hacer esto no la ternia por tan difficil."
  • n22. Here, instead of "Norfolk" the copy says "Suffolk," and besides, the last sentence in the paragraph is so altered in Bergenroth's copy as to offer no meaning. It stands thus: "Su Santd tiene ansi mesmo aviso que en la misma hora [que recibió el Rey la sentencia] embio á mandar al duque de Sufork, que havia de hallarse en las dichas vistas, que no las esperase sino que tomasse hija del Rey de Francia, y luego se volviesse à Inglaterra," Instead of the words in italics I suggest that "la vja [via] del reyno de Francia" should be read; i.e., that taking the route of France he should return to England forthwith.
  • n23. Evidently the same mentioned in Sylva's despatch of the 5th of August, No. 1112, p. 768.
  • n24. "Es legitimada para que sea oyda."
  • n25. "Pero por ser la causa de la ynportancia ques, sy por citarla oviese algun impedimento, ó simylmente por no la aver citado, tomase por expediente que se consulte con la Cesarea Magestad, por que como son cosas eventuales sy abrá ympedimcnto ó no, se pueden perfectamente alcançar Jos fines, mayormente en cosas ymportantes, y consultado el caso con su Magd. se espera que seelijirá lo mejor."
  • n26. Though this despatch of Le Sauch reporting on his mission to England seems to be written in his own hand, and was no doubt inspected at the time by the Imperial ambassador himself, it is remarkable that the name of this latter should be written with two pp, thus (Chappuys), justifying my remark that of the three ways of writing his name Chapuis, Chapuys, and Chappuys, the latter is perhaps the more correct. See Introduction to Part I. of vol. iv.,Int., p. vi.
  • n27. "Mais a cause de la diversite du temps et vent contraire, ne sçeuz prendre passaige de Callais a Douvers que ne fust le xii. de Novembre ensuivant, et le xiiii. avant le disner arrivay à Londres."
  • n28. "A quoy moi, de le Sauch, le satisffiz, et combien que parchevions (sic percevions?) bien que nestoit chose fainte quil (de quoi il) se plaindoit."
  • n29. "A quel moy, de le Sauch, presentay les lettres de vostre maieste contenant credence que mon dit Sr vostre ambassadeur luy opposa [luy exposa, nostre charge] reservé le dernier article de nostre instruction."
  • n30. "Sur ce fust respondu le pourpolz (pourpos?) par Monsr de Wincestre, alleghant plusieurs raisons de droit, qui furent bien reboutez por mon dit Sr vostre ambassadeur."
  • n31. "Sy son plasir avoit este l'avoir preste a aultre, et il nen soit satisfait, que la coulpe nen est a vostre maieste."
  • n32. "Disant que la distance de Londres au dit Callais est plus longhe que celle de nostre coste, avecque le traveil et peril du passaige de la mer, a quoy lon devoit avoir regard."
  • n33. "Nestoit question de rendre anlcuns arrestz, sentences ny jugemens."
  • n34. Sur la waghe, que lon dit le poix (poids?).
  • n35. "Apposta un botquen sur la riviere a certain endroit."
  • n36. "Mais cependant luy feirent voye, et n'en a lon eult (sic) aultre chose.'
  • n37. Me baillant la main pour I'adieu.'
  • n38. Tax paid on the stalls or places in markets for the sale of goods.
  • n39. "Par grand advis et neuve deliberation des princes de son sang, des chevaliers de l'ordre, et gens de ses consauix."
  • n40. "Mesmement par bons accords, traictez, mutuelle hantise, conversation et requentacion de ses pays."
  • n41. "Sans aucunement avoir regard à la valeur que revient environ le 9me."
  • n42. "A cause que Ion ne peult vuyder argent, et pour la quelle vuyder il fault aussy payer semblables impotz."
  • n43. "Pour marquer harens, tonneaulx de scepe, et autres semblable denrees."
  • n44. "A remis a ung pour cent, et apres a este en possession et use de prendre ung florin dor pour drap."
  • n45. "Fust expressement convenu quon ravalleroit les vieses (sic) laines de l'estaple de Calais, et les veaures (sic) à lavenant pour chascune serpelyère dune livre de gros sterlink: les anglois y contravenant," &c.
  • n46. "Que les subjects de par deça puissent passer en payant telz et semblables, drois que les Anglois payent es pays de par deça, du moings l'ancien droit de tonlien du Roy, quest trois gros pour la livre de gros (sic), ainsi que payent les Oisterlins," &c.