Henry VIII: Miscellaneous, 1531 | British History Online

Letters and Papers, Foreign and Domestic, Henry VIII, Volume 5, 1531-1532. Originally published by Her Majesty's Stationery Office, London, 1880.

Citation:

'Henry VIII: Miscellaneous, 1531', in Letters and Papers, Foreign and Domestic, Henry VIII, Volume 5, 1531-1532, ed. James Gairdner( London, 1880), British History Online https://prod.british-history.ac.uk/letters-papers-hen8/vol5/pp1-10 [accessed 5 November 2024].

Miscellaneous, 1531



R. O.	1. The Divorce. "A confutation of Abel's babbling in his enterprise to defend the marriage of the brother germane with his brother germane's wife." A book in ancient binding, consisting of 303 leaves, with some blank leaves at the beginning and at the end. Written in Derby's hand.
R. O.	2. "A confutation of that answer which Master John Abell, priest, lately made against the Book of Determinations of the Universities in the King's cause." A book of 236 leaves, of which the two last are blank.
R. O.	3. Argument in favor of the King's divorce, in answer to Abel's book. Draft, pp. 8.
R. O.	2. The Divorce. Two fragments of a treatise in justification of the opinions given by the Universities. At the beginning of the work the author had quoted at full length the opinions of ten universities, of which those of Paris, Bourges, Bologna, and Padua alone remain entire, the first fragment beginning in the middle of the opinion given by the university of Angers. Pp. 44, 22. Beautifully written, with some additions and annotations in the margin by another hand.
Harl. MS. 1338. B. M.	3. Treatise on the Divorce. Copies of the determinations of Universities on the lawfulness of marrying a brother's wife, and the dispensing power of the Pope. f. 1. Orleans, 5 April 1529, ante Pascha. f. 1. Paris, (facultas decretorum,) 23 May 1530. f. 1 b. Angers, 7 May 1530. f. 2. Paris, (theological faculty,) 2 July 1530. f. 3. Bourges, 10 June 1530. f. 3 b. Bologna. f. 4 b. Padua, 1 July 1530. f. 6. Toulouse, 1 Oct. 1530. f. 7. Prfatio ad lectorem, beginning, "Habes hic, candide lector, censuras et decreta qu decem illustrissime," &c. f. 8 b. cap. I., beginning, "Postquam Deus Optimus Maximus clum terras et universa qu horum ambitu." Seven chapters, ending, "Proinde summorum Pontificum facta, et sententias minus recte ab eis emanatas, merito optimoque jure interdum ecclesia revocat, corrigit, reprobat, et in melius commutare non negligit." Pp. 170. In the original binding, stamped on the sides with the Tudor rose crowned and fleur de lis.
R. O. Pocock, II. 94.	4. The Divorce. "A compendious annotation of such points and articles as seemeth most vehemently to impugn the matrimony between the King's highness and the Queen's grace." Begins : "Prince Arthur of noble memory." Ends : "that grant of dispensation." Pp. 21. With annotations in another hand in the margin, containing references to authorities on canon law.
Harl. MS. 417, f. 33. B. M.	5. The Divorce. 1. Treatise in favor of the divorce by Fr. Marcus Genoa, of Venice, a Minorite, S.T.P. Signed by Fr. Bonaventura of Venice, and three others. Hol., Lat., pp. 32.
Harl. MS. 417, f. 11. B. M.	2. A treatise against the dispensing power of the Pope by [Edward Lee, archbishop of York]. Imperfect, pp. 39. Endd. at f. 22 b : Diversa scripta qu venerunt ex Londino.
R. O.	3. Treatise by John, provincial of the Carmelite Friars, in favor of the divorce; in the course of which he quotes, at full length, a hymn to the Trinity, in Leonine verse, by Hildebert bishop of Le Mans. Lat., pp. 5. Imperfect at the beginning. Beautifully written and illuminated, with broad margins. At the end : Fili Syon exultent in Rege suo. Vivat Rex. Amen.
R. O.	4. A treatise on the unlawfulness of marrying a brother's widow. Lat., pp. 154, with remains of binding from an old vellum MS. Headed : Non hodie jure positivo ecclesi solum et canonum, sed lege etiam divina prohibetur quo minus quis ducat uxorem fratris defuncti sine liberis.
R. O.	5. Fragments of an elaborate treatise on the unlawfulness of marrying a brother's wife, with replies to arguments from the Schoolmen touching the Levitical law. Lat., pp. 158. Draft in Wriothesley's hand, with corrections. Begins : Ad tractandam qustionem de qua ambigitur.
R. O.	6. Fragment of a treatise on the Levitical law of marriage. Lat., pp. 14. Begins : . . . liter et illud, Qui vult omnes homines salvos fieri. Ends : uti verba sonant, esse intelligendam.
R. O.	7. Fragment of a treatise on the illegality of marriage with a brother's widow. Begins : cujus generis in decretorum. Ends : Nam si ita esset. Lat., pp. 12.
R. O.	8. Four fragments of different drafts of the King's book. Lat., pp. 122, 109, 52, and 44. On one, part of an old binding remains, cut from a vellum MS. At the beginning of the first section is written in Clerk's (?) hand, "Matrimonii causa;" and at the beginning of two others, "Matrimonii."
R. O.	9. A treatise in defence of the proposition that a man cannot marry the relict of his deceased brother when the first marriage has been consummated, replying to arguments on the opposite side. Begins : Sapore febricitans amarum dulce. Ends : terni cruciatus tormenta incurrant. Lat., pp. 130, imperfect both at beginning and end.
R. O.	10. A treatise on the illegality of marriage with a brother's wife, as illustrated by the case of Herod, in which the author endeavours to prove that there is no evidence that when Herod married Herodias, his brother Philip's wife, his brother was still alive, but that the presumption is to the contrary. Lat., pp. 22. Endd. in Clerk's (?) hand : "An liceat habere uxorem fratris in matrimonio;" and in another hand : "Of the King and the Princess Dowager."
R. O.	11. Another copy of the same, with corrections. Mutilated, pp. 42.
R. O.	12. Treatise against the validity of the Papal dispensation. Begins : Quemquam alioqui in animo fuerat locum illum intactum relinquere. Ends : et quod non est effectum habere non potest. Lat., pp. 76, imperfect.
R. O.	13. Part of a long argument in the King's favor against the adverse interpretation of the Levitical law. Begins : Sed confugient hic statim adversarii ad Deuteronomiam. Ends : Et quanquam cogente necessitate illud fieri debuit quod potuit cessante. Lat., pp. 20.
R. O.	14. A treatise on the illegality of marrying a brother's widow, discussing certain propositions maintained by Dr. Shirewodd. Begins : Ista ut graviter sane ac magno acumine. Ends : gentes ante conversionem obligare quemadmodum Judos. Lat., pp. 96, imperfect.
R. O.	15. A treatise on the proposition : "An sub lege Evangelica et in Novo Testamento liceat fratri ducere uxorem fratris mortui sine liberis." Lat., pp. 44.
R. O.	16. Notes of arguments on the Divorce question. Lat., pp. 2. Endd. : The opinions and sayings of bishops, written with their own hands, concerning the King's high matter.
R. O.	17. An argument drawn from the story of Judah. Genesis, c. 38. Lat., pp. 19. ii. Commentary upon the case of the daughters of Zelophehad : Num., c. 27. Lat., p. 1.
R. O.	18. Extracts from the Gospel according to Matthew, Mark, and Luke, and the first Epistle to the Corinthians, concerning marriage and divorce. Lat., p. 1.
R. O.	19. Part of a long and elaborate treatise against the King's divorce, replying to various arguments advanced by learned men in his favor, from Origen, Chrysostom, and other Fathers. Consists of two chapters, headed, "Tertii capitis confutatio;" and "Quarti capitis confutatio." On the fly leaf is written : Divers letters fro the King's orators and agents at Rome in the King's cause(crossed out.) And below : A consultation for the King's cause. Lat., pp. 94.
R. O.	20. Fragment of a treatise on matrimony. Begins : This definition, notwithstanding it be approved by the universal consent of all writers. Ends : I shall likewise give unto them, but that hereafter they observe, keep and walk. Pp. 8, imperfect.
R. O.	21. Statements of reasons against the validity of the Queen's appeal to Rome, intended to show that the judges might proceed notwithstanding the revocation of the cause. Begins : Item, licet a rejcctione appclletur. Lat., pp. 5, imperfect.
R. O.	22. Abstract of part of the preceding. Begins : Proposita allegatione advocationis. Lat., pp. 3.
R. O.	23. Treatise against the dispensing power of the Pope. Begins : Dispensatio bifariam dicitur. Ends : Hc paucula cursim dicta sunt sub conreptione melioris judicii, et protestatione recantandi, ostensa veritate. Lat., pp. 20.
R. O.	24. Arguments, chiefly drawn from the decisions of Councils, against the Pope's power of avoking the cause to Rome. The writer suggests that the Pope should either delegate his power to the bishops of the province, or even come to England himself. On the fly leaf : Citata ex conciliis : Of the divorce. Lat., pp. 7.
R. O.	25. Summary of arguments on account of which the Pope ought to pronounce sentence. Headed : Annotatio summaria, &c. Lat., pp. 2.
R. O.	6. The Divorce. Short documents relating to the divorce. 1. List of the names of Parisian doctors who gave their opinions on the King's matter, on successive days from June 13 to June 30 [1530]. Lat., pp. 4, badly mutilated. Add. : Dr. Gardyner, the King's Secretary. Endd. by Wriothesley.
R. O.	2. List of absent doctors. Lat., p. 1. Endd.
R. O.	3. A list of 43 French theologians who have subscribed an opinion against the power of dispensation in the case of marriage with a deceased brother's wife, giving the age of each person. Lat., pp. 4.
R. O.	4. List of 54 French divines who had given their opinions pro parte negativa [as to the dispensing power], with the character of each person attached. Lat., pp. 6.
R. O.	ii. A similar list of 39 divines who had taken the affirmative side. Lat., pp. 5.
R. O.	5. Opinion or judgment that the marriage between prince Arthur and princess Katharine was consummated. Lat., p. 1. Draft in Cranmer's hand, with additions by Henry VIII.
R. O.	6. A similar opinion. Lat., p. 1, draft. Endd.
R. O.	7. Notes of the causes justifying appeals, and of the mode of proceeding on them, according to the canon (?) law. The authorities quoted are Antonius, Philippus, Butrius, Inmola, and Innocentius. Lat., pp. 2.
R. O.	8. Copy of the brief of Julius II., dated 26 Dec. 1503. Lat., pp. 2.
R. O.	9. Extracts from the depositions of Agnes widow of Thos. duke of Norfolk, Jane widow of Sir Rich. Guldeford, Geo. earl of Shrewsbury, Sir Wm. Thomas, Sir Anthony Poynes, Thos. marquis of Dorset, Thos. duke of Norfolk, and Sir Anthony Wyllughby, touching the consummation of the marriage between prince Arthur and Katharine. Pp. 10, mutilated.
R. O. Burnet, IV. 17.	10. Copy of the King's protest when prince of Wales, against celebrating the marriage with Katharine. Lat., pp. 3.
Otho, C. X. 179. B. M.	11. "Articles drawn out of the Scriptures, out of General Councils and certain learned fathers, both ancient and recent, that it is not lawful for one man to marry two sisters." Ends : "Thus, right honourable Lord, I have showed un[to you], both by Scriptures, General Councils, and learned fathers, that it is not lawful for any man to marry his wife's sister, desiring your [Lordship] well to extend and weigh what you have [read], and consider well with yourself the gre[at] absurdities and inconvenience which if it . . . may rise of the same, referring them [to be w]ayed with the balance of your own wi[sdom]." Pp. 6, mutilated.
Add. MS. 28,582, f. 203. B. M.	12. "Opinio jurisconsulti cujusdam super legalitate matrimonii contracti inter viduam et fratrem mariti sui defuncti." Proving that such marriages are not contrary to the divine law, and that therefore the Pope can grant a dispensation for them. Lat., pp. 9, modern copy.
Ib., ff. 208 and 210.	13. Copies of a few lines of the above. Lat., pp. 2, modern copies.
Ib.,ff.212,214, 219, 271, 273.	14. Arguments of five Spaniards against Henry VIII.'s divorce. Modern copies.
Ib., f. 211.	15. "Annotationes ad opinionem universitatis Salamantin super legalitate matrimonii inter Henricum Octavum regem Angli et Catharinam reginam. "Autogr. ut videtur cujusdam doctoris istius universitatis. "Sine anno. Sine signatura." Lat., pp. 2. In dorso : Censura sobre las pareceres de las universidades de Salamanca y Alcala.
Ib., f. 191. B. M.	16. "Qu circa determinationem gravissimi causarum senatus Granatensis notatu digna mihi visa sunt, dum prima lectione eam legerem, sunt qu sequuntur." Objections to certain statements in the determination of the senate of Granada, which support the case of the king of England, in the divorce. Lat., pp. 19, modern copy.
Ib., f. 190. B. M.	17. "Expositio facti, exemplum bull Pap Julii et 14 dubia verbotenus, prout in opinione universitatis Salamantin (sine responsionibus)." "In dorso : Lo de la reyna de Inglaterra. Las dubdas de la causa matrimonial de la reyna de Ingleterra. Lo que es mas importante es si pudo el Papa dispensare o no." Lat., pp. 8.
R. O.	18. "The names of such persons as be well learned in ... and not abiding in the university of Oxford." Dr. Powell, abiding at Salisbury; Dr. Ware, in Berkshire; Drs. Foderby and Bradbryge, in Lincoln; Dr. Brynknell, at Banbury; Dr. Caslay, at Wells; Dr. Myllynge, at Tausytur; Dr. Lushe, at Aylesbury; a doctor, late the abbot of Wynchome; a doctor, being the abbot of Thame; Dr. Vavysor, being a Grey Friar, abiding ... Dr. Burde, being a White Friar, abiding ... Dr. de Coloribus, a Black Friar. Bachelors in Divinity : Mr. Maudlay, archdeacon of Leicester, ab[iding] ... a chaplain of his, being bachelor of [divinity]; Mr. John Marynge, at Chichester; Mr. Nic. Cartwryght, chaplain to ... Mr. Gudryche, at Brystowe; Mr. Holyman, at Reading; Mr. Latymar, abiding besides Halys; Mr. Cryspyn, in Devonshire. The names of such as be well learned ... abiding within the university of Oxford :Dr. Roper; Dr. Kynton; Dr. Wedurall, prior of the Austen [Friars]; Dr. Cotysford, commissary; Dr. Higdon, dean of Cardinal's College; Dr. Knollys, president of Magdalen College; Dr. Hochynson, master of University College; Dr. Lynsay, fellow of Lincoln College; [a] doctor, being warden of the Grey Friars. Bachelors of Divinity ... Cannar, subdean of Cardinal's College; [Mr.] Barkar; [Mr.] Leyghton; [Mr.] Tressam, B.D.; [Mr.] Langryche; [Mr.] Champion; [Mr.] Stokton, and [Mr.] Herman, M.A.; Messrs. Curren, Claxton ... pantre, provost of Queen's College; Coke, Wilson, Champion, and Bayard, B.D.; Messrs. Sutton and Mery, M.A.; Mr. Bellitor, B.D.; Mr. Lorgar and Mr. Sutton, M.A.; Mr. Whyte and Mr. Moreman, B.D. Pp. 2, mutilated. Endd. by the King : The names off the doctours that longe to Oxford.
R. O.	7. The King's Divorce. Fragment of a treatise headed, "De despensibilitate prohibitionum Leviticarum." Inc. : "Jam quinto loco docendum est." Expl. : "in medium illorum sententias proferemus. Angelus in summa." Lat., pp. 8.
R. O.	8. Natalis Beda. On the declarations of Natalis Beda, touching his twelve articles of the book transmitted by the King to the university [of Paris]. In it he meets certain theological propositions advanced by Faber. Inc. : "Ad primum articulum dicit." Ends : "Sed est solum quod hic prmittitur." Pp. 6.
R. O.	9. The Royal Supremacy. Fragment of a treatise against the Papal supremacy. In ten sections, numbered 146 to 155, setting forth that Divine law is of more authority than canon law; that a dispensation should not be granted except in urgent necessity or for common utility; and setting forth the inconvenience of appeals to Rome, the impropriety of the Pope granting exemptions from the jurisdiction of ordinaries, &c. Lat., pp. 4.
R. O.	10. Heretical Books. (fn. 1) Injunctions touching the clergy. Imperfect at the end.
[No date.] S. B.	11. Anne Boleyn. (fn. 2) Grant to Anne Boleyn, one of the daughters of Viscount Rocheford, of the custody of the lands of William Carye, deceased, during the minority of Henry Carye, his son and heir, with the wardship and marriage of the said heir.
Vesp. F.XIII. 109. B. M. Wood's Letters, II, 74.	12. Lady Anne Rocheford to Lady Wingfield. Desires credence for the bearer touching Lady Wingfield's removal. "And, Madam, thoye at all tymes I have nott shoyde the love that I bar you as moche as ytt was in dyde, ytt noye (yet now) I trost that you shall well prove that I lovyd you a gred dell morne then I mayd fayr for." Next to her mother, loves no woman alive better. Hopes at length to show her that it is unfeigned. Trusts that she knows that she will write nothing to comfort her in her trouble but she will abide by it. Begs her to leave her "on descrytte trobble, both for desplesyng of God, and all so for desplesynge off me that dothe love yo so yntyrly." Hol., p. 1. Add.
R. O.	13. Bishopric Of Coventry And Lichfield. (fn. 3) Draft grant to Richard Strete, archdeacon of Salop, of the custody of the temporalities of the bishopric of Coventry and Lichfield, void by the death of the late bishop Geoffrey [Blythe]. A paper roll.
R. O.	14. Thos. Jamys and Wm. (?) Porter to the Duke Of Norfolk. Are from Newport, Isle of Wight, and now prisoners in the Fleet. Have been plundered by the French king's subjects, and, justice being refused in accordance with the treaty of peace, had certain French ships at Portsmouth arrested. (fn. 4) The French ambassadors, Mons. de Lange and Mons. de Vaux, promised that if a messenger was sent over with De Lange, they should have redress. Sent accordingly, but without result. Obtained the arrest of the goods in a hoy, which arrived at Newport, belonging to the persons who had caused their loss, that the matter might be finally settled. Beg Norfolk to have them set at liberty. P. 1, large paper, mutilated and defaced.
R. O.	15. Margaret Vernon to Cromwell. (fn. 5) I thank you for the great pains you have taken for me, and beg credence for Dr. Smyth, the bearer. Your son and his master are in good health, and now prosper in learning more in one day than before in a week, by reason of Nich. Saddelar, who is of very good conditions. Mr. Copland every morning gives each of them "a laten (Latin lesson ?), the which Nicholas doth bear away, as well Gregory's lesson as his own, and maketh the same Gregory perfect against his time of rendering." The master takes such comfort that he is with them three times a day. The bearer will show you the sayings of the Chancellor of London, (fn. 6) who is my great enemy. I beseech you, put your helping hand to this matter, if my Lord's Grace (Wolsey) intend to perform his promise. The Sub-prioress and Lark (fn. 7) have been at the Court to make all the friends they can, to the great wasting of the goods of that house. Hol., p. 1. Add. : Right worshipful. Endd.
R. O.	16. Margaret Vernon to Cromwell. I thank you for your great kindness. My woman informs me that you will be so good as to lend me 40l. till Whitsuntide if I obtain two sufficient sureties. (fn. 8) My neighbour Grynder, and John Lewis, goldsmith, living at the sign of the Portcullis in Cheapside, will attend you on Wednesday next. Hol., p. 1. Add. : Right worshipful.
R. O.	17. Margaret Vernon to Cromwell. Send word how you have done for the priest you promised me. If you are not provided, I doubt not I shall have one who will be as good for your purpose as you can desire. Three years since I was destitute of a priest, and I sent to Oxford for one, who brought with him a gentleman's child, to whom he gave attendance with so great diligence and virtuous bringing up that you could not be better sped. I sent to him this week and he answers that he will purchase licence for a year; but further he cannot, for he is an M.A., fellow of Lincoln College, Oxford, and his name is Will. Yngilffild. Let me know your pleasure speedily, for I would that your child should lose no more time. The gentleman you promised would be much to your charge, and not do so well for the child. I also perceive by Mr. Somer that he will not take the pains which would be for my pleasure. You promised that I should have the governance of the child till he was 12 years old. By that time he shall speak for himself if any wrong be offered him, for as yet he cannot, except by my maintenance; and if he had a master who disdained my meddling it would be great unquietness to me; for if you sent here a D.D., yet would I play the smatterer; but always in his well-doing he shall do his pleasure, but otherwise not. Hol., p. 1. Add. : Right worshipful.
R. O.	18. Margaret Vernon to Cromwell. Your son (fn. 9) is in good health, and is a very good scholar, and can construe his paternoster and creed. When you next come to me I doubt not that you shall like him very well. Of such money as was delivered into Vaughond's hands, viz. 20l., I can have no more again but 15l., as he says he has delivered you 5l.; which I do not believe, for you told me at your last being with me that the whole sum was in his hands. Let the 5l. be delivered to this bearer for my creditor, as I cannot have my bonds until the duty be paid. Hol., p. 1. Add. : Right worshipful.
R. O.	19. Margaret Vernon to Cromwell. I am informed that certain of my friends have moved you for the house of St. Helen's, as Mr. Marshal and our simple steward. I am sorry they should have done it without my knowledge; but as you have entertained it, I should like to show you my determination in the matter. Many of my friends have urged me to make labor for the said house which the King has given to Mr. Harper, who says he is offered for it 200 marks by the King's saddler for his sister. This will I never do, for that fashion is neither godly nor worshipful. Besides, "I must cume be my lady Orelles faver, wich is a woman that I wold lest mell with." I should not only be burthened in conscience, but entangled in great cumbrance, to satisfy the mind of this gentlewoman. Though I did in my Lord Cardinal's days proffer 100l. for the said house, I beseech you consider for what purpose it was made. You know right well there were so many slanderous words used by my enemies, and that you had made so great instant labor for me "that I shamed so the faule (i.e. failure) therof that I forsyd lytell what profer was made." Now that blast is ceased, and I thank God I have two eyes to see clearly in this matter : "The one is the eye of my soul, that I may come without burden of conscience and by the right door, and, laying away all pains and vanity of the world," look merely on the maintenance of the house. Hol., pp. 2. Add. : Right worshipful.
R. O.	20. Margaret Vernon to Cromwell. It has come to my knowledge that divers of my friends have labored with Mr. Harper for the house of St. Helen's, who, though he has been offered 200 marks for it, for the good reports he hears of me is better contented with me without demanding a groat rather than have the other parties with the sum aforesaid. I beg your favor in this matter, that all men may see that I am your prioress (fn. 10), which is more comfort to me than to be made abbess of Shaftesbury; for then my slanderous adversaries might be discouraged in speaking against me. I beseech this of you for my sake and the love you bear to your son Mr. Gregory. Hol., pp. 2. Add. : of the Council.
R. O.	21. Margaret Vernon to Cromwell. I thank you for your gentleness to the bearer. He cannot as yet pay you easily such duties as he should have done before this. I beg you to spare him till St. Andrew's Eve. Send me word how Gregory your son doth. Hol., p. 1. Add. : Right worshipful.
R. O.	22. Margaret Vernon to Cromwell. One Mr. Grantham has a lease from my house for a term of years, wherein are certain young woods reserved by special words, except certain underwoods. But of his extort mind he cuts down great numbers of young oaks contrary to his indentures. My lord of Lincoln wrote to him to forbear, but of late he has felled more than threescore oaks, and laid them along the hedges. As my house is poor I cannot follow the law with him, and beg you to interpose. Hol., p. 1. Add. : Right worshipful.