From which necessitie, this noble prince is farre, whose loue to his king, nature and kinred prooueth; whose innocencie to all the world, his tender youth prooueth; and so sanctuarie, as for him, neither none he néedeth, nor also none can haue. Men come not to sanctuarie, as they come to baptisme, to require it by their godfathes, he must aske it himselfe that must haue it, and reason; sith no man hath cause to haue it, but whose conscience of his owne fault maketh him fane, néed to require it. What will then hath yonder babe, which and if he had discretion to require it, if néed were, I dare say would now be right angrie with them that kéepe him there? And I would thinke without anie scruple of conscience, without anie breach of priuilege, to be somewhat more homelie with them that be there sanctuarie men in déed.
For if one go to sanctuarie with another mans goods, whie should not the king, leauing his bodie at libertie, satisfie the partie of his goods, euen within the sanctuarie? For neither king nor pope can giue anie place such a priuilege, that it shall discharge a man of his debts, being able to paie. [And with that, diuerse of the clergie that were present (whether they said it for his pleasure, or as they thought) agréed plainlie, that by the law of God, and of the church, the goods of a sanctuarie man should be deliuered in paiment of his debts, and stollen goods to the owner, and onlie libertie reserued him to get his liuing with the labor of his hands.]
Verelie (quoth the duke) I thinke you say verie truth. And what if a mans wife will take sanctuarie, bicause she lust to run frō hir husband, I would wéene if she could alledge none other cause, he maie lawfullie without anie displeasure to saint Peter, take hir out of saint Peters church by the arme. And if no bodie maie be taken out of sanctuarie, that saith hée will bide there: then if a child will take sanctuarie, bicause he feareth to go to schoole, his maister must let him alone. And as simple as that sample is, yet is there lesse reason in our case than in that; for therein, though it be a childish feare, yet is there at the leastwise some feare, and herein is there none at all. And verelie, I haue often heard of sanctuarie men, but I neuer heard earst of sanctuarie children.
And therefore, as for the conclusion of my mind, who so maie haue deserued to néed it, if they thinke it for their suertie, let them kéepe it. But he can be no sanctuarie man, that neither hath wisdome to desire it, nor malice to deserue it; whose life or libertie can by no lawfull processe stand in ieopardie. And he that taketh one out of sanctuarie to doo him good, I saie plainlie, that he breaketh no sanctuarie. When the duke had doone, the temporall men whole, and a good part of the spirituall also, thinking no hurt earthlie meant toward the yoong babe, condescended in effect, that if he were not deliuered, he should be fetched. Howbeit they thought it all best in the auoiding of all maner of rumor, that the lord cardinall should first assaie to get him with hir good will.
Wherevpon all the councell came vnto the Star-chamber at Westminster; and the lord cardinall, leauing the protector with the councell in the Star-chamber, departed into the sanctuarie to the quéene, with diuers other lords with him: were it for the respect of his honor, or that she should by presence of so manie perceiue, that this errand was not one mans mind: or were it, for that the protector intended not in this matter to trust anie one man alone; or else, that if she finallie were determined to kéepe him, some of that companie had happilie secret instruction, incontinent (mauger hir mind) to take him, and to leaue hir no respit to conueie him, which she was likelie to mind after this matter broken to hir, if hir time would in anie wise serue hir.
When the quéene and these lords were come togither in presence, the lord cardinall shewed vnto hir, that it was thought vnto the protector, and vnto the whole councell that hir kéeping of the kings brother in that place, was the thing which highlie sounded, hot onelie to the great rumor of the people and their obloquie; but also to the importable gréefe and displeasure of the kings roiall maiestie, to whose grace it were as singular a comfort, to haue his naturall brother in companie, as it was their both dishonour, and all theirs and hirs also, to suffer him in sanctuarie, as though the one brother stood in danger and perill of the other [and therefore more conuenient it were they should be togither, than parted asunder; that the world may well thinke and saie both of their kinred and also of them, when they shall sée and heare how they kéepe continual companie, and liue in mutuall amitie (as becometh brethren) which bringeth commodities with it, for number, infinite; and for vse, comfortable and necessarie; as it is truelie said:
Quæ ligat vnanimes fœlix concordia fratres,
O quales fructus vtilitatis habet!]
Protector.
The cardinall shewed hir likewise, that the councell therefore had sent him vnto hir to require hir the deliuerie of him, that he might be brought vnto the kings presence at his libertie, out of that place, which they reckoned as a prison; and there should he be demeaned according to his estate: and she in this dooing, should both doo great good to the realme, pleasure to the councell, and profit to hir selfe, succour to hir fréends that were in distresse, and ouer that (which he wist well she speciallie tendered) not onelie great comfort and honor to the king, but also to the yoong duke himselfe, whose both great wealth it were to be togither, as well for manie greater causes, as also for their both disport & recreation. Which thing the lord estéemed no slight, though it séeme light, well pondering that their youth without recreation and plaie cannot indure; nor anie stranger, for the conuenience of both their ages and estates, so méetlie in that point for anie of them, as either of them for other.
The quéenes answer.