+Source.+--Burnet's _History of the Reformation_, Part I.; _Collection
of Records_, Book II. xlii.
"After most humble commendations, and most devout kissing of your
blessed feet. Albeit that we have hitherto deferred to make answer to
those letters dated at Bonony, the 7th day of October; which letters
of late were delivered unto us by Paul of Casali. Yet when they appear
to be written for this cause, that we deeply considering the contents
of the same, should provide for the tranquillity of our own
conscience, and should purge such scruples and doubts conceived of our
cause of Matrimony. We could neither neglect those letters sent for
such a purpose, nor after that we had diligently examined and
perpended the effects of the same, which we did very diligently,
noting, conferring and revolving every thing in them contained, with
deep study of mind, pretermit nor leave to answer unto them. For since
that your Holiness seemeth to go about that thing chiefly, which is to
vanquish those doubts, and to take away inquietations which daily do
prick our conscience: and insomuch as it doth appear at the first
sight to be done of zeal, love and piety, we therefore do thank you of
your good will. Howbeit since it is not performed in deed, that you
pretend, we have thought it expedient to require your Holiness to
provide us other remedies: wherefore forasmuch as your Holiness would
vouchsafe to write unto us concerning this matter, we heartily thank
you greatly lamenting also both the chance of your Holiness and also
ours, unto whom both twain it hath chanced in so high a matter of so
great moment to be frustrated and deceived: that is to say, that your
Holiness not being instructed, nor having knowledge of the matter, of
your self should be compelled to hang upon the judgement of others,
and so put forth and make answers, gathered of other men, being
variable and repugnant among themselves. And that we being so long
sick and exagitate with this same sore, should so long time in vain
look for remedy: which when we have augmented our aegritude and
distress, by delay and protracting of time, you do so cruciate the
patient and afflicted as who seeth it should much avail to protract
the cause, and thorough vain hope of the end of our desire to lead us
whither you will. But to speak plainly to your Holiness; forasmuch as
we have suffered many injuries, which with great difficulty we do
sustain and digest; albeit that among all things passed by your
Holiness, some cannot be laid, alleged, nor objected against your
Holiness, yet in many of them some default appeareth to be in you,
which I would to God we could so diminish as it might appear no
default; but it cannot be hid, which is so manifest and though we
could say nothing, the thing itself speaketh. But as to that that is
affirmed in your letters, both of God's law, and man's, otherwise than
is necessary and truth, let that be ascribed to the temerity and
ignorance of your Counsellors, and your Holiness to be without all
default save only for that you do not admit more discreet and learned
men to be your Counsellors, and stop the mouths of them which
liberally would speak the truth. This truly is your default, and
verily a great fault, worthy to be alienated and abhorred of Christ's
Vicar, in that you have dealt so variably, yea, rather so inconstantly
and deceivably. Be ye not angry with my words and let it be lawful for
me to speak the truth without displeasure; if your Holiness shall be
displeased with that we do rehearse, impute no default in us, but in
your own deeds, which deeds have so molested and troubled us
wrongfully that we speak now unwillingly, and as enforced thereunto.
Never was there any prince so handled by a Pope, as your Holiness hath
intreated us. First when our cause was proponed to your Holiness, when
it was explicated and declared afore the same; when certain doubts in
it were resolved by your Counsellors, and all things discussed, it was
required that answer might be made thereunto by the order of the Law.
There was offered a commission, with a promise also that the same
commission should not be revoked; and whatsoever sentence should be
given, should straight without delay be confirmed. The judges were
sent unto us, the promise was delivered to us, subscribed with your
Holiness' hand; which avouched to confirm the sentence and not to
revoke the Commission, nor grant anything else that might let the
same; and finally to bring us in a greater hope, a certain Commission
Decretal, defining the cause, was delivered to the Judges' hands. If
your Holiness did grant us all these things justly, you did injustly
revoke them; and if by good and truth the same was granted, they were
not made frustrate or annihilate without fraud; so as if there were no
deceit nor fraud in the revocation, then how wrongfully and subtly
have been done those things that have been done! Whether will your
Holiness say, that you might do those things that you have done, or
that you might not do them? If you will say that you might do them,
where then is the faith which becometh a friend, yea, and much more a
Pope to have those things not being performed, which lawfully were
promised? And if you will say that you might not do them, have we not
then very just cause to mistrust those medicines and remedies with
which in your letters you go about to heal our conscience, especially
in that we may perceive and see those remedies to be prepared for us,
not to relieve the sickness and disease of our mind, but for other
means, pleasures and worldly respects? And as it should seem
profitable that we should ever continue in hope or despair, so always
the remedy is attempted; so that we being always a-healing, and never
healed, should be sick still. And this truly was the chief cause why
we did consult and take the advice of every learned man, being free
without all affection, that the truth (which now with our labour and
study we seem partly to have attained) by their judgements more
manifestly divulged, we might more at large perceive; whose judgements
and opinions it is easy to see how much they differ from that, that
those few men of yours do shew unto you, and by those your letters is
signified. Those few men of yours do affirm the prohibition of our
marriage to be inducted only by the law positive, as your Holiness has
also written in your letters; but all others say the prohibition to be
inducted, both by the law of God and Nature. Those men of yours do
suggest, that it may be dispensed for avoiding all slanders. The
others utterly do contend, that by no means it is lawful to dispense
with that, that God and Nature have forbidden. We do separate from our
cause the authority of the See Apostolic, which we do perceive to be
destitute of that learning whereby it should be directed; and because
your Holiness doth ever profess your ignorance and is wont to speak of
other men's mouths, we do confer the sayings of those, with the
sayings of them that be of the contrary opinion; for to confer the
reasons it were too long. But now the Universities of Cambridge,
Oxford in our realms; Paris, Orleans, Biturisen,[44] Andegavon[45] in
France; and Bonony[46] in Italy, by one consent; and also divers other
of the most famous and learned men, being freed from all affection,
and only moved in respect of verity, partly in Italy, and partly in
France, do affirm the Marriage of the brother with the brother's wife
to be contrary both to the Law of God and Nature, and also do
pronounce that no dispensation can be lawful or available to any
Christian man in that behalf. But others think the contrary by whose
counsels your Holiness hath done that, that since you have confessed
you could not do, in promising to us as we have above rehearsed, and
giving that Commission to the Cardinal Campeggio to be shewed unto us;
and after, if it so should seem profitable to burn it, as afterwards
it was done indeed as we have perceived. Furthermore, those which so
do moderate the power of your Holiness, that they do affirm that the
same cannot take away the Appellation which is used by man's law and
yet is available to Divine matters everywhere without distinction. No
princes heretofore have more highly esteemed, nor honoured the See
Apostolic than we have, wherefore we be the more sorry to be provoked
to this contention which to our usage and nature is most alienate and
abhorred. Those things so cruel we write very heavily, and more glad
would have been to have been silent if we might, and would have left
your authority untouched with a good will and constrained to seek the
verity, we fell, against our will into this contention, but the
sincerity of the truth prohibited us to keep silence and what should
we do in so great and many perplexities! For truly if we should obey
the letters of your Holiness in that they do affirm that we know to be
otherwise, we should offend God and our conscience and we should be a
great slander to them that do the contrary, which be a great number,
as we have before rehearsed. Also, if we should dissent from those
things which your Holiness doth pronounce we would account it not
lawful, if there were not a cause to defend the fact as we now do,
being compelled by necessity, lest we should seem to contemn the
Authority of the See Apostolic. Therefore, your Holiness ought to take
it in good part though we do somewhat at large and more liberally
speak in this cause which does so oppress us, especially forasmuch as
we pretend none atrocity, nor use no rhetoric in the exaggerating and
increasing the indignity of the matter; but if I speak of anything
that toucheth the quick, it proceedeth of the mere verity, which we
cannot nor ought not to hide in this cause, for it toucheth not
worldly things but divine, not frail but eternal; in which things no
feigned, false nor painted reasons, but only the truth shall obtain
and take place; and God is the truth to whom we are bound to obey
rather than to men; and nevertheless we cannot but obey unto men also,
as we were wont to do, unless there be an express cause why we should
not, which by those our letters we now do to your Holiness, and we do
it with charity, not intending to spread it abroad nor yet further to
impugn your authority, unless you do compel us; albeit also, that that
we do, doth not impugn your authority, but confirmeth the same, which
we revocate to its first foundations; and better it is in the middle
way to return than always to run forth headlong and do ill. Wherefore
if your Holiness do regard or esteem the tranquillity of our mind, let
the same be established with verity which hath been brought to light
by the consent of so many learned men; so shall your Holiness reduce
and bring us to a certainty and quietness, and shall deliver us from
all anxiety, and shall provide both for us and our realm and finally
shall do your office and duty. The residue of our affairs we have
committed to our Ambassadors to be propounded unto you, to whom we
beseech your Holiness to give credence, etc."
[Footnote 44: Bourges.]
[Footnote 45: Anjou.]
[Footnote 46: Bologna.]