No More Learning

Parl. Journ. Dom.
provision for his duchess for her life; and also confirmed grant from the king Henry, the duke's eldest son, and his issue
cxxxii, cxxxiv. Sir William Dugdale calls the last act restitution blood, except honours and lands; but improperly, the re cord shewing, that was simply act
confirm grant from the crown, part
the duke's real property. Dugd. Baron.
171. The king also few years afterwards
extended his bounty the same Henry,
his wife Ursula, some the forfeited
granting him some more the late duke's possessions, particularly the castle and manor
Stafford. Ibid. Further, the first parlia
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209] STATE TRIALs, 10 Hrsmy VIII. 1528–Proceeding relating to [300
28. Proceedings relating
the Dissolution the Marriage be VIII. and CATH ARINE Arragon: 1528. [Lord Herbert's Life and Reign Kennett's Compl. Hist. 98. Cobb. Parl.
tween King 19 Hen. VIII. Hen. VIII,
Hist. 507. ]
HENRY
OUR king had now for many years enjoyed least until himself had look'd further into the
the vertuous queen Katherine, without that ei business. which certainly his intentions ther scruple the validity their Match, privately were procecd; for besides his dis
outward note unkindness had past betwixt patching his secretary William Knight, doctor them. Nevertheless, as, presently after the law, Rome, (whom yet commanded
birth the princess 1515-16, (who alone advise with our cardinal the way, being
all their children survived), Luther and others then France,) took information some
controverted the authority and extent the times about his present condition, and some
Papal jurisdiction, this kingdom, the dis times probable also) about such ladies
pensation Julius for the aforesaid Marri might furnish him choice for genial, and age being privately questioned, many our second bed. In which number the dutchess of
Alanzon, sister Francis, the first find mention'd, whose picture (as Hall saith) was
sent over, about this time. Neither did the cardinal, being certifica these passages, ouit comply least appearance with him, and
therefore writ the king, that the best way obtain his desire, was, tell the emperor
plainly, that, Unless set the pope free,' (at this time prison) would proceed the
learned men concluded
case prohibited Jure Divino, and therefore
indispensable. This again, whispered the ears many, begot such muttering, being brought the king, made him think what was do. For though knew that koep
ing the succession doubtful was one the arts which princes conserve themselves, yet, desire have posterity, which might
succeed him the crown, prevailed over other considerations, resolved clear this
Divorce upon his own, and his Clergies autho
void, being granted
rity. ” After which, sent for John Clark, oint fitting degrees; and the rather, bishop Bath, (then resident ambassador
that knew the same objections had been made (though wrongfully) Edward and
France) and commended him the king, person whom might discover himself; and, together, delivered his opinion: That because the party would appeal, the business could not determin'd England, unless the Pope would give him absolute authority, omnibus casibus Minute whereof sent
Rome, have seen. ) That she should persuaded, ingressum religionis. And,
his children. And certainly (as many circumstances,)
appears was
the
beginning, much could,
the princess his daughter. that, although the bishop Tarbe (being sent Francis
1527, conclude the alternative formerly set down,) did object openly against her legitima tion, being got the king upon his brother's wife, did not much move him. But, seeing now grown publick doubt, thought
more notorious than could supprest. Neither
relates) was secretly fomented Longland bishop Lincoln (his majesties Confessor,)
did believe that Charles would
scandalized since, avoid the Treaty Windsor, himself had alledged some things this purpose. All which again (as Polydore
bishop Woolsey), the king reply'd, “My lord Bath, the Bull good, naught;
favour
greatly
lastly, neither those could effected, should thought Quid posset clam fieri quoad forum conscientia Concerning which points, the bishop Bath return speak ing (as find Original from the said
for ine. ” Whereupon, the Bishop represented, the instigation the cardinal; who both That the Pope's captivity hindered suits
hated the emperor, and was averse from the queen, reason her reproving his loose,
aud inordinate life. Though (whatever Poly dore saith,) will appear hereafter, that Wool
sey indeavoured not, finally, the Divorce. Howsoever, some all these causes, the king was much perplext, knowing how decply this affair concerned himself, his pos terity, and kingdom. And because was easie collect what consequence any rumor
this kind might be, not only sent our ambassadors Spain, said before,
lence the noise thereof, but used means pos sible both appease those violent jealousies the “ueen had conceiv'd, and satisfie his people,
that court, and, howsoever, that the process would slow, could not determined
seven years. Besides, that there must three distinct Sentences given three divers judges, the two last chosen for the adverse party. Lastly, that after this, the
Sentence may recalled; Quia sententia contra matrimonium, nunquam transit rem
judicatum adding, conclusion, the knot the business, that the party would Appeal. To which the king answered, “He thought she
would not appeal from the archbishop Can terbury, and the bishops Rochester, Ely and London: for the tediousness the suit, since had patience cighteen years, that
naught, let declar'd, and be
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301) STATE TRIALS, 19 Henry VIII. 1528. -Divorce of Catharine of Arragon. [302
would stay yet four or five more; since the that, what wisdom piety soever our king
opinion of all the clerks of his kingdom, besides
two, were lately declared for him; adding, that
he had studied the matter himself, and written
of and that found was unlawful, jure
divino, and undispensable. ' Businesses stand
ing thus, and probability the queen's doctor Knight's from Orvieto) not grant any fruitfulness since the princess Mary’s birth, Act concerning the Divorce, nor much appearing; and the rather, that Spanish women suffer the cause heard before any judge
many our king's dominions. find also the children; he resolves have recourse the sane letter that Lorenzo Pucci, cardinal Sanc Pope; comforting himself, for the rest, that un Quatuor, being chosen the pope for these dispatching our king's businesses, had told doc inconveniences, than the obtaining Dispen tor Knight, that the Commission penn'd here sation dissolve that Mārriage, which dis England, the Popes signing, might not pensation only had first made. He knew pass, but that had minuted another, which
are observed seldom mothers
other difficulty appeared
"o",
the same key that lockt, could unlock. There the pope (though with some reluctation) had fore thought send Rome, both granted earnestly intreating our king never represent the dangerous condition himself, theless, not put execution, till the his issue and kingdom, and solicite the pope Spaniards and Almains were gone out Italy, for licence marry another. And the ra and himselflest his full liberty. To confirm ther, for that many circumstances had made which grant also, the same doctor Knight,
i. secuting whereof therefore (in
the Bull and Breve, upon which the first Mar letter (dated Jan. 1528), did certifie, that riage was suspected. The pro the king's Dispensation was obtain'd under
might pretend herein, the conjuntura certainly was way auspicious. And the rather, be cause the pope, during his imprisonment the castle saint Angelo, had been requir'd the emperor's name (as find Dispatch
dispatch lead, amply England
dated the Minute sent from
the did contain; and the Commission for the lord Italian; legate likewise was granted sufficiently, though far, not according the form propos'd and that
25th Dec. 1527), was recommended,
cardinal, Gregory Casalis,
which also was required urge
say, that our king could impute the punishment was drawn the cardinal Sanctorum Qua God had laid him taking away his issue tuor. Moreover, tells (as the popes name)
male, upon nothing much, the unlawful that monsieur Lautrech were come, the ness this Marriage; which learned men did pope thinketh might, good colour, say
also generally detest, they held
more than the pope could dispense with (as find they declar'd afterwards, book, which
was sent thither. ) Wherefore, that should procure Commission for hearing and deter mining this cause, directed the cardinal; or, that were refus'd, bishop Staphylaeus,
dean the Ruoota, who had been lately England. And that should furthermore
say, that doubted not, but the Pope would easily grant though against the will
the emperor, that was requir’d the English ambassadors, and monsieur de Lautrech pro ceed the business. All which particularities
have the rather set down, that might appear how the difficulties that the pope made this business, seemed proceed chiefly from hu mane considerations. Which also much
confirm'd dispatch from Gregory Casalis January 1528, where (on the popes part,
and his name) saith, that the kings
conscience satisfied (which alone can Charles; since had granted Charles sis best tell) his course were, statin committat pensation and Absolution from the oath which causam, alian urorem ducat, litem sequatur,
he had taken marry the princess Mary, mittatur pro legato, &c. and, that this was the without much demanding the consent only way for the king attain his desires our king. For facilitating which business, though yet intreated this advice might
letters exchange, the value ten thou taken, proceeding from the cardinal Sanc sand ducats, were sent him also certain In torum quatuor, and Simonetta, and not from
struments for the pope's signing, which were, himself. And this, certainly,
may have prov'd
Commission, ample form,
hear, and thought politick advice, would Decretal, safer and easier for both, than
England. wherein the pope, upon probation
Commission more time caus’d like danger
determine the cause
carnal for two legates; which knowledge between Arthur and Katharine, the kings part,
took
should pronounce the Marriage void.
Dispensation for the king marry another.
any Pollicitation, that the pope will not recall
Gregory
the pope. Howsoever, appeared afterwards, that the king, either out tenderness conscience, considera
of those Acts.
tion the hazard should run, the pope ne would not confirm this Act, thought not
was
gotiate with the pope;
time for
allow thereof; but chose rather demand
from Rome, Sept. 13, 1527,) aw’d Her Knight obtained the procuring whereof also
nando Alairzon, that durst neither give committed Stephen Gardiner, doctor the said knight public audience, nor much law, and secretary Woolsey, and Edward admit private message from him, but Fox, provost Kings Colledge Cambridge; the intervention of the cardinal Pisani. So not neglecting the mean time, both in
and inconvenience
being, (as find
original dispatch doctor Knight, dated larger Commission than that which doctor
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303] STATE TRIALS, 1911 ENRy VIII. 1528. -Proceedings relating to the [304
struct the Pope in his cause, and do him protest his name, that was author
good offices could with Christian princes this counsel. After which they were desired,
states, particularly Venetians, him, proceed §. cause, and and the the merit the
concerning the restitution Ravenna and and qualities the gentlewoman (being,
Cervia; though yet took not such effect
was hoped. Neither did our king forget,
Letter cardinal Woolsey's the protonotary
John Casalis, desire him acquaint the more fear, when another time would have Pope with some domestick and private passa granted their request. Therefore, together ges; which (though out the respect bear with ambiguous answer, which gave them
that vertuous queens memory) cannot but word mouth, sent cipher Letter mention somewhat unwillingly, yet must not our king, much irresolution, that need omit, both for the sake that truth that ought ed no other cover. Howsoever, the com
history, and seems contain soine mission our ambassadors was stay till fur motive the kings intentions. shall set ther order was given, they seemed take down the words Latin they are extant good part. At last our able negotiators, our Record, Sunt nonnulla secretó Sanctissimo urging the aforesaid and many other motives Domino nostro exponenda, non credenda lite the Pope, and again finding the French and ris, quas causas, morbosq; nonnullos, quibus, confederate army puissant and victorious the absque remedio, regina laborat, animi etiam kingdom Naples that time, made no diffi conceptum scrupulum, Regia Majestas nec po culty grant full Commission two legates, test nec vult, ullo unquam posthuc tempore,
uti, velut urorem, admittere, quodcunq; evenerit.
“There are besides some particular reasons
be laid before his holiness private, but not Salisbury. ) Besides, seems granted this
proper commit writing, upon which ac following Pollicitation, Promise, dated
count, well reason some distempers Viterbo, July 23, 1528, which yet. being
which the queen lies under without hopes original-piece, but ancient copy, extant
remedy, likewise through some scruples among Robert Cottons Records, shall
which disturb the kings conscience, insomuch mention but according the credit may de
that his majesty neither can nor will for the serve from the equal reader; only must not future look upon her, live with her his onlit say, that, divers original dispatches,
wife, the consequence what will. ” both before and after, give some touches Gardiner and Fox, receiving their Instruc and that the date for the rest added,
take mistriss Bolen. ) The perplexed Pope,
was in teressed herein, heard them this time with
who knew well how much the
hear and determine the Cause England, being (according the kings desire) Woolsey
and Campejus (not long since made bishop
tions February 1528, repaired first Fran may challenge better credit than thought cis, from whom they readily obtained pro Minute, and much less counterfeit and mise co-operate [. . . ". with the Pope, supposed piece, which also the more proba
yet received them lovingly; though not with out the anxiety one who could neither safely grant, nor deny the request king whom
ble, Pope granted amplier
per that the testimo
for effectuating the kings desire, also
suasory and menacing Letter case refusal nies than this, favour the Divorce; how
the Pope; for complying where with also the soever they were either controlled again, de bishop Staphylaeus was sent him Rome tained the hands his ministers, after that not long after. Our ambassadors having given sort, that our king might well take notice, but the king account hereof, proceeded their neither copy nor advantage them.
journey Italy, and coming last Orvieto,
The Pollicitation.
where the Pope then was, they found him
lodged old and ruinous monastery, his “We Clement, the providence God outward chamber altogether unfurnished, and the 7th Pope that name, having duly weighed his bed-chamber-hangings, together with his with how much justice our well beloved son bed, valued them (as the original Letter Christ, Henry king England, defender hath more than nobles. The Pope the faith, and lord Ireland, hath laid before
thing notorious, publickly known, and evil report, case concerning the nullity Marriage, which did both contract, much owed whatsoever liberty enjoy and facto, consummate with our most dear . ed. Their Instructions for the present, were daughter Christ, Catherine, daughter the
only yet, thank him for the Commission and most Catholick king, Ferdinand Spain,
Dispensation granted this business doctor glorious memory, contrary the laws both
added further, that Gambara, also sir pressed and inserted) our beloved sons Gregory Casalis, our king had gladly under Christ, Thomas and Laurence, the Divine stood, how defects, upon due remonstrance, Grace, Cardinals, Sanctae Cecilia,and Sanctæ should supplied and amended. They were Maria Transtiberim, our Legats Latere sharged also, from the cardinal, privately the kingdom England, from the Aposto
Knight, and after intrusted Gambara his God and man, which thereby grievously agent here (successor unto Melchior Langus, transgressed and having thereupon issued out
our Commission form and manner there ex queen Catherine notice this affair, together pressed (which Commission we hereby con with the Popes secret intention therein. ) They firm and ratifie, much here again ex
was first authorized the Pope, give
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305] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [300
lical See; whereby we did constitute and ap we hereby for that time, will and declare point them (as we do by the tenor of these pre effectually this our Declaration were sents, most fully and effectually constitute and that time made, that every such act and al appoint them either together or asunder) in our tempt shall null and void; and hereby stead to examine, and finally to determine as made null and void, and declared, pro competent judges in this Cause; that we may nounced, and adjudged, force and give the more manifest and evident token of efficacy. --Given Viterbo July 13, 1528, our tenderness and affection to the aforesaid the fifth year our Pontificat. CLEMENT V. ” king Henry, in speedily administring justice, This while, the queen, who understood well and freeing him by our immediate Sentence, what was intended against her, laboured with from that tediousness and vexation wherewith those passions which jealousie the king's the most just causes (by the corruption of the affection, sense her own honour, and the present times) are so far embarrassed, as scarce legitimation her daughter, could produce; to be finished, and finally determined in an age: laying, conclusion, the whole fault the
and being desirous that the Process carryed on, cardinal; who yet was less guilty than the
or to be carryed on according to the tenor of the said Commission, may be firm, valid and irreversible, we do engage, and upon the word of a Pope promise, that we will never by the entreaty, request or instance of any person, or from our own mere motion, or otherwise, at any time grant any letters, breves, bulls or writs of any sort, either under shew of justice, as acts of grace, or on any other pretence what ever, to inhibit or revoke the matter of the Commissions heretofore in the above-men tioned cause issued out, of the foresaid Com mission, or of the Process by these our dele gates, according to the tenor of the former commissions, or said commission either yet formed and made, or to be formed and made hereafter, whereby any prejudice, hindrance or interruption may be given to the full, perfect, final and effectual execution of the said com missions, commission or process, or whereby
queen thought, Polydore would make him. will not deny yet, but out due regard
his masters interests (so nearly concerned this great affair,) well care giving satis
their plenary power and authority have
shall form and carry on. Lastly, we will effec tually make valid, and without refusal, delay any difficulty whatever, grant such let
ters, breves, bulls writs, which may serve any ways strengthen confirm the execu tion the said commissions, commission,
fore-mentioned process, ratifie and esta blish anythings virtue thereof, our fore said delegates decreed, determined adjudged.
And we furthermore engage and promise, upon the word pope, that we will
wise (unless force and violence compelled,
fraud and treachery surprized) injure any the foresaid particulars, act
attempt any thing contrary them, any
them directly indirectly, tacitly expressly, ing the Pope's restraint, had, (under pre mediately immediately, upon any colour tence that was the best expedient for the
pretence whatsoever; but will support and pre king's proposed Divorce) projected
meeting govern and inviolable. And farther, (which God ment the Church, where himself intended
present; so, now, since the king liked
not that course, and that the Pope was free, X
serve and every them firm, valid, fixed, of
Avignon,
for
settling
the
attempt any thing any wise against the premises, any them
forbid) we should act WOL.
his conscience, which seemed much might comply with the kings de the single author counsel,
faction
troubled,
sires; but
which might turn much prejudice, when the king should die, more than may
easily believed Woolsey. And this
neither suspected him much abhorred the queen, nor that danger her practices which
last his ruine. The first who gave the cardinal notice the queen's displea sure (as find Letter his dated Fe versham, July 1527, then his journey
towards France,) was the archbishop Can terbury; the consequence whereof much apprehended, that thought use means for satisfying her. Therefore pre sently laboured with the abp. persuade the queen, that whatsoever she heard this kind,
cautious person innocence, perchance,
any them may any wise revoked,
opposed retarded the whole, any
part them; but we will preserve entire,
ratifie, confirm and defend purposes with
our utmost power and authority, most effec was intended only for clearing the surmises
tually the commissions and commission granted the bishop our foresaid delegates, and the Pro writ also
cess which the said delegates according the quench
tenor the said commissions commission, text. But the queen had sent those agents
was the reason that
self
stand
yet procured
Tarbe, formerly mentioned. He our ambassadors Spain,
rumours there, upon the same pre
abroad, (and amongst them, one Abel, her
chaplain) who both informed her that passed, and engaged the emperor assist her
the uttermost his power. Therefore the Pope stood more and more suspended. The pace Campejus (the promised legate) also appeared staggering and slow; and that might frustrate the king's intentions, was se cretly practised. This while the cardinal,
(who out the king's designs would ever pro duce and subrogate some particular end his
own, whereof, either point might make advantage) had
glory profit, disposed this mediate the
the Divorce, thereby
Pope's entire delivery, not only from the guards, but even fear the emperor. Again as, dur
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307] STATE TRIALS, 19 HENRY VIII. 1528. -Proceedings relating to the [303
he persuaded him to erect some Cathedral secretary, for the Latin Tongue) Rome;
churches in England, at the price of throwing (their Instructions general, being signed with
down more monasteries. Whereby it appears, the king's own hand) were dissuade the Pope
both how busie this Cardinal was, and how from entring into any League with the emperor, much he studicq his own ends. For as he whose design was (he said) divest the Pope
knew this would please the king (who began his means and authority, the forcible to think that religious persons might serve God bringing one Angelo, cordelier, be
as well in defending the kingdom, as praying Pope, who should not intermeddle with secular
for it,) so he assured himself the authority thereof would be derived on him chiefly ; and the Pope, in the mean time, obnoxious, while he could not but fear how far those inno
vations might extend. When this project there fore was moved to the Pope, I find by a Letter of the protonotary John Casalis, Oct. 30, 1528, that he answered, gravely, he liked the design well ; but that he would proceed deliberately,
because it was ad perpetuam rei memoriam. Therefore he desired the two legates (for Cam ejus was by this time come) might be joyned in determining this business, and that all the
revenues of the monasteries might be conferred on the new bishops; and that the two legates,
jurisdiction, and the patrimony the Church;
which therefore the emperor would take him self and usurp. For preventing whereof, the king wished him keep guard, offering
his own and Francis's name, contribute thereunto. They were commanded also, search privately for certain pretended Breve,
Rome, (said Supplement Confir mation the Bull Julius and authorizing the Marriage with queen Catherine) since was not found the king's Records. Fur thermore, they were required discover (in the name third person) whether, the queen entered religious life, the king might have the Popes Dispensation marry again,
having advised with the Pope hereof, should and the children legitimate, and what
afterwards nominate them. So that it seemed
precedents were for it? Secondly, whether
the king (for the better inducing the queen thereunto) would promise enter himself into religious life, the Pope might
the Pope held it fitting to comply with the
king a little at this time, since Gardiner told
him plainly, that he had in his Instructions
these words to tell him, “Necesse est supprimi not dispense with his vow, and leave her
pro serenissimi Regis Collegio Monasteria cujus there Thirdly, this may not done,
cunque ordinis :’ in conclusion, a Bull was granted for applying the Revenues of some
small Monasteries for maintenance of the king's colleges in Cambridge and Windsor Castle; the
copy whereof is extant in Robert Cotton's Library. may doubted yet, whether these apprehensions, that were now, more than one kind, given the Pope our king's declining the absolute authority the Church
Rome, did dispose the Pope more oblige disoblige him. For, though the Pope had reason fear, lest he should lose his ancient
jurisdiction this kingdom, denyed; yet
might doubt well, that adhering too
much that side, might offend the emperor
whether can dispense with the king have two wives, and the children both legitimate Since great reasons and precedents, especially
the Old Testament, appear for All which
they were with that secresy and circum spection, that the cause might not published,
propounding the king's case always therefore another man's. Lastly (as other Instruc
far,
hazard the loss his own. He therefore, once treats with the cinperor
Pope now more than ever disposed favour
perfect peace and amity, and together reco
vering Cervia and Ravenna, and effecting the emperor: insomuch that they observed certain other designs which had Fiorence; daily new delays and restrictions him. Some and grants (as
large Commission
yet, effect,
might see was not out his power check
tions) sonne kind menaces were
But persuasions and terrors wanted not the other side; which did much more prevail with the Pope, the danger was more imme diate and pressing the emperor's part, than
our king's. Therefore our ambassadors were far from obtaining any thing, but what was
formerly granted the Commission cardinal Woolsey and Campejus, that they found the
abovesaid) appearance whereof (besides the evidence our Records) Woolsey and Campeius; Sanders doth confess, while saith, that the
restrained, the emperor
Pope, four several messengers Campeius
revoke And this was that Gregory
Casalis and Stephen Gardiner, after much im portunity, could obtain. They moved the Pope could
also canonize Henry (which find was formerly proposed Alexander Henry 7,)
which the Pope answered, ‘That the
That persuade
(now his way) gave him charge That should make easie journies. That when
England, should labour he reconcile the king and queen.
this could not effected, should her enter monastery, and take her religious lite. Lastly, That when this
came
Win could obtained, should give definitive par Sentence for the Divorce, without express their commandment from him, hoc (saith he] sum
archbishop Canterbury, and bishop
chester (who had examined the matter
tibus) did send the process thither,
Commission required, the Canonization should mum marunum tibi mandotum. Campe follow shortly atter. ' Businesses standing thus, jus thus instructed, protracts things; whereat our king thought send Francis Bryan, though our king seemed scandalized, sus knight, and Peter Vannes (an Italian, and his pecting came from unwillingness, yet, being
added.
it
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309] STATE TRIALS, 19 HENRY VIII. 1523. -Divorce of Catharine of Arragon. [310
an active prince, he made use of that time to causes matrimonial, the presence of the parties negociate in Spain for recovering the Breve, to be examined, being required for the most (of which above) commanding the bishop of part, the emperor might easily imagine how Worcester, and doctor Edward Lee, by unfit was for the king and queen personally means procure At length (and not be Rome, especially that time. After fore the beginning Oct. 1528) Campejus this, the emperor commanding the Breve
coming through France, and being conducted read, the ambassadors required notary thence into England, John Clark, bishop allowed them, for setting down the whole pas Boath, our king's ambassador there, came sage this business, together with their Pro London: where, being our cardinal pre testations. But notary but the emperor's
sented the king, publicly acknowledged being permitted, the ambassadors were forced the name the pope, cardinal, clergy, and accept him, desiring notwithstanding their Rome, that our king was Liberator Allegations might set down apart. Here
Shortly after, obtaining
rbis. audience
upon the emperor told the ambassadors, that
express messenger our him continue his Match, refusal, protest against the some religious life. For which many pretexts Divorce. Our ambassadors yet persisted still
the queen, took occasion both acquaint
her with her danger, and persuade her there
upon renounce the world, and enter into and, case
wanted not, (as find our Records) she hav urging the emperor, for his own sake, ing been observed, since the Commission ob send the Breve for England; lest the Judges, tained, allow dancing and pastimes more wanting sight thereof, should proceed against than before. And that her countenance not the queen, otherwise, that would send
only court, but the people, was more the said Breve the Pope. The emperor re chearful than ordinary; whereas was al plyed, that therefore would not send
ledged) she might more sad and pensive, For considering the king's conscience was unsa proceed
should come her company. But the of. would not fear send England.
fended queen replying peremptorily, “That Letter also, the 20th April 1529, they cer she was resolved both stand that Mar tifie the king, ‘That the emperor intended
riage the Roman Church had once allowed send both England and Rome, make his and, howsoever, not admit such partial Protestations against this 1)ivorce; and that
judges they were, give sentence her would not send the original Breve. Fur
cause. " Campejus writes Rome, both thermore, that required our king, according
inform the Pope hereof, and desire farther Article former Treaty, fall upon
Instructions: the Answer whereunto the Pope Francis, perturber the publick peace.
yet long deferred, that very near six months Lastly, because the said ambassadors had
passed before the two cardinals sat their heard, and considered, large, the Breve,
tisfied, and that had refrained her bed, and the Pope
was not willing the lady princess, her daughter, ters were now they were heretofore,
Commission.
This while the bishop Worcester, and Dr. Lee, having given the emperor overture
they sent their Objections against it. ” Which,
the Divorce, did (by Letter dated Sara tually set down,
gosa, April 1529) return our king this An original letter, written
swer, the emperor's part: “That was read, find deciphered our Records. sorry understand the intended divorce, “That where pretended the Bull and adjuring our king (for the rest) the Sacra Breve impetrate one day, either they ment Marriage, not dissolve Or, were impetrate
he would needs proceed therein, that the hear and then
ing and determining the business yet might suit, being
be referred Rome, General Council, and not decided England. ” Adding further,
That would defend the queen's just cause. ’ Wherewith, the pretended original Breve was produced, and transumpt copy thereof (signed three bishops) offered them, send
one suit, and one man not thought, but that this great importance, was com
think that one man, the suit for both, would
prince that piety, that ought not
adjured and for the Breve, that was jewel.
belonging the king and queen only, and more durable remain; and, that the two
one man, hard England; but the Breve itself was denyed, being instructed
less moment Bull,
for fear (as said) miscarrying. To which our ambassadors answered, That our king was
put the dispensation
and greater moment Breve, seeing the one might facilly impetrate the other, and that the dispensation lead
would send king, intreat
miscarryed, the Judges might then they would but for sending
being one the grounds
ing this great altair,
the king's proceed have thought punc
would advise. And that, mat
the
mitted such one, could perceive, that the Bull, not containing large dispensation
the Brewe, superiluous, (supposing the Breve necessary. ) the one were im
petrate after the other, and the suits made
any other from them.
kings were bound impetrate Bulls, and not Rome, needed not Breves, whereof they that had such Com
not detained
And for appealing
since authority
was already given from thence cardinal And these suits were made divers persons, Woolsey and Campejus. Besides that, and several commissions, there reason
determining that business mission (as seemeth) could not ignorant.
they are extant cipher, and thus
byif
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311] STATE TRIALS, 19 HENny VIII. 1528. —Proceeding relating to the [312
the king your father, than your highness. And although then inight have been impe trate your highness's name, yet could not have been done there without knowledge and consent the king your father, and also
his setting forth. And, any his intervention and consent had been this matter, would
not have bound king Fernando, and likewise
can be alledged, (the impetration being in one day) why to two several persons several com
missions should be given herein, the thing re quiring no haste, the Marriage following five or six years after; but more likely it the Breve were then obtained indeed, that was procured secret practices not known
parties quorum intererat scire consentire;
for, both the parties consenting, think there have been bound himself, get Bulls Dis
can sufficient cause alledged, why, the thing being done common consent, the
Breve rather than the Bull should have larger
dispensation; for what needed two divers suits,
with divers commissions, both the parties two Bulls reserved their archives, should were agreed upon the suits? Especially the also this Breve have been, which indeed was impetration both being one day. —-2. Sup not there found, hereafter shall shewed, posing
the queen
cognita
impetration for much vain, (viz. quod Re
have sworn, quod nunquam fuit Principe Arthuro; the cause the
chives. Wherefore may that there was such obtained
well reckoned,
gina cum Arthuro principe matrimonium car
mali copula consummaverit. ) this true, folks first said, that was found Archivis
appeareth that that sued the Breve had Regum Hispaniarum, appeareth my
no commission the parties, for they would lord cardinals graces Letters; and now, forget not give him commission impetrate dispen ting themselves, the emperor's chancellor and
sation for cause not true. —3. Supposing Perinot have confessed that was found true, that master Abel saith me, that among the Writings doctor Puebla, which the queen never heard such Breve, before was orator Spain, England, the king's the emperors orators there presented her; days most noble memory your father. how can stand, that reported the Breve, Which contrariety maketh appear that they quod impetratum est Breve Regina instan not upright. nephew doctor Pue tiam 2–4. your highness had made instance bla’s being there, have written our com and supplication for the same Breve, not mon Letters the 5th April, and now do
ensation. And surely may thought, that,
the king your father consented, Don Fernando Spain did the same, that cannot
doubted, but that they say here, they have
true, that master Abel saith, nor any such found your highness's ar
the king your father. —And
eth the Breve suspect, that the emperor's
the consent 7thly, mak
i. thought that should far out remembrance, the causes impretation
again; whom peradventure some light might
eing such, your highness might and could,
anon, reduce the same. —5. were and great sage council, men singular
impetrate the instance your highness, and
the queen's grace, cause why should
sent into Spain king Fernando (as the
emperor's folks first said, but now swerve) and not your highness, and the queen's grace.
any will suppose that was done your con sent, reason agreeth why you should consent
wisdom and learning for purposes, may well conceive that, ever any Dispensation for Marriage had between your highness and the queen were sent for, that her grace was examined esset cognita principe Arthuro an non And that, fassa est, that the two kings would have provided therefore Dispen sationem Bulla, they were bouud. And
the other side, negavat sefuisse cognitan, nihil erat opus Brevi quoad, &c. And for the
thereto, and not rather keep hands, than send the custody And yet, you did consent,
your own another.
cannot
thought, but that should remain your re second part the Breve, cannot suppose
membrance, the firmity your Marriage, that your highness, that time which the date and discharge your conscience, with other the Breve pretendeth (your highness being things, touching highly your succession, stand then not much more than years
ing therein: and may supposed moreover, age, and the king your father living) need any
that some writing the should remain there, which Considering that the king
deposite thereof Dispensation that party. And none not found—6. needed then, why should your highness then most noble me make instance for any, which supposed the
Inory, your father then alive, your highnes not Breve? –9th. this Breve were impetrate
the days Dr. Puebla; the being thereof long his hands, and the manner keeping
|.
being the date the Breve past 15,
age,” [for the Cipher is; though ing Henry was then but 12, and something more, conceive these figures were ciphers
the same, giveth new conjecture that
thing cassat; for the thing being much only, signifying his true age unless perchance importance, touching nigh your highness and
the cipherer decipherer did otherwise mistake “it may well supposed that your high
the queen, why should keep it; specially long? for lived England after the date the Breve years, and died there, not long after the king your father. Who can
ness was not then much solicite the impetra
tion such things. And that, any such Breve
should have been impetrate that time, that ra think that such king, and such council, ther should have been done the instance would have suffered the Breve be out of
had. —8. Whoso considereth the high re
king your father, nowned wisdom the said
it of
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313] STATE TRIALS, 19 HENRY VIII. 1528. —Divorce of Catharine of Arragon. [314
their hands, in his hands, that time, the ceptions were, find another Letter,
Breve had been known them necessary for dated from the same ambassadors
this Matrimony, and any value And, said, the manner keeping thereof seemeth confirm the same; which manner keeping
dinal that there were rasures divers hands; names false written, rus pro Arthurus; the date false;
the car it;
conjecture two things: one, that was Dec. 26. 1503, which, according the date not kept case tin, after the manner Breves, beginning Dec. 25, was almost year Breves; for only paper they did exhibit before Julius II. was pope. was observed
twice. Another, that the superscrip likewise, that the seal swelled the middle, tion appeared slubbered, reason often and appeared like some old seal newly clapped handling, peradventure lying among many his on. And thus much out these Dispatches writings and old letters; wherefore, although those able negotiators, the bishop Wor were then impetrate, yet seeneth that took cester, and Edward Lee the king's almoner;
cassat, and void, peradventure surrep who, sending the transumpt the Breve the
titiously head, any king, April 23, Letter the 12th June obtained his own without
iii. ;
commission or consent of the parties. —10. following, also certified our king the send
the emper ing Gonzales Fernando, the emperor's chap or's chancellor and Perenot say, they have lain, the earl Desmond, Ireland, to divers Letters and Writings the said Pue gether with the return chaplain the said
bla's, concerning both the first Marriage and earl's his company; the emperor seeming second the queen's yet, because they ut take this intended Divorce much heart,
Another suspicion that,
have &l.
gathered; that his Answer implied, that they have none other. —11. any such Breve were impetrate that time, the knowledge
and consent both the kings, likely that either of them should have one. Let them then
here bring forth the Breve Archivis suis.
they will say, this what likelihood
that should sent into England, come
into Spain For this Breve, were Dr. prince living. ” To confirm which also, de Puebla's custody, came out England after caused Anne Bolen depart the court,
they any thing specially
that Shortly
thought
tered not that
concerning this Breve,
have forgotten say, for much
for their purpose, there had been any such) moved upon that suspicion, demanded them, and divers times the same, whether they had any special letters concerning the Breve? They could not, did say that the had but the emperor's chancellor answered, That the Breve was enough. Whereupon may
which, Worcester repealed.
they
would not maketh
after
find also the
give our king this jealousy.
bishop
Arthe being
his death, with other his writings; which
think his nephew there confess that
was found amongst other his uncle's writings)
will also confess. say, why was sent into come the ki§ng any more, till her father England not doubted, but Don was commanded (not without threats) bring Fernando had an ambassador the court of her thither. Who representing the common
Rome, which might easilier and nearer way danger them obtained
length have sent into Spain. Wherefore, they (though not without much difficulty) the con cannot, out their archives, bring forth sent his unwilling daughter return; where suc yet she kept that distance, that the king might
was now mid-May 1529, when our king,
The 12th suspicion against the Breve children, might easily drawn from him, self; that, whensoever was impetrate, was did resolve, without relying any longer
such Breve, their diligence custody
things supposed, and well deprehended
custody two Bulls, (for some the secre taries said me that they have two) they may,
This while, the common people, who with much anxiety attended the success this great affair, seemed, betwixt pity queen Catherine, and envy Anne Bolen, (now appearing
the king's favour) cast out some murmur ing and seditious words; which being brought the king's ears, thought protest pub
lickly Assembly Lords, Judges, &c. called his palace Bridewell, “That no
thing but desire giving satisfaction his conscience, and care establishing the Suc
cession the crown right and undoubted
line, had first procured him controvert this Marriage; being (for the rest) happy the
affection and vertues his queen, any
such abrupt and discontented fashion, that she determined absent her self altogether. Neither could she induced (as Sanders hath
the easily perceive how sensible she was her late dismission.
this, gather (themselves) that there
such, any otherwhere, any effect and League with the emperor, and judging wisely value. ” also, that Francis, upon the restoring his
either their promises, take the best course could, for giving conclusion this busi ness. And the rather, that matters seemed writing such things; and some defaults daily more and more indisposed for that con the writing; such, my lord Worcester clusion desired. For though Campejus, ac saith, hath not seen committed any Breve. cording the order had from the pope (as And, trusteth prove, the date shall find dispatch John Casalis, dat. Dec. utterly condemn the Breve. And these Ex 17, 1528. ) did both persuade the queen Di
not duly impetrate, may gathered divers things the same, and about the same; the hand some learner, and not one exercised
understanding how the Pope intended strict
in of
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of
be
to
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;
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315] STATE TRIALS, 19 Henry VIII. 1528. -Proceedings relating to the [315
having dinal Woolsey should along with him; not
yet pope and cardinal, but two legates, ambassadors, for concluding peace. But
this journey mentioned before, being the absolute decision was interrupted
vorce, and dissuade the king from
either way the end both. Nor would
proposed
(as find
yet
dispatch) out
failed the same his hand the decretal Bull
least were really intended) the sickness the pope, the Cause, (the Dispensation being relative which was thought desperate, that eur car the queens entring into religion, other dinal, Feb. wrote Stephen Gardiner (then
dissolution the Marriage;) regard (as the Pope pretended) was got the importunity
the said Casalis, that desired the cardi written with much earnestness for him, that nals should proceed according their Com though the convalescence the pope did frus mission, but that the Bulla Decretalis should trate this design, Stephen Gardiner yet was
means shewed any the kings wished keep the Letter omnem eventum. counsellors, other person whatsoever, though find also, order was given, that Woolsey
upon oath secresie; being sufficient that could not chosen, the cardinals which were the king and cardinal had seen already, for him (being third part the whole number) Campeius hand. How our king yet was satis should put Protestation, and departing the
kept the Bulla Decretalis, secretly, his engagement the Spaniard (whereof,
well from his cardinals; fearing lest Dispatch from the pope the emperor July 21, the emperor should call him council 1528, that came our king's hands, there
for For the more caution, taking order mention) did hold him off; find after this that the memory should raz'd out time the Pope more averse than ever. There
cardinal Woolsey, with intention that
should shewed the king and cardinal
only, arrha token good will,
and afterwards burnt; protesting nevertheless nal had obtained the French kings letters,
fied with this evasion the Pope, appears conclave, should some scoure place proceed not me any record, more than election, notwithstanding any made
no
still solicited the Pope, that might ex Rome. But, whether the Pope
hibited publickly. Howbeit the Pope, who tice this untinely ambition our cardinal, had other thoughts, told our agents, that were now offended with him, that otherwise
Rome) that, means, should procure
the papacy for him, being (as affairs then stood)
the most indifferent and equal that could
found christendom. To which purpose also, besides our kings recommendations, the cardi
o;
his archives. And, not staying here, (as fore, notwithstanding design his, that car find our Records) commanded one Fran dinal Woolsey and Campejus, having finished cisco Campana (his servant) into England, the business the Divorce, should afterwards
É.
indeed charge Campejus
confer with the king and cardinal, conclude universal peace, yet that
burn the past this affair afterwards (on his part) was
little more than illusion. Which sir Francis Bryan discovering, Dispatch our king, plainly told him, good was done;
Cervia and Ravenna. Our king conceiv which our king also believing, had commanded ing hereupon, that these difficulties the Gardiner threaten the pope with his solici Fomade, proceeded from the fear which tation the princes Almaine. Among
Decretal. For colouring
finally objected our king that
which,
had not kept promise with him, about the restitution
particularly
Francis whom find George duke Saxony
had the emperor, sends
Bryan, and Peter Vannes again,
his offer guard thousand
thousand men, kept the cost the useth more than one menace; though much French king and his, whereof the Comte Tu vain, that, conclusion, advised our renne, and Gregory Casalis should cap king proceed upon the Commission given tains; and, the mean while, that general the legates, the Pope being (as alledged
peace should treated But whether the pope, being late enough offended with the guard which the emperor put him, would
not now accept them from any other prince
April 21, 1529), awed the Cesareans,
had rather suffer much anothers name, than any thing his own. To incourage him the more also, Gardiner calls the Breve false and counterfeit, being not found
the registers Rome. Moreover, for se conding this advice, Gardiner, another I-et ter, May says there was danger recalling
thought them too slender defend that would argue partiality
renew (the Lutherans vain opposing have per two suaded the Divorce. Gardiner, hereupon,
that him;
seemed still fear the emperor; insomuch, ters from our agents. Whereof Gregory Ca that Dispatch from Gregory Casalis, dated salis, dispatch June following, gives Jan. 1529, find the Pope for the better reason, these words the Pope who, be making both own, and general peace, ing that time more slackly relieved from the pecially betwixt Charles and Francis, (which confederates than expected, and divers
also followed Cambray this year,) declared his subjects (for the rest) arms against him, cardinal Woolsey, thought necessary said, Malle sese preceps dari, Caesari,
himself person into Spain, and that car Stahulo, neaum Sacris inscrwire, quan in
these terms; that otherwise
any thing
had made his private peace with the emperor,
(which certainly was the truth,) not find the Commission given Woolsey and Campe the pope accepted this offer. Howsoever, jus: which was confirmed divers other let
goto
or he
of
ut
all
by it.
ke
by to to no
of
to of
in
in
as
on of to
of or by be
as anbe
let go
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all
to
of be he
at hisI to
it
in sir
a to to to
all
of
3, by or
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of a orof. a
to es he hedo ;
in he in
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it
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to
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do
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& ; ofto he to toto
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317) STATE TRIALS, 19 Henry VIII. 1528–Divorce of Catharine of Aragon. [318
feriorum hominum, subditorum, vassalorums; whence those parts controversie hath arisen rebellium injurias sustinere. The remedy which hath perplexed the minds men, and whereof he expected only from the emperor. held them suspence and expectation, what So that not only fear, but even hope making justice and equity will determine case
him obnoxious, he did, for more than one rea son, incline to the emperor. Our king also,
being well informed hereof by certain excusa
tory Letters from Rome, and that a Treaty be ceed some quick and speedy determination twixt the Pope and emperor (whereof there herein, avoid that danger which must un shall be mention) was already upon term of avoidably ensue upon deferring But since conclusion, and an interview appointed; gave we, whom God has appointed Servant his order first to recall Gardiner and Bryan; yet Servants, administer men impartial so as he neglected not, at the same time, to justice judgment and truth, are not able send William Bennet, Dr. of law, to Rome, to our person inquire into the truth the fact,
hinder the advocation of the Cause; whereof and examine this Cause our selves: considering he was so jealous, that he intercepted not only likewise that the fact, concerning the right
those dispatches which were sent to Rome from Campejus, or any else, but even those in
telligences which queen Catharine should give to her aunt the lady Margaret, governess of the
which the present debate may with more certainty, speed and expedition inquired in
and examined there than here; farthermore, being desirous, that that kingdom, which has
Low-Countries. So that now our king, finding always shewn the greatest affection and obe his conscience unsatisfied, his nobility in sus dience the Apostolical See, matter dis pence, and the people murmuring at these pro sention may taken away, the bond peace crastinations in an affair that so much con and love strengthned, and the blessed har
cerned the Succession, charged the two cardi mony mutual charity, which has many nals to proceed; as being satisfied by a parti years continued, may still flourish, and con cular discussion of this business before arch veyed down posterity; and Decision may
peculiar nature, and great moment, not yet tryed any publick court ecclesias tical judicature, that but necessary pro
bishop Warham, and divers the learnedst men of both Universities, at Lambeth, that his cause was fair.
made the above-mentioned Cause, con cerning the foresaid Marriage, according the rules justice, judgment and truth, whereby this Dispute may, most expedient should, obtain firin, valid, certain and speedy
And now, publick notice of a solemn hearing
being given, the court was appointed to
the queen chusing archbishop Warham, and conclusion and end. For these purposes, we
Nicholas West bishop Ely, doctors the law, and John Fisher bishop Roshester, and Henry Standish bishop St. Asaph, doctors
hereby give and grant plenary authority, and most ample power and commission your eminences our own stead either both jointly,
divinity, her council, &c, according the case unwillingness, any other impe permission the king gave her that behalf. diment, either you singly; that, being sub The passages whereof, out ancient and ject the authority and jurisdiction court authentic Record parchment, subscribed person whatever, nor liable any Appeal the three notaries (used this business, and Question concerning your jurisdiction; you remaining the custody that great antiquary, hear and examine and every thing which
sir Henry Spelman, knight,) shall set down,
with much particularity, the context my History will suffer.
may relate the validity invalidity the
tion whatever, The place appointed for hearing and deter before you, and
mining the Cause, was great Hall Black Fryers London, (commonly called the Par liament-Chamber. ) The time, the 21st May 1529. The Judges, the two Cardinals
above-mentioned, whose Commissions have thought set down large:
“Clement bishop, servant the servants God, our beloved sons Thomas archbishop York, cardinal Sanctae Ceciliae, and Laurence
Campejus cardinal Sanctae Marie Transtibe rim, our legats latere from the Apostolical
See the kingdom England, health and
proceed judicially, without tumult disturb
apostolical benediction. The relation very shall pronounce and declare finally that they many persons undoubted credit hath reached are, and ought held and like manner our ears, concerning the validity that Mar concerning the said Marriage, you shall,
riage which our beloved son Christ Henry either party required, define, determine, and
king England, defender the faith, and lord nally sentence the same valid, just, lawful Ireland, Dispensation the Apostolical and firm, the other side unjust, invalid,
See being first had) was known have con and unlawful, and thereupon that and ought tracted and consummated with our dearly belo void and null, and therefore you ved daughter Christ queen Katharine, from there declared invalid, unjust, unlawful, void
said Marriage,
any Apostolical Dispensa
exhibited and produced other things, matters, cir
cumstances, allegations and causes, which may any ways relate to, and concern the said Mar riage, and the said Dispensation: and that you
par ties concerned and knowing the case the said Marriage, and the validity the said Dispensation; and shall you appear, that
any such Apostolical Dispensations shall be sufficient, effectual and valid, invalid, inef. fectual, unsufficient, surreptitious arreptiti ous, any account null and void, such you
ance, summarily and plainly examine
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319] STATE TRIALs, 19 Henry VIII. 1528–Proceedings relating to [320
and null, either side pronouncing Sentence, they would notwithstanding proceed execute shall appear most just, according the laws their Commission; for which purpose the
reason, and the dictates your own consci ences; and shall thus appear that the Dis pensation invalid, and the Marriage null, that you judicially, deliberately, summarily and clearly, aforesaid, pronounce Sentence Divorce, and grant Faculty and Licence
the Lord the foresaid king Henry and queen
abovementioned bishop Bath and Wells, was employed; but she, refusing, pronounced Colltumacious.
Certain Articles were then put the gates, against our king and queen Katharine,
the principal substance whereof was, that prince Arthur did marry, and carnally know queen Catharine, confirming also this Marriage
cohabitation with her till his death. After which king Henry being brother, did marry
Katherine marry again. And we create and depute you jointly,
said any ways hindred) separately
hereby above our stead
execute, finish, fully and finally determine the said lady Catharine, An. Dom. 1509, any the things contained this Com Jacie ecclesia, and had children her; which mission ample manner, that whatsoever Marriage yet being well Divino Ecclesi
we our power and authority could have done asticojure prohibited, and (unless may
the premises, that you are hereby enabled otherwise made good) reputed self
fully and effectually. We likewise nullum omnino invalidum, had caused huge
our own certain knowledge, our aposto scandal both
the clergy and people Eng many other places, insomuch that the pope's ears, who taking no
lical authority, and the tenor these pre sents, grant you power and authority pro nounce, sentence, and publish, shall you seem convenient, that the children the first Marriage well the second are legiti mate; and that you confirm and establish the legitimacy both sorts, either censures and ecclesiastical punishments inflicted
land, and
doctor Taylor, archdeacon Buckingham, examine the witnesses; while themselves call ing for the Dispensations that were alledged
support the same: any General Councils, Apos favour this Marriage, certain Bull and tolical Canons, publick Ordinances Decrees Breve were exhibited, which have thought
tual sanction, any other more valid and
thought of, contrived strengthen, and effectually
effectual method form that can
hath come
tice hereof, gave Commission those cardinals
hear and proceed this business, according the importance
This being done, the queen cited second time appear; which she refusing, pro nounced again contumacious. This hindered
the gainsayers, way decree and perpe not the court yet proceed, and appoint
whatsoever the contrary notwithstanding. — Given Viterbo the year our Lord 1528, 6th the Ides June, the fifth year our Pontificat. ”
set down length they are extant the same Record.
The Bull being sub plumbo, more Romanar Curia, was original; but the Breve was only
After the Commission was read, our Chroni
cles say, the king was called, and appeared
personally court, whose feet the queen notary, Authoritate Apostolica; and with the
prostrated her self, demanding justice, right, and pity, &c. But now come the authen tick Record. find the king and queen were
bishop Longland, the kings confessor, cited appear upon 18th June next ensuing. The king (for . . " his time,) gave Richard Sampson, dean chappel, and John Bell, doctor the decrees, Commission sealed green wax, and dated at Greenwich, 15th
seals Balthazar Castiglione the Pope's nuncio, and the reverend father God Al
June; which tors, with authority and Judgment
constituted them proc ter
refuse accept the Court dinand and Elizabeth, most Catholick king and
copy subscribed and signed with the hand Juan Vergara, canon Toledo, and publick
fonsus
Fonseca, archbishop The Bull.
Toledo.
the servants
son our most
“Julius Bishop, servant God, Henry,
dearly and
. . . &#.
the two cardinals, and, queen Spain and Sicily, health and aposto were, Appeal; allowing also to lical benediction. The supreme authority
need
substitute other proctors binding himself the Pope exercises power granted
nally sub hypotheca obligatione bonorum, above, shall seem most wholsom and ex ratifie what they should do. , But the queen pedient Christ, according the difference using shorter way, appeared person, pro persons, things, and times. Your Petition testing yet against the cardinals, incompe lately exhibited did set forth that you, tent Judges; requiring further, that this her daughter Catherine, and Arthur (eldest son Protestation might recorded, and de the most illustrious and our most beloved son
them
parted presently out the court. This while the cardinals, who took into their Commission John Longland, bishop Lincoln; John Clark, bishop Bath and Wells; John Islip, abbot
Westminster; and doctor John Taylor, master the rolls; sent unto the queen let ters monitory; declaring, she appeared not,
our beloved son
beloved Christ Henry king England,
our beloved
our most dearly beloved Christ Fer
#.
Christ Henry king England) since de
ceased, for the better preserving and continuing
the Leagues and Treaties peace and friend ship between our most dear son Christ, Fer dinand, our most dear daughter Christ Eli zabeth, most Catholick king and queen Spain and Sicily, and the foresaid king and queen
daugh
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*~ TRIALS, 32. 1] STATE
19 HENRY VIII. 1528. —Divorce ofCatharine of
Arragon. England, did lawfully contract a Marriage in The BR eve together with the Asseverations
words de prasenti, and did perhaps consum mate it by carnal knowledge, which prince Ar thur dyed, leaving no issue by the said Mar riage; now whereas your Petition did further set forth, that to the end that the said amity and good friendship may be still strengthened and continued between the foresaid kings and queen, you did desire that a Marriage might be contracted between you, in order to which you did supplicate that we would of our apos tolical grace and favour grant you a sufficient Dispensation on account of the premises; We therefore out of our hearty inclination and earnest desire that peace and concord should ever flourish and remain among the faithful
[322
those who subscribed - “We Balthazar Castiglione Mantua,
Notary the Apostolical See, and Nuncio
the said See, the kingdom Spain, and
other territories and places subject the tem
Christ, but more especially among Catho most holy father Christ, Pope Julius
lick kings and princes, hereby absolving you and either you from sentences prohibition,
happy memory, form Breve, under the Seal the Fisher; which Letter was shown
the presence most sacred, and imperial, and most catholick majesty Charles, the grace God, elected euperor the Romans,
suspension, excommunication, and
clesiastical censures and penalties sion pretence whatever, either
other ec any occa any person
law inflicted upon you, that forementioned may be, suit yet depending
cancelled, nor any account part suspected, but free from manner
suspicion colour deceit. The outward
superscription which Letter was this man
hereby judge you absolved, compliance with your reasonable request,
and we
poral dominion their most serene majesties
Charles elected emperor, and Joan, most Ca
tholick king and queen, and Alfonsus Fon seca, the grace God, abp. Toledo, pri
mate Spain, and high chancellor the king doms Castile, and every oue whom these presents may come and whom the know ledge thereof may any ways concern. Health
the Lord. Know that we formerly re ceived with all due reverence the Letter of our
the case being whole and entire, ways viciated nor
our apostolical authority, out our meer and
special grace and favour, the tenor these ner: “To our beloved son Ilenry, son our
presents dispense with you, that any most dearly beloved Christ Henry, king impediment through the foresaid affinity be England, and our beloved daughter Cathe tween you, any apostolical constitution, ordi rine, daughter our most dearly beloved nance pretence whatsoever notwithstanding, Christ Ferdinand and Elizabeth, most catholick you may lawfully contract marriage together king and queen Spain and Sicily. ’ And the per verba praesenti, and when con contents of the Letter within was this effect
tracted, although should already have been Julius Pope, sends you, dear son and dear cither publicly and openly, privately and daughter Christ, health and apostolical clandestinely contracted, and perhaps carnal benediction. The supreme authority the
knowledge consummated, that you therein may lawfully continue and remain, and we
the same authority absolve and free you and either you from Censure and Sentence Excommunication, which you may have
further pronounce
riage, your confessor, you both either you appointed, therefore lay upon some wholsom penance, which you are here obliged do. Let therefore mortal man
resume infringe this our Sentence Abso ution and Dispensation, with rash boldness
contradict our will herein; and any one
Pope exerciscs power granted from above,
shall seem most wholesome and expedi
ent Christ, according the difference
persons, things, and times. Your Petition
lately exhibited did set forth that you,
shall
having facto entered into this con marriage before this Dispensation; and
daughter Catherine, and Arthur (eldest son the most illustrious and our most beloved son
curred
tract
we
mate, either already yet
said marriage, either now
contracted. Provided that you (daughter Ca ship between our most dear son Christ tharine) have not force and violence been Ferdinand, our most dear daughter Christ hereto compelled provided also, that you Elizabeth, most catholick king and queen have already actually contracted the said Mar Spain and Sicily, and the foresaid king
the children legiti born from the hereafter
Christ Henry king England) since de ceased, for the better preserving and continuing the Leagues and Treaties peace and friend
presumptuous attempt any
thing contradictory hereunto, him take no therefore, for these and certain other causes, tice that shall therefore incur the vengeance desire lawfully words presenti con
the Almighty God, and his blessed apos tract Marriage; which desire you inay not tles St. Peter and St. Paul. –Given St. Pe ‘in the premises fulfil without our Apostolical
ters Rome the year our Lord 1503. Dispensation therein first had, you therefore Seventh the Calends January, the first have made your humble quest, that we year our Pontificat. ” “would our apostolical grace and favour
WOL.
England, did lawfully contract Marriage words praisenti, and did perhaps consum mate carnal knowledge; Now because prince Arthur dying without issue this Marriage, likelihood this bond peace - and amity between the said kings and queen would not last firm, stren-thenca and supported new tye attinity You
Y.
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3231 STATE TRIALS, 19 IIENRy VIII. 1523. -Proceedings relating to the [324
‘ vouchsafe you our Dispensation in the pre mation the truth these premises, we mises. We therefore, out of our hearty in have both this present instrument set our
climation and earnest desire that peace and ‘concord should ever flourish and remain among the faithful Christ, but more especially
hands and seals. Given at Toledo this 12th of Dec. 1528. ”
the presence these most noble and most among Catholick kings and princes: these illustrious lords, Henry count Nassau; The
and other seasons thereunto moving,
compliance with your request herein,
these presents our apostolical authority
dispence with you, that may and
lawfull you, any impediment arising from dria, lord Prato; Nicholaus Perrenot, lord your affinity reason the premises not Grandville. All the privy council his withstanding, contract marriage together, said most sacred, most imperial and most catho and contracted lawfully and freely lick majesty, who were specially called and
perhaps appointed witnesses hereto. Balthazar Ca you may have aiready publickly clandes stiglione, nuncio and apostolical collector; Al timely facto contracted Marriage, and con phonsus, archbishop Toledo. Johannes summated carnal knowledge, we Vergara, cnnon Toledo, professor divi such case the same authority free and ab nity, and the apostolical authority appointed
live and continue: And inasmuch
solve you either you from censure and public notary, who was present the signing the sentence excommunication, which you and sealing the premises, and saw the may thereby have incurred, and we like said witnesses subscribe their hands, have sign
anner dispence with you herein, that you
tnay impowered freely and lawfully live
and continue the Marriage facto thus
contracted, contract anew and we do
declare and pronounce that the children
born born from this marriage con tracted contracted, be, and ac
counted legitimatc. Dut our will that this Marriage was contracted facto before this Dispensation, that confessor, ap
this publick instrument, and set my name testimony the truth, being thereunto
called and required his said imperial catho lick majesty. ”
Against these Dispensations, the following OB Ections were used.
“1. That the peace and unity betwixt Fng land and Spain was firm before the granting of the Dispensation, which yet was alledged
cause. That the said Dispensation,
desire jesty, both
his own, and
deceit, therefore the oxpress
his said imperial and catholic no though this Dispensation might once
most serene Catherine queen most dear aunt and cosin,
had
shall reason
necessary, and wars the hazard
time, and that certain knowledge may the tenor and contents of often
Objection Affinity were taken away vertue the said Dispensation, yet the Objection publica homestate was not cleared. That the Breve above-mentioned appears the tenor
contain many falshoods and suspicions, and particularly that the stile, inditing, also
many clauses and circumstances, differ from the Pull, that may thought forged since the time the questions moved concerning this Matrimony; comparing them together may inanifestly gathdred. ”
This also was urged these Reasons
That the Register-Book the
Breves Rome, no such breve found,
any argument that such breve was made. That likewise neither the Chartophylacio,
such places carriage may
able and just request his said most sacred majesty, cause the said Letter copied, iranscribed and publickly attested; willing and decreeing that this Copy thus faithfully
not
bispensation, compliance with the reason
safe transmit
notifyed unques places where
the
do give our authoritative decree and sanction. And for the suller and inore certain confir
transcribed and publicly tionable credit shall, thought fitting produce
given original letter self. To which both
trust the Original
marquis Zenete, lord high-chamberlain.