* THE HIGHEST AND SUPREME COURT '

ui.To BENET, CASALE AND VANNES

[June 23, 1529,]

. . . The said legates [i.e. Wolsey and Campeggio] all due
ceremonies first observed, have directed citations both to us and
to the Queen for our and her appearance before them the xvinth
day of this month, which appearance was duly on either part
kept and performed and all requisite solemnities accomplished.
At which time, the Queen, trusting more in the power of the
Imperialists than in any justness of her cause, and thinking of
likelihood by frustratory allegations and delays to tract and put
over the matter to her advantage, did protest at the said day,
putting in libels, recusatories1 of the judges, and also made a
provocation2 alleging the cause to be avoked3 by the Pope's holi-
ness et litis pendentiam coram eodem* desiring to be admitted
for probation thereof and to have a term competent for the same.
Whereupon day was given by the judges till the xxrst of the
same month for declaration of their minds and intentions there-
unto, the Queen in person, and we by our proctor enjoined to
appear the same day to hear what the said judges should deter-
mine in and upon the same; at which time both we and the
Queen appeared in person, and notwithstanding that the said
judges amply, and sufficiently declared as well the sincerity of
their minds directly and justly to proceed, without favour, dread,
affection or partiality, as also that no such recusation, appellation,
or term for proving of litis pendentiam could or might be by them
admitted, yer she nevertheless, persisting in her former wilful-
ness, laid in her appeal, which also by the said judges was like-
wise recused. And they minding to proceed further in the cause,
the Queen would not longer make her abode to hear what the
said judges would fu[lly] discern, but incontinently departed
out of the court, wherefore she was thrice precognisate5 and called
eftsoons to return and appear, which she refusing to do was
denounced by the judges contumax* and a citation discerned for

1 Containing a rejection or refusal.

2 An appeal, especially to a higher ecclesiastical court.

3 Revoked.

4 Pending its hearing before the same.

5 Erron. for preconizate, summoned by proclamation.

6 Contumacious.