PART II. Cotton lib. Number 38. Letters and instructions touching proceedings with the emperor, to sir William Paget, knight of the order, sent to the emperor. 1549. FIRST, He shall communicate his instructions, and the cause of his coming with sir Philip Hobbey ambassador, resident with the emperor, and accompanied with him at his access to the said emperor, shall deliver his letters of credit; and for his credit shall utter his charge as followeth. First, He shall declare what good will we have to the continuance of the amity, and the encrease of the same, by such means as may be devised on either party; and how the reciproque hath been promised on their behalf. Item. To the intent they may as well perceive our forwardness therein, as also the world see the same take effect indeed, he is sent to shew what we have thought upon for this purpose; and also if they be of a like forwardness, to hear again what they think meet in that behalf; and upon this conference, either to conclude upon both our devices, or such one of them as shall be thought best for both parties. Item. We think good, that the treaty already made between the emperor and the king's majesty of famous memory, deceased, be made perpetual, that is to say, confirmed by the prince, and the countries on both sides, whose commodity depend upon the same treaty. Item. Before the confirmation, the treaty to be revised by him; and the ambassador, and certain other, to be appointed by the emperor, to the intent it may appear whether we have both one understanding of the words of the treaty. Item. Where the debating to and fro of the amity with his ambassador here, occasion hath risen to talk of marriage between the infant of Portugal and the lady Mary; to which thing we perceive the emperor hath sithence been made privy; and that in case the emperor mind to treat further of that matter, he shall say he hath commission to BOOK hear and conclude thereof. Item. To declare the state of our affairs in Scotland at this time; and forasmuch as the Scots have been very much aided with victuals, ammunitions, and other necessaries from his dominions, by reason whereof they are more stiff and unwilling to come to reason; the said comptroller declaring this consideration, shall do what he may to procure, that not only all safe conducts granted by the emperor or the regent may be cassed; but also his consent, that if any his subjects traffique into Scotland, being common enemies, if they be taken beyond Barwick thitherward, it may be lawful for our men to take their goods as forfeit. Item. To declare our proceedings with France at this time, and of our sending commissioners upon the French motion, who shall not conclude any thing prejudicial to the amity or treaties already passed, or now to be passed, between us and the emperor, but shall depend wholly upon his proceedings there; so as if the emperor shall, upon consultation of his affairs, determine with us to do any thing to France, we will frame our communications with the French thereafter if otherwise, then the said commissioners now sent to the French shall do accordingly. Item. For making the treaty perpetual, we think convenient, that the prince of Spain do confirm and sign the same, and the Low Countries comprised therein, do also in their general parliaments or assemblies make like confirmation, and in their courts to make decrees thereof; and this, or such form as hath been used in those parts heretofore in like cases, to be done for their part: and for our part, the king to ratify it, the parliament to confirm it, and the courts of chancery, king's bench, and common-pleas, to make decrees thereof. Item. In the revising of the treaty, if any doubt rise for the understanding of it, which shall seem by his and the ambassador's discretion to be for the king's profit, to conclude upon it, if they will agree to the same; and if there arise I. PART doubt, which shall seem to their discretions against the king, then to advertise hither. II. Item. For the case of the marriage, to declare at the first what was left by the king's majesty deceased; and yet nevertheless afterward to offer 100000 crowns, or the revenue yearly which she hath now upon convenable dower. The said 100000 crowns, or revenue, to be paid at Calais, if the marriage take place; she to be conveyed to Calais at the king's charges; the marriage to be made in the emperor's court, or else-where in the Low-Country, by his appointment; and for her dowry to ask by the year to be paid in case of the infant's death, at Calais yearly, at the feasts of and the feast of and she to return into England with jewels, plate, houshold-stuff, such as should be agreed upon. And thus far to enter for the first degree; and in case of further communication, to advertise and receive answer from hence. Item. Touching our proceeding with France, to declare how we have continued in war with them, and Scotland these four years alone, without help; and that we think it expedient for us, upon this occasion now ministred by France, to give ear; in the which hearing, we mind to attribute much to the emperor's friendship; for loth we are to let slip from the king any one jot of his right, if the emperor will assist; but otherwise we must make such a bargain for the king, as we may with regard to his honour and surety. And in this point the comptroller shall press the said emperor to enter with us, and to put him in a remembrance of his quarrels, and all such other things as he can devise for this purpose; and to put him in hope generally, that we will enter gallantly with him. And if he descend to particulars for the form of the entry, to hear his opinion, and to advertise, and then proceed as answer cometh from hence; but specially to remember to set forth the comprehension of Bulloign for defence, upon a like reciproque, for so shall he be brought to think we mind not to conclude with France, and thereby stay such practices, as upon occa I. sion of the said comptroller's going, either he with France, BOOK or France with him, might enter together. And so the commissioners sent to France, may make the better bargain for the king. Marry, this point is not to be opened throughly, till he hear some likelihood that our commissioners in France break off without conclusion. Item. The said comptroller shall essay, as of himself, whether they will accept Bulloign at the king's majesty's hands, for some other reasonable recompence. Item. The said comptroller shall use his discretion, to open the points aforesaid to the emperor, Granvela, or D'Arras, either at one time, or several times, as to his discretion shall seem convenient; and shall address his pacquets to the commissioners for France lying at Calais, to the end they may see his proceedings, and send them over with speed, directing their charge the better hereafter. Number 39. An account of a conference the English ambassadors had with the emperor's ministers, in a letter to the protector. Galba B. IT It may like your grace to be advertised, that upon the Cotton lib. 20th of this present, came to the lodging of me the comp- 12. troller, monsieur D'Arras, and in his company the two presidents of the council, St. Maurice and Viglius; who, after a few words of office passed between them and us, entred the cause of their coming, saying, That the emperor having been informed of such conference as was passed this other day between me and Granvela, hath, to declare his readiness to any thing that might satisfy his good will and affection to the intent of the king, sent us here to revisit the treaties, and see how we do agree upon the understanding of the same. I the comptroller answered, That it was not amiss, howbeit I had not so opened the matters, nor looked to have it passed in such order. But first to know the emperor's resolution, how he can be contented with the confirmation of the treaty, in the form that I had moved, and then that PART agreed upon, to proceed to the revisitation of the same. In II. good faith, quoth D'Arras, we did so understand it, and have so reported to the emperor, and this commission hath he now given us. Well, quoth I, seeing you are now here, and have brought the treaty with you for that purpose, we may do somewhat in it, and afterwards be advised farther, requiring, that in case any thing should be found in the passages of the treaty meet to be considered, that we might, before further wading in the matter, know the emperor's resolution, touching as well the confirmation of the treaty, as in such things as now might be moved: which they thought reasonable. And so we began to read the treaty; and when we came to the sixth article, wherein it is provided for the common enmity in case of invasion, and by the establishment set forth, with what number the invasion must be made; and that both for the invasion, and the number the prince required to join, shall credit the letters of the prince requiring. I put this case, quoth I, for the understanding of this matter, that the king my master will signify by his letters to the emperor, that such a day the Scots, our common enemies, to the number of 7000 men, with the aid of the French king, affronted the borders of England, comprehended in the treaty, and set above 2000 men into the realm to invade: who did indeed invade, and spoil, and burn, and take prisoners; and therefore would require the emperor, according to the treaty, to take the French king, who had aided his enemies, for his enemies; for so doth he, and so will use him for his enemies. Is not the emperor bound to do it? What say you, quoth I, how do understand this article? It should seem yes, quoth D'Arras, but we will speak with the emperor in it, and bring you an answer. The words be plain, quoth I, and cannot be avoided. you Then in the seventh article, where it is said, That the prince requiring for his aid mony instead of men, must, if the invasion made by the enemy cease, restore the mony again which remaineth. And afterwards says, That though the invasion cease, yet if he will follow the enemy, he may |