In  the  end  of  1538  Pole's  brother,  Lord
Montague,  and  the  Marquis  of  Exeter  were
beheaded  in  England  on  a  charge  of  treason,
in  which  his  whole  family  were  involved.
At  the  same  time  new  indignation  was
awakened  against  Henry  at  Rome  by  the
spoliation  of  Becfcet's  shrine  and  the  burn-
ing of  his  bones.  So  in  December  Pole  was
despatched  once  more  with  a  legatine  com-
mission to  visit  first  the  Emperor  in  Spain
and  afterwards  Francis  (for  they  had  made
peace  by  this  time)  to  persuade  them  to
break  off  intercourse  with  England.  But
though  the  Emperor  would  not  listen  this
time  to  Henry's  demand  for  his  extradition,
he  declined  to  take  such  a  step  without  being
sure  of  Francis,  and  as  Francis  had  the  like
jealousy  of  the  Emperor,  this  second  mission
of  Pole's  turned  out  as  fruitless  as  the  first.
Moreover,  he  was  in  continual  danger  from
assassins  willing  to  do  Henry  service.  In
1539  Parliament  passed  an  Act  of  Attainder
against  Pole  and  many  others,  including  his
mother  and  his  deceased  brother,  Lord
Montague.  Pole  was  then  at  Carpentras
staying  with  his  friend  Sadolet,  whose  sym-
pathy was  bis  best  consolation.  But  the
Pope  required  his  presence  in  Rome  once
more,  and  gave  him  a  bodyguard  for  surety
against  assassins.  In  1541  Contarini,  on
being  sent  to  the  Diet  at  Ratisbon,  took
counsel  with  Pole  how  to  conciliate  the  Pro-
testants, and  there  was  a  nearer  approach
to  agreement  then  than  at  any  other  time.
Pole  was,  however,  in  want  of  means,  and  the
Pope  gave  him  '  the  legation  of  the  Patri-
mony ' — that  is,  the  secular  government  of
a  district,  of  which  Viterbo  was  the  capital.
