No More Learning

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
in in
of
be
to
ashe of he of
inne
toof it It of is
of in a
of
in
of
ofhe a intobe
to inofof to I of ofaof a of
in
to
of
of
to
be
er ne so
all
itis is in
inof if in is is, an it I it,If
he
it
if
it
;
be of
of
to
I at if in
is is,of a of toasit toi;t ; ofof
. be(if to it to
he if If I of it by
of in
of to it asof
byin ofit as soof
it he It it) to in of
it of
as
it no
of
of to he toof : Iby of an toin in 1.
atohe to to to to an
to
to fit to so of It
as to in into
to of
bybe he a 4.
to of
a ofof intoto to
as as in 2.
at
toatoas ofa
on inhe be of to
of
fit
to of by
3. as I
it
as itus
I to I
of
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
he
all
to
of be he
at hisI to
it
in sir
a to to to
all
of
3, by or
a he of
far
of a orof. a
to es he hedo ;
in he in
he onIof as he in .
it
at
“ at
to an indotoIinof as
in
of
a
to
be
be
of he it
or
it
of it
it I on to all be as it it to in :
do
to a tosir to bedeofor
he to
to a
it, or heas
at of
tohe
of his
ina of to in
inby
& ; ofto he to toto
of inof
a of a
as to
in is a
be
or
by
by
he it)
so of be
ofI orof
he
aas
be
go atto I
4, to in be
for of aa so (if
7, ainatsoainantotoin byat
he of
of13 to as
in
noin a
alltosoby
it go
all
be
to if be
of
ofbyI
in
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
of in
to
to in as fit
to be
do orordo be to so
of
of
of
(a
to
in
in
ofof
to of in
I of anin
of
de
of
in of as of
of
to
of
at
of of
I
in
a ofin
of of of by
sit ;
to in
or
on to intoin
to ; it is isbe orais toof
to it in or
or
or ofa
is
or of
to
of
a all be
it. so ofinof
by if fib
ofall
of
into
is, all
no to to beso ofof of to
door
is
of in
of
of of to to
to ofin of be to to a inso
or
onto toor atobe in
be if allbeof of
itof all as in ita
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
if
or of to if or
in to beitby a
of
of ofof
in
to by
oftoin allto
dobyor do
ofas on
of
a
in
of
a
to
toto it
by
of
its
as it.
to
be his
of
to us
an at
de toofinas
a
ofor at
as in
so of
inas of it
ofto to in
de
of
of a
of
to
to
inin in of
by
is
byof
to to
to to
as
is
of of
of of of of of fitinto
it as
of
in is
of its
bein le
o
in as
if it
ofIof ororof of he in to or byby
all doby by a
ofofbe & to his at
: a to in of
as
a
so
his
as
or be by by of of toto
do
in to in (if as do
to
tofi if
on
inof
of
of I of is to
in
in
a in by to
the
of
to in&
*~ 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.
‘* &toin in as
of to y. or ofin be doof asor
in I. of byof or of
ofhesototo in
de wedo do
of
of of as
or
to all
by of
by
in at
by is
letto
or
to be
or
of de
or
of
it
in
by
a so
in by all
in
in
if of
so
if do so of
no
be
it
in byonall
of all all
to dobe by
so
all or
or
inof by
so byin ;
:
de byor all
it
in it be of
it 2, of of
as
deif of
of to
no of a
r. of
as a
allor of in in
of
: of inin to by
to
de
in of of
of
of
: in of ofit in of
to
its
to
of
of to of
it.
ofto of on of his
inin
of
de
of
us inof ye
to
all of
of of by
of us2,
allof
ofof by
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. Don Juan Manuel, Don Laurence Gorrendo, Knights the Golden Fleece; Charles Popeto, lord Chaulx; Ludovicus Flan
pointed both cither you, therefore
Injoin you some penance, which you are being grounded this pretext, inust held hereby bound do. Given Rome St. surreptitious, Henry being then not above Peters under the seal the Fisherman, Dec. 13, and consequently unable for Marriage, 26, 1503, the first year our Pontificat.
‘Sicism Nots'—Which Letter being Balthazar Castiglione Apostolical Nun
cio, and Alfonsus Fonseca, ordinary the place, diligently read over and carefully examined, and because we found afore said perfect and entire, without any colour
suspicions
thought the name the have his force and vertue, yet seeing the England, his motive granting was grounded upon the much above-mentioned peace, and that one the greatly concerned both himself and the said said princes died before the solemnizing the
queen, for the perpetual remembrance thereof, said Marriage, the cause the Dispensation that the foresaid original may not consumed must held void. That, supposing the
which also the pope had known beforehand, that otherwise had been represented him, would not have easily granted any such Dispensation. Because was pretended
that Henry had desired the Match only for maintaining peace betwixt the two kingdoms;
whereas, (being then not above 13)
must be That
thought uncapable such thoughts.
in a
of
of
it to
in to
to or
de in by orto
to be or
or it by
us is
byasbe it or of us if in to is byin
inof
of a
ofbe we
of
in of
to or be
de it
so for all
it
by
be of
in
it,all or
all in inin as of it
de or
of
of soas
of
be of of it
it asofbyitas at de all asto be do ;de
as beso as as tois, oras itis be
oftoit asasof byatbebetoindo do
2. “ ofof to or it,ed of
it in In
at
1. be ofso to be
of
he
8 if J by ofofde to
in as
3. on itof it
of
of all of
of
it of by
2. of
be
by5. 8,byofof
of
is by6.
be he
atIde
it
by
of: as 4. be in à
of of de to
or de toas
asa to
de
in
all
to be toin of by toby in
de
325] STATE TRIALS, 19 IIENRY VIII. 152S. –Divorce of Catharine of Arragon. [320 or Paper-Chamber of the king, no such Breve whom told plainly, that the Marriage seem
All which Objections were delivered to the which also the said deponent believcth was
is extant, nor otherways, in the private Trea
ties of the Marriage, any mention is made ing
thereof. 3. That in the date of the said Breve, said king Henry appeared not much clined as it is excmplified, the year of our Lord is dis the Marriage, that the said deponent in crepant from the vulgar account; for whereas treated him persuade his son prince Henry the stile of the court of Rome begins always protest that would not take the lady Co from the nativity of our Lord, this seems to be tharine wise, and that should rencw this a year before Julius was made Pope. ” protestation when came the crown;
king's proctor, that he might answer to them. Whereupon witnesses being summoned to ap pear, July 12, Thomas duke of Norfolk, Charles duke of Suffolk, Thomas marquis Dorset,
made. Notwithstanding, that when the Bull Dispensation was granted, that the said
deponent contradicted more and that the murmuring the people that occasion was quicted, till the king's conscience being
George earl of Shrewsbury, Thomas viscount
Rochfort, Robert viscount Titzwater, John bi trouilled, revived again. Sir Willian shop of Carlile, David Owen, John Hus Thomas, knight, deposed, prince Arthur and
sey, ltichard Weston, knights, with divors the lady Catharine lived five months partly others, presented themselves examined, about London, and partly Ludlow, house
the archdeacon Buckingham, above hold together man and wife and that mentioned. heard William odal, who was the
the mean while, these two Articles were prince's christning, say, that was above
added the former, serving strengthen the Objections above-inentioned. That the year for pope's breves begins Dec. 20, and the year for bulls the 25th March. That
Marriages contracted within the kingdom England, the form hath been words, De
pracsenti, ego accipio &c. -
the time his Marriage, and the lady Ca tharine elder. Sir Anthony Poynes, knight,
deposed, that prince Arthur was above
the time his Mariage. Thomas marquis Dorset, deposed, saw Register of the nati vity the king's children; which found the prince Arthur born September 20, 1486. and that the time his Marriage (which
him neither honourable, nor well-pleas God. Adding further, that because the
Businesses being thus ripe for examination
Witnesses, the Depositions two ancient la was upon Sunday, Nov. 1501, was dies, who excused themselves their infirmity good and sanguine couplexion, and able from appearing person, were publickly read. supposed for that purpose. Robert —1. The first, being Mary countess Essex, viscount Fitzwater deposed, the prince was said little, but general terms. But Agnes then about 15, and que: Catharine elder; ind the old dutchess Norfolk, who was present that, the next day after being bed together,
the Marriage St. Paul's London, declared (which remembered after they entered
the age prince Arthur the time his said have been solemnly blessed) waited Marriage about and moreover, did breakfast prince Arthur, where Maurice St. positively affirm, that she saw prince Arthur Johns did carve, and the lord fitzwater gave and the lady Catharine, alone, bed together, drink which time the said Miaurice de the next night after their Marriage. Which manding the prince how had done that therefore, also following Deposition the night? The prince answered, have been viscountess Fitzwater, may serve answer Spain this night. 10, 11. Thomas lord Sander's tale, where saith, grave matron Darcy, Wm. lord Montejoy, and Henry Gulde was put into the same bed with him, hinder ford, knight the garter, said little but way the prince from knowing her carnally. publick report. 12. Charles duke Sus George earl Shrewsbury deposed, the Mar folk deposed, that was the bishop
St. {. . . }. Decimo septi London's palace the morrow next following the
riages was celebrated
}. Septimi, 1501, adding further, day Marriage,
mo Henrici
ince Arthur was born
that and that waited there Winchester, secundo upon the prince breakfast, confirming more
John, added, able do, also because himself knew his that the Shrovetide following the Marriage,
wife being not sixteen. William Warham (which was Nov. preceding) the said prince abp. Canterbury, being examined, protests began decay, and grow feeble body; which not reveal any secrets the queen, being grew, the said John related, reason her sworn counsellor. For the rest, an the said prince lay with the lady Catharine. swered warily the questions propounded him 13. David Owen deposed, that prince Arthur concerning the validity the Match, insomuch was born Winchester, secundo Henrici septi that referred himself therein the Judges, mi which knew, because he was the
Septimi;
prince knew his lady carnally, both being before set down.
and that believed the
over effect the words Maurice St. Furthermore,
who were determine yet made
difficulty confess that approved not
first; which also declared, not only
contestation which he had with Richard Fox London's palace, and the morrow atter, the
bishop Winchester, who persuaded but prince's breakfast, heard the prince's words
certain words
king Henry himself, Maurice Saint John, when said had been
christening. 11. Thomas duke Norfolk,
lord treasurer England, depo-ed, that being the day the Marriage the bishop
in
at
all
by In
7
it,
he
it asas as
to to
2. 1. of in
lic he
he in
Ihe
in
by
he :
5. on
of
he
to to toof
tohe
at
te, as 15 of
sir of
to
ofhe
at
at
of by
15 at
in atto asa at15he
to
to
as
of
be at in in a of
ofof at St.
he
nofa it
in
in
he
of
; he
by heinit
toof so to as
sir
he
so he a in by to
itofof at he; 4.
; atin of
in
a atno
he
of
to
2.
of of
in
to
be sir
:
he
at he a of sir
asto
in of
:
of on
of
at
he in of
at
of be to 6. asofhe7
he
8. he
of
7. at no
he to
3. of
of
he 9, he
in
it
V, he he
of
of
at
of totoed to to
to he
327] STATE TRIALs, 10 Hesty VIII.
152s-Proceedings relating to [328.
that night the midst Spain; which king, that any Protestation should then words, also because prince Arthur was make, would force, and therefore gentleman good complexion and nature, should make again one two days after his and above 15, believes that carnally coming annos pubertatus. 26, 27. Charles knew his lady; because himself also the duke Suffolk, and Thomas marquis Dorset, same age did carnally know and use and examined again, said little but what was for believes this the rather, that heard from merly set down. 28. Pedro Mates, Utriusque
credible persons, that the said prince Arthur Juris Doctor, native Barcelona Spain,
did with the said lady Catharine five
nigh's afterwards. 15. Anthony Willoughby,
knight, deposed, that being the morrow after
who had lived the court Rome 30 years, coercitio causarum, deposed, that the date
years there computed after three divers
the Marriage the prince's privy-chamber, the manners; that Judgments, Contracts, and
said prince spake afore divers witnesses these last Wills, bear date from the nativity De
words, “Willoughby, give me cup ale, for cembris; Litera: Apostolicæ sub plumbo
have been this night the midst Spain. ' March Litera Apostolica per Breve sub an
said, ‘Masters, time have wife:' which words
also divers other times. Moreover,
good pas mulo piscatoris, cera rubet impresso scribuntur repeated simpliciter absolutar absolue erpressione ipsius heard Domini aut Navitatis, aut Incarnationis, sed
After which
Yet that he con Nativitate, scistcet 25 know anything
*ua said this deponent, that she was never Italy, saith that Annus Domini Brevibus carnally known prince Arthur, though other Apostolicus computed from the nativity our
say they lay Ludlow together the Shrovetide next following. 16. Nicholas bishop Ely said, could depose nothing concerning the carnalis copula, but that doubted be cause the queen often sub testimonio conscientir
su/um Anno M. D. &c. ceiv'd began always
Decembris neither doth
the contrary, except the pope's secretary alter the stile. 29. Nicolaus Rusticus of Lucca in
legitima: Lord. 30, 31, 32, 33, 34, 35, 36. Thoinas vis the time their Marriage. He count Rochefort, Henry Guilford, knight, Tho doubted further, whether the cardinals were mas marquis Dorset, Thomas duke Norfolk,
competent judges, Appeal being made from Win. Falke Notarius Publicus, John Taverner,
them. 17. Rd. Sacheverel, knight, deposed, and John Clainport, being cyamined, deposed,
the people said commonly, that was unfit that the forms marriages are always ver
one brother should marry the other brother's praisenti, England. 37. The lady wise. 18. Thomas viscount Rochefort, depos Elizabeth, wife viscount Fitzwater, deposed,
ed, that heard divers prince Arthur's fol that she saw the lady Catharine and prince lowers confirm the words used, his having Arthur bed together, which was blest, and becm Spain the night his Marriage. that she left them alone together.
Moreover, heard say, that king Henry Hereupon the Depositions were published,
wise must confess then both
was persuaded his confessor, about two and the king's proctor summon'd receive years since, abstain from the bed the lady those acts and writings deliver'd into the
Catharine, lest should offend his conscience. court but
19, 20, 21, 22, 23. Sir Rd. Weston, and sir Contumnacious,
not appearing, pronounced
John Hussey, knights, deposed, the age king The commissioners yet proceeded require
Henry was upon the eve the feast the sight the Archiva, and Record concern
saint Peter and saint Paul last which viscount ing this business; for which purpose Thomas Rochefort also confirm’d, saying the place Wriothesly, and Thomas Tong king arms, his birth was Greenwich, and the year was had been employed: these men certified that 1401, and day the 28th June which Ro pri. ce Arthur died the castle Ludlow the left viscount Fitzwater confirm'd also, adding April, 1502, and that broth Henry that king Henry died two days before the was born the 28th June, 1491, and that the feast saiut George, years since; with Marriage betwixt prince Arthur and the lady whom David Owen, servant and counsellor Catharine was the 14th November, 1501. king Henry agreed, save only, that said This being done, Deposition Richard Fox,
was three days before the feast. 21. Tho bishop Winchester, takcm doctor Wool mas duke Norfolk deposed, that Pedro man, April 5th and 6th 1527, was road. The Ayala Allea, and doctor Puebla, ambas unost substantial part whereof was, that he sadors from Spain, were much favour hereto conceived doctor Puebla did first motion this fore with Henry and that Henry died be Match, and that more than one Bull was in fore the Marriage betwixt son prince Henry petrated for dispensing there with, whereof two and the princess Catharine; and queen Isabel remained England, one two were extant or Elizabeth her moth died also hesole that
time. 25. Wm. Warham, abp. Canterbury,
and counsellor Henry and Henry for
36 years last past, deposed, that conceive
Henry under 13, the time Dis
pensation granted because king enry his
father told him that was unpubes after that
time. Whereupon this deponent reply'd the
Spain, but the same tenor, and gotten without asking the consent Henry Fur thermore, that he did not reinember that Henry when came age, did expressly consent to, dissent from the intended Mar riage, yet that believed that Protestation
was made the name Henry this ef fect: That notwithstanding any contracts
or
of to
a of oforofhe heofor
a 8to
byof his
r of
so
he
the
8.
to
to
of in
in
to of he
in
deto ofof 8,
24 his ofin
it atI
8 or of 8, in he he to lie
to heatto as
be of 7, to he at ahe in of in
to 33 he a : 7, 7 by of he
he an of
r 20of of in
at7his he he of
inde : of it a
of ;of to is he
it he 7 of of it be beaofof he ofheof ofhe:by
to8,
it,of orat
six he a
of
; de
8of in it;of
in of ; to inor heis&so
he he all to of is in itbe ofa in of of in no
of
is
at is
inof 25 25
329] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. (330
tokens mutually sent, or cohabitation in the
house of king Henry 7, he would not hold him self bound to ratifie this act done in his non
age; and that this Protestation is to be found
inter protocolla Magistri Ryden, then clerk to
the council, before whom it was made. As
for the person by whom this Protestation was
made, Coran Magistro Ryden Notario publico;
credit quod vel ipsemet, vel Magister Thomas
Rutha tune Secretarius Domini Regis, & pos
tea Episcopus Dunelm. vel Mr. Doctor West
tune consiliarius ejusdem domini Regis & nunc Episcopus Eliene. f. eandem protestatumem
“To our most dear son Christ, the most illustrious king England, health and apos tolical benediction. Most dear son Christ, we have received your highnesses's Letters, which you give thanks for graciously re ceiving your ambassadors, for granting them such ready audience, giving them such kind answers, and bestowing upon them other marks
our grace and favour. To esteem highly, most dear son, which light favours the effect that picty and gratitude you have never
failed shew. We have indeed already made
manifest both our words and actions, far nomine domini nostri Regis Henrici Octavi we were able, our good affection you, nor moderni; praesentibus tune ibidem Comite shall we ever be backward manifest the
Surrey tunc Thesaurario Anglia postea Duce same more instances, being but reason
Norfolcia domino Doctore Peohebla, coran serpe-dicta clarissima Domina Catharina,
recolit, infra AEdes Episcopi Dunelm. vul
gariter nuncupat. Duresme-place. Adding
further, that our king was not present there, riage, has never been denyed, nor that remembers. Furthermore, that upon have ever given any just cause suspect conference had betwixt Henry and himself, that would deny some have basely sug he found was the intention that king, that gested the contrary, our answer has been,
able and just do, account your highness's great zeal for, and particular devo
tion towards us, and the Apostolical See. As
for the Dispensation the point your Mar
his son Henry should marry the said lady Ca tharine, although deferr'd the solemnization
that we wait only till more seasonable and
proper time shall offer itself, that may done this intended Matrinony, reason some more the reputation both parties, and
discord which was at that time betwixt him the honour the Holy See than now. When we
and the king Spain, for the calling back shall find this more proper season grant the the dowry. He added moreover, that king Dispensation, we have determined grant
Henry intended not (that knew) marry we purpose send (as thing great
the mother Charles but his aunt Margaret,
trust and moment) our beloved son Dr. Robert Sherbon, dean St. Paul's London, one your ambassadors, who together with
Savoy.
This Examination being compleat, and set
dutchess
down Andrew Smith, notary, the said doc his extraordinary learning, has given evident
tor Woolman required him subscribe his hand; which was refused the said bishop, both because was blind both eyes, that
was not admitted take any counsel
advice about But doctor Woolman pressing
him the kings part, that should subscribe
proofs his modesty, fidelity and diligence, and this we choose two accounts;
both that may him conveyed with secrecy and privacy; and besides that, we
may farther recommend one his great capa
city and integrity, person whose fidelity
last assented, out the rever and services may further use your the king, and that never highness hone, since the disagreeableness
his name,
ence bore
contravened
he subscribed his name April the year above mentioned, being 1527. After which also ano ther Instrument this tenor was produced.
Augustimus Spinola, Priest, Cardinal St. Syriaci Thermis, and high chamberlain
the holy church Rome, and singular whom these presents may pertain, health
the Lord. not only agreeable reason,
but point honesty, that when enquiry
any persons made into the processes the Popes which have been written, registered, and entered into their books, and preserved their archives, that true and just account them should given for which reason we make known and testifie every you, the tenor these presents, that the Books and
him
any thing. Whereupon
this air him, and the excessiveness the heat make impossible for him continue longer Rome without hazard his life. Given Rome St. Peters, July 1504, the first year our Pontificat. ”
Letter from the Pope King Henry.
The rest, having little material, save that mention made how the Cardinal Sancti Petri vinculu, the Popes nephew, was made Pro
tector the English, have purposely
onnitted, that may insert another Letter
the Popes Feb. 1505, the tenor whereof this:
“To our most beloved son Christ, the most illustrious Henry king England, health and apostolical benediction. We have been informed our beloved son Christ, the Car dinal St. Petri Vincula, the Protector
you and your kingdoms, and our nephew ac cording the flesh; and our venerable brother Sylvester bishop Worcester, your
Registers the Apostolical Chamber, the Book the Register the breves
wit, the
1st, 2nd and 3rd years Pope Julius happy memory we have seen, and read
certain Apostolical Letter form Breve
the said Pope Julius registered according highness's ambassador here, that the Letters custon, the tenor which this effect. Dispensation the point your Marriage,
toof in
“ a
he
of
of
is ad
it, do
as ofof in to
of
by
in of
of beon
by
of
onit
a it us to so
in
;
: a is toat it. he of in of in
2, of
in of
in
to
all 8,
to he of
byto
he
to by
of is
atat to it
at
of
of be
he on
by
he
of
ad 22I of
it
of
in
of it ac
of
of ofIt be of ac
he
ofto 5, cit
by of adoofin he toof&
is
to of
7 &
of to of
2, of to by aof
of is
by intoof
as
or
of
ut
de
as
in atbyto to usof
in
to of to to
I to
do ofit
of to of of in of
ofto
of
so
in
6,ofto
is
beas ofa
to a it, by of as
in
of
to
: weweit on
to
in
be
as
so in
3. 31] STATE TRIALS, 19 Hesky VIII. 1528. -Proceedings relating to the [332
which they have so long solicited in your high under the hand and seal his office the 27th
ness's name to procure, have already been sent of Jan. 1529.
to you from Spain. Know therefore, most sequence whereof, the commissioners
dear son, that at the instance of the foresaid took oath the kings arms, that the copies
cardinal and bishop, but in respect wholly to they delivered were true, appointing further the
yourself, we did grant the said Dispensation, next Wednesday, concludendum. Upon
and in consequence appointed our Bull under which day (being July) the commissioners
the seal of lead to be got ready to be sent your being sate, John Hughes, promoter, appeared
highness in due time by the foresaid cardinal before them, and signified that there found
and bishop. But whereas Elizabeth, of glo certain Protestation made our king, when
rious memory, most Catholick queen of Spain, came ripe years, the presence nota
perceiving herself to be now finishing the ries and witnesses, and subscribed with the
course of her mortal life, did with great ear hand the said king (at that time prince
nestness, and most pressing instances by her Wales) and some counsellors king Henry
ambassador, most humbly entreat us, that we which said were much the purpose the
would vouchsafe for her consolation to grant business then question. Whereupon the her a copy of the said Letter, that being by commissioners received the said Protestation
us fully satisfyed of this Dispensation, she might præsentia dicti Magistri Ricar Sampson
to her great comfort depart this life in peace ; Procuratoris Regis, contumaciam Regina we thought it a piece of Christianity, and an Commanding further, that should remain indispensable part of our paternal love and peries act sua. The tenor which protes
affection toward her, to comply with the queen's earnest request at a time she was expiring, in communicating to her the knowledge of a thing, which even to the commonest and meanest of
tation I(ing
thus:
Henry's PROTESTATION against bofore Consummation.
the Match
her ambassador promised the greatest faithful see, Richard lord bishop Winchester; ness and secrecy herein (which promise we are Henry prince Wales, duke Cornwall, and greatly grieved and troubled that he hath earl Chester, say, alledge, and this broken. ) The Original Bull we judged meet writing set forth that although my minority and convenient, to keep by us till we have an and being not yet arrived ripeness age opportunity to send it you, by the same our for giving my consent, have facto con most dear and most faithful bishop of Worces tracted Marriage with the most serene lady
ter, together with the sword which we thought present your highness for your singular
piety, and filial obedience the Holy Apos tolical See, which time your highness will receive more perfect information, well the
reason our delaying hitherto send the Bull, also some other affairs with which we have intrusted him. Nor ought your ma
“In the name God, Amen.
chearful hopes from the prospect of so near an sence you the Reverend Father Christ, by allyance with your highness; especially when the grace God, and favour the Apostolical
of her subjects, would give comfortable and
and receiving tokens and gifts, any other de jesty wonder, that we have not communi terminate way; for these causes, the fore
cated before any thing hereof our cardinals, your majesties ambassador, since we could
said Henry prince Wales, now nearly arrived
age, and being just years hereby Protest, that any thing said, done, be done, do ratifie, confirm, make valid the said pretended Contract Marriage; but by
these presents, being thereunto moved neither force, craft, nor intreaty, but voluntarily,
freely, and without any compulsion whatever, do renounce and disclaim the said Contract; and resolve and intend by the most power ful means, the most significant terms, and most effectual manner can, renounce, dis
claim, and dissent from the said pretended Marriage Contract, the same hereby re
nounced, disclaimed, and dissented from. And
never have thought possible, that the am
bassador her said majesty should have
herein thus deceived us, and that the said not intend Letters Dispensation should transmitted
you from Spain, the Copy
which we the said
granted only for the consolation
queen, who thus lay the point
and not denying them your highness for want inclination, which we with great reason have, gratifie your desires herein, who have
well deserved us, and the Holy Ca
tholick Church, nor out distrust disres
pect the said Cardinal bishop your an bassador, whose fidelity and diligence promoting your affairs, we are abundantly
farther protest, that tion behaviour, said
any word, deed, ac
satisfyed. Given Feb. 22, 1505, tificat. ”
Rome,
the second year
St. Peter's, our Pon
done
myself,
said, acted,
any time,
And that these are true copies, Augustinus Spinola, the instance king Henry and
any manner whatsoever, the said Marriage Contract,
death
Catharine, daughter contract, although persect, and
the king Spain, which itself invalid, im effect and force, reason my said minority; yet because this coutract
when shall come age and years con sent, may appear and seem valid, and confirm tacit consent, mutual cohabitation, giving
maturity consent,
said
any other my name,
done performed any person
not consent receive the the coulinandonent the Pope, did certifie said lady Catherine my lawful spouse and
the pre
by so to or fit
of
at
atof to
as
asI beof ininadof I
at
in
to of to as of
of
of
or of
to
8,
I or do
to to or to
to of of of of it of by
of
ofofof be
to as of
at
of
in it
to of
to
or
in :
toorI Iby toedof
in he
In
of
at
inor do byI
or or aofofis heof
in
or by
or b
I
of of by of of
to do of a in tobe of of as; of
to
of
to
uo
of to it do ofits 3
in
by
or ofor of to of
or of de in
at by In is
be by
atis byI in di
of I;7,ofa
21
333] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [334
wife; to which premises, this my testimony Thomas duke Norfolk, the bishop Ely, given, set forth and published ine, Henry and divers other persons.
Prince of Wales. ”
The above written Protestation was made mentioned; which have with more particula
and read the most serene prince the lord rity set down,
Henry, before the reverend father Christ, case find
Richard lord bishop Winchester, who then own kingdom,
sat judge, and before me the under-written whereof one was
notary publick, who took writtng, the other, birth, but
presence the under-written witnesses, the jects, and after
year our Lord 1505, the eighth indiction, hereof, but delay and insatisfaction; ap
the second year the pontificat our most pears not only this abrupt dismission, but holy father Christ, the Divine providence sudden advocation the cause, the Julius pope, the 27th day June, pope, inhibiting further proceedings here (as which day his most serene highness the prince, will appear shortly after;) the consequences was entring upon years maturity and age
consent, there asserted,
ground room, under the royal palace
These Proceedings were subscribed the notaries. William Clayburgh, doctor both laws, Protonotarius Apostolicus, Florianus Montinus, and Richard Watkins, who acknow
the said notary, draw this publick Instru ledged the rasures, interlineations and lines
ment, and the under-written witnesses, thereto the margin, together with the number the
bear testimony, proof and evidence leaves the parchment book (being 69. ) To which things, and every them, his said which also Letters testimonial from Nicholas
most serene highness the prince, and the wit Wotton, doctor the laws, and the bishop nesses, aforesaid, being thereunto called London's official, having the seal the office,
mond, situate the western part palace. Concerning which, and
singular the premises, his said most serene highness the prince, instantly ordered and demanded me
certain Rich the said
whereof extended further yet than our king then thought, the pope could easily have imagined, -
And thus much out the Record formerly
that rare and unusual prince submit himself, his the judgment two persons,
suspected stranger, the the meanest his sub this, receive other fruit
and required, set their names subscribed with
their own hands. The truth all which,
John Read testifie, setting thereto my hand
and seal manual. G. Daubney, Somerset, should not have induced me publish had Thomas Rowthale, Nicholas West, Henry not seen already printed book called Marny. -
Among whom Nicholas West, above-named,
now bishop Ely, presence the commis
sioners, acknowledged and confessed, that this
Protestation was subscribed with his own hand.
Whereupon the commissioners, contumaciam
Regina, did, the presence the above-men illustrious Henry king England, defender tioned proctor, continue and prorogue the court, the faith, health and apostolical benediction. till Friday next following, warning the said You have caused be laid before us, that here proctor also there. Upon which day, fore you, and our beloved daughter Christ, being the 23d July, the court being set, the Catherine, widow your own brother, promoter above-mentioned signified unto the knowing the relation that was between you, commissioners, that that was requisite for the first degree affinity, did facto contract the instruction and information of their under
standing and consciences, had been judicially
roposed and exhibited them, and remained
their custody, and that therefore this day sufficient canonical Dispensation granted you
was assigned, and appointed for concluding the that effect, incurring therefore the Sentence business. Notwithstanding because cardinal Excommunication: And whereas your majesty Campejus alledged and protested verbo veri who cannot without sin live the said Marriage,
prelati, that certain general vacation, which does desire continue longer the said termed Ferias generales messium eindemi sin, nor under the sentence excommuni
arum, was observed the court Rome every cation; but some competent ecclesiastical year, before the said Friday; and because judge, receive the benefit absolution from and his colleague were bound follow the the said sentence excommunication, and that stile the said court the process the the Marriage itself should declared have above-mentioned Cause; therefore the said been, and still nuli and invalid, and that Judges, the presence the kings proctor, and may lawful for you marry any and contuzzaciam Regina, did prorogue the other woman, any canon the contrary not conclusion this business, until the first of withstanding, and that consequence such October next following, warning the king's declaration the nullity the said Marriage, proctor then appear, and receive conclu you may dispensed with, lawfully marry
according any other woman, and with her marriage justice. All which passed the presence freely live, and lawful issue her have,
sion this business should
were annexed. After which Dispensation, written later hand, and loose paper, was found the said book. Though that alone
Anti-Sanderus, and met our archives some dispatches that make probable:
The Bull for new Dispensation.
“Clement bishop, servant the servants God, our most dear son Christ, the most
Marriage words, depraesenti, and did consum mate the said Marriage carnal knowledge, and from thence had children born, having no
in
be
of
of
it in
as
in
all
in by
In
of of
in
in
ofin
to
up
of
2,
of
to of in a &
in of
of
he
in
allto
in
is
of
toofa toinofis asinofbyall
ofto
to to to
I of in
by
of intoina
of
be of
in
in by it a
is,
a
beto
be of
of
of
or
by all
toain of I
he
of on
lie byto
in
to
it ofto no by* in
in
* of
all
to
it of
be of in in de
of is so
of
to inhe
be
on
all of byin
of
it to I by a
of
of
in in
to
of a
ofa
intoof aof no in
of
tototo in of
of it, of by to as
in
of
.
ofto of ofof of in
as
in by C. ofaofofin
$35] STATE TRIALS, 19 HENRY VIII. 1528. -Proceedings relating to the [336
although she may be one who has already con and although she may related you the tracted marriage with some other person, pro second more remote degree consanguinity,
vided she hath not consummated it by canal first degree affinity, either from lawful knowledge; and although she may be related forbidden wedlock, provided she not the
to you in the second or more remote degree of widow your said brother; and although she consanguinity, or first degree of affinity, either may related you any other legal spi from lawful or forbidden wedlock, provided she ritual affinity, whereby impediment may be not the widow of your said brother, and al otherwise against you therein, the com though she may be related to you by any other mon course law and publick justice: and legal or spiritual affinity, whereby an impedi such Marriage contracted, that you may law
ment may otherwise against you therein,
the common course law and publick justice.
And whereas yonr majesty has farther laid be
fore us, that evident from the Chronicles
your kingdom, that many grievous wars have this Dispensation was granted, determining often arisen your kingdom, that Christian further, that the children born,
peace and concord hath been violated and dis born, from this marriage, be, and account
legitimate; any prohibitions the divine
law, constitutions ordinances whatsoever declaring the contrary notwithstanding, which we do, far our apostolical power we may, disannul and rescind far they may affect this special particular matter now before only,leaving thcm other regards, and other manner purposes their full force and power. Strictly enjoyning, and
virtue of their canonical obedience command
ing, under the threat Divine vengeance, and under penalty Anathema, and other ecclesi astical sentences, censures and punishments,
which we now for that time pronounce and publish, the tenor these presents, that no person whatever shall presume attempt alledge, propose object either open court
private discourse, any impediment the
Marriage which the tenor these presents you shall contract, speak act, attempt any thing word deed against the legitimacy
the said Marriage, the children which shall born any insinuation pre tence marriage praecontracted, consanguinity
the second, and more remote degree affi nity aforesaid the first, any other spi
ritual legal affinity the common course law and publick justice judged impediment.
Let mortal man therefore presume con tradict this our Writ Dispensation, Decree, Ordinance, Iniibition and command, with presumptuous boldness any wise gainsay
And any one shall presume herein, let undermine and overthrow it; him know that shall incur the vengeance
our apostolical power, the tenor these Pontificat. ”
presents dispence with you, that your con While these things passed thus England, tract of Marriage with the said Catherine, shall the queen found means inform the lady be declared have been, and still null Margaret, regent the Low-Countries, the and invalid, and you lawfully freed from whole process, who thereupon sends word
the bond thereof, that then may, and law Charles and Ferdinand, intreating them
turbed traiterous and malicious men, out their detestable ambition, and wicked desire
power, but under pretence that some the children born just and lawful marriage some your predecessors and forefathers, were illegitimate, account some impediment
the said marriages, reason consanguinity affinity, whom under pretence the said legitimacy, they have gone about exclude from the Succession, from whence has followed most miserable destruction and bloodshed, both
princes and nobility, well the com
mon people; which account your majesty
has supplicated us, that your apostolical
grace and favour, would vouchsafe herein consult the peace and quiet your kingdom
and subjects, obviate these great miseries,
and apply fitting remedies the aforesaid grievances. We who favourably listen and far with safe conscience we may, chear fully comply with petitions, especially those
which concern the safety their souls, which we any time receive from Christian princes, especially from your majesty, reason the manifold marks affection and kindness you have always shewn both and the Aposto lical See, over which the Divine permission we preside, which you have not ceased most courageously maintain and support, well with your power and sword, with your learn
ing and pen, from the most wicked attempts nefarious men, who partly force and open
fully continue and remain therein, although
should so, that this Marriage was contracted facto, you either openly clandestinely,
and carnal knowledge consummated before
violence, partly endeavoured
for the foresaid,
craft and subtle doctrines,
well some other reasons the Eternal God, and his holy apostles St. thereunto moving, compliance with your Peter and St. Paul. Given our city Or Petition, we from our apostolical authority, vietan, the year our Lord 1527, Ca our certain knowledge, and out the plenitude lends January, and the fifth year our
for you marry any other woman, and any
other woman marry you, provided she
not thereto you compelled, although she
should one who has already contracted Mar
riage with some other person, provided she tender the Pope Copy the Bull, Breve, hath not consummated carnal knowledge, and her Declaration that she was never car
assist their aunt which they accorded, dis patching their orators the Pope, whom also the queen constitutéd her proctors the court Rome; giving them Commission
it by
in
be by as
by
to of
lie
to
of
of
by be be
a
of
as
of
orof
toor be
be
byto
to to to
do
as of by .
be
by of
ilinofofof ofin
to
in of in in
or
by be
ful
of us
as to of or
;
he
of ofinontoofof byor
it
byas us
of
by toofas of
is
of as
to,
of
to be
if
to
of
in
an
in
of
ofof all to
in
by do
as
of or is to of
to to as by
a to on on
in it is
no oras ofbe
if in
in
to allus
16 orto or
in of ofof of in
inas or
to or in
of
totoit ofof to
beitifor
an or
of inor so,ofbe in to
of
in
all we by of
at
of
to it. inofor in edde or
in of byor of it oror
all
by lie of
as of
all
or
337] STATE TRIALS, 19 HENRY VIII. 1528. —Divorce of Catharine of Arragon. [338
nally known by prince Arthur. Shortly after the apostolical See, which Cause perhaps
which, the said orators, in the queen's name, some process has been made; since which
Inade a Protestation against the two legates the instance our most dear son Christ,
now in England (every page subscribed with Charles most Catholick king Spain, and
queen Catharine's own hand) intreating the elected emperor, and his most Catholick queen, Pope to advoke the Cause, to annul the pro as well as for some other reasons us thereunto
ceedings in England, to warn the king to desist moving, we ordered the said cause brought his suit, or at least to try it at Rome, &c. or, before our ownselves, and reserved the deter otherwise that they would seek their remedies mination and decision thereof ourselves, and
elsewhere. The Pope being thus pressed at the sacred college our most venerable bre Itome, and having now concluded the treaty thren their eminences the Cardinals; on which with the emperor at Barcellona, July 3rd, 1529, account perhaps inhibition has been given. about three weeks before the Cause was pro Now whereas we have heard that this Inhibi rogued by Campejus, could no longer, either tion has been executed, and that therein are with safety of his person or dignity, favour our mentioned several Censures and Penalties; we king; so that what excuses soever (in the fre whose intention never was, nor subject quent dispatches he made about this time) were your highness's person, who have well de given to our king, yet were they little more served us, and the apostolical See, any than compliment and evasion, till, finally, de censures penalties whatsoever; hereby claring inimself more openly for the emperor, signifie your highness, that those censures he signed an Advocation of the Cause to him were inserted into the said Inhibition our self, inhibiting further proceedings, under great judge commissary without our knowledge, penalties. And herein (as our agents did ob and contrary our inclination: which Cen
serve) the Pope's principal ministers did not a sures therefore, and penalties little concur, that the benefit of deciding there may concern your own person, we
of might fall upon thein. In vain therefore rescind, declaring them null,
they hereby power, did our agents (being Gregory Casalis and efficacy validity. As for the Cause itself,
Dr. Bennet) both representing the defection we will that suspended till Christmas-da our king from the Roman See, and the ruine next ensuing, and these presents
the cardinal York, labour stay these then suspended. And herein we have done proceedings. For the Inhibition was brought that we could with safe conscience, favour into England, about the beginning Septem and affection your highness, that we are
ber, the king then being his progress; and assured that you have for conscience sake pro because was sent the queen make her pounded your case, you may have time duly benefit the king (by Stephen Gardiner, and carefully consider affair great
now his secretary) sends Woolsey, per suade the queen this Inhibition (or,
calls Citatory Letter) sleep, contain ing matter prejudicial his person, and not published his subjects: and that will
sufficient for the cessation the process that the Pope letter Woolsey (July 19) hath signified his Advocation the Cause. Never theless, the queen will needs have the Inhi
bition executed, then that should privily executed, upon the two legates, (rather than divulged Flanders;) which seems was done accordingly. Howbeit, shortly after the Ad vocation was granted, the Pope, conceiving that the censures and penalties mentioned
the Inhibition would not well taken our king, dispatched Breve him August 29,
which, for the better satisfaction
moment and importance this and thereby settle without the vexation and trouble
which suits law ingendcr and produce,
the great comfort and quiet your mind;
wherein you shall never fail our aid and
assistance: the mean time, we do exhort
your majesty the Lord, that for the sake conscience, you would not leave the queen, but
till these things shall determined, comfort and cherish her with the love and affection of
husband, we trust your highness your great piety and goodness will do, Given
Rome Aug. 29, 1520, the sixth year our Pontificat. ”
Before yet these Breves were sent, the Pope wisely considering that the diligence our
agents not only the first Minutes them were
sent England, but also that his Treaty with the ori the emperor, was more notorious than that
have thought
ginal and insert here.
The Pope's Breve
transcribe out
the King
England.
could hidden, thought advertise our cardinal, That the League betwixt him and the emperor was made pro temporum ratione
the reader,
“Most dearly beloved son Christ, health, rerum Christianarum utilitate; exhorting him
&c. cause heretofore depending between therefore him good offices with the king, our highness and our dearly beloved daughter which also explicated another dispatch, Christ, Catherine queen England, and Sept. 23, wishing that aid might sent against
concerning your Marriage Contract; We, the Turk. All which being contrary the the earnest request your ambassadors, com king's present designs, could not upon what
mitted the said Cause determined our terms soever represented without much beloved sons, Thomas lord bishop, and cardinal offence, and conceit cardinal Woolsey. Sanctæ Ceciliar, and Laurence cardinal Sancta, The king believing that underhand held in Mariae transtiberim our legats latere from telligence with the Pope, the projudice
WOL.
far
I.
it, of it by a it,
z
be beto as an
in
in A
I
be he ofof
de
of ofof
to
to
to
an
he
of of so asin nodo do to
be in
ill
it
to
of
to of
of of
& it at of to all
o
by to
to
of
to let to
sir
in if
oftoto toto by
fit a
be of tobe it of to in
of
by of at
by in
to
to hedo
it,
as inIn of to to
or to of or or
of in fit
as
in
it
of be itit of
by in be
is to by be
in
to
be to
be beit
to ofof to
be of is, so is toof
of so as
a it
of
an of
at
339] STATE TRIALS, HENRY VIII. 1523–Proceedings relating to [340
his affairs. Which Polydore also affirmeth; moreover, “That wondered somewhat that saying, that writ privately the Pope Campejus understood our law little, not suspend the Cause, till they could bring the fear how usurped after that time, the king some better temper. This also be name legat this kingdom; since he, hav heve was confirmed the king's mind, some ing been made bishop here Salisbury, was notice might have joint dispatch bound oath the conservation the royal Minute whereof extant our Records) from prerogative. As for the searchers doings, was
Woolsey and Campous, during their session, mistake; the commandment having been whereby they desired the Pope avoke the given long since, when there was just occasion
Cause, case grew doubtful that they for and not relation his particular, who could not determine it; both they would therefore was sorry have been roughly free from the trouble and danger, and they used; desiring the cardinal, for the rest, ex conceived, might better help the king
plenitudine potestatis; who perchance, they
said, would content therewith, the Pope
would promise end the matter, shortly after
wards his satisfaction. said, was uncertain from*w. hence came
Our king, who the first prorogation the notwithstanding that was (though not alto Sentence, reason the Feria Windemiarum, gether fixed his breast, generally re
England inhibited, the cause much one hour. Howsoever; that might
hoped yet, that least, Oct. 1st, when the eeived and believed h
Court was appointed again, might would hard remove that opinion which have the Cause determined, seeing now regard also, was vain for him stay here
proceeding avocated
finally finding,
pope and emperor had appointed shortly his royal care should
meet Bononia, was much troubled; and conveniences might follow hereof, that
the rather, for that the two cardinals proceeding belonged Campejus's wisdom continue hitherunto had bech little more than illusion; those good intentions had made shew of. whereupon also became much incensed For we (saith the king) tunc demum dubitare against them. Yet containing while his an poten imus, cum ipse factis palam diversum osten ger, neither altered his fashion Woolsey, deris. -Campeius being now more than once
nor declared any dislike Campejus inso licensed, thought time gone; that, much, that calmly gave him leave depart. coming last the Pope acquainted him So that argument suspicion dislike ap with the proceedings.
peared hitherunto either side: Campejus Our king considering that Francis being now thus dismist aud rewarded, was conducted ho disengaged, might more freely declare himself, nourably the seaside, where expected did (by particular Message) not only make
Rome, Campeius recalled; and make this use
many dispatches, that the jects took this frustration
know how his sub the business. But prevent the in
cuse the said searchers, since they are bound thereto oath. that ought not pre tend this cause his stay. As for the other part, which was the rumour, our king
ingdom, that is k
take known the little hope had the Pope's fa carried vour his particular business, but desired that
Rome, king's assistance, for obtaining the resolution ransacked his coffers, bags and papers; not the Universities and Learned Men his king
without hope, certainly, recover that Decre dom concerning the lawfulness his Marri tal Bull our king much longed for. find age; for which purpose induced Guillaume also (by some relation) that divers love-letters Bellay (sent Francis him the be betwixt our king and mistress Bolen, being ginning this year) co-operate with them,
only fair wind. But when came ship, the searchers, upon pretence
either money letters from England
conveyed out
for, though
the king's cabinet, were sought also those Italy and Germany, not omit
vain, they having been formerly ting together employ Paris, his kinsman
Which usage offended Cam and beneficiary Reginald Pole, with Francis
sent Rome. ejus, that
É.
complained immediately
our Bryan, and Edward Fox, master William Paget
Tholouse, journey till had reparation for the wrongs Francis together readily promising his assist
protesting proceed “he would not
his (after)
being
sent Orleans and
and
done his person and dignity; that the peo ple were satisfied concerning certain scandalous rumours, which heard were scattered abroad
ance. And because our king had many agents about this time employed Italy, namely doctor Ra. Croke, man excellent the
the prejudice cardinal Woolsey and him Greek tongue) Padua; Hierome Ghi
self. But our king his Letter Oct. 22nd answered, That must not expected from him, præstare, quicquid vel vulgi temeritas ef
nucci, bishop Worcester, and Gregory Ca salis, Rome; doctor Stokesley Venice, Thomas Cranmer (afterwards abp Canter
future, vel quorundam nimiun fortasse scrupulo bury) Andreas and Johannes Casalis, and Pre
alone
was revoked the ments. Stokesley writ Letter dated June subjects acknowledge. ' Adding have concurred, had not the Pope contradicted.
anxia sedulitas designare soleat. As for videllus,
had enough while some laboured reconcile, and sometimes make use their various advertise
the jus legati pretended
king answered, “That
expired, not only
Pope's late Inhibition, but particularly the 13,) that had gotten the Opinions the interposition his own regal authority, which University Bononia; and that more would
violated, our times conceived, was again
did
it
heto
.
bybyit
to he in to I to
byI toall erbe(ato
of
he he
to
it as he
of
so
to to
it
as
ofto
of toof to
at to by it it,in So he
be
be so he a
as to19 to
sa to &
to
his totoaheattoinhe
of
he or to
to he
if
as
he he in all to ofor
no
toin by be he
of
as by so onof of
it ofhe
he
by toitis at at
in
as de
it,
he
he
to to of sit
so inof a
in all as It of toheat ofaat bebybya
: of
as
as it
(a to he he to in of to
a athetobeofheto
to in to hebe to of
do of so
;
to
the
ofat
dein
as
sir
in
ill :in he
it
so
of
in
toso
it soit;
of
of
as
a
to
ina he ofto in toin
341] STATE TRIALs, 19 Henry VIII. 152s-Divorce of Catharine of Arragon. [342
Croke said, the pope and emperor threatened jesty does only aim The reason why that subscribed favour the king's Cause. gave this for Answer, was, that certain
He writes also that the emperor's ambassador place, from whence have information Padua, challenged one frier Thomas, for fa designs and contrivances the Cesarians,
the
vouring the king's cause, and told him, this have certain intelligence and undoubted know
conclusion should take effect, many greatest princes Christendom should herited, taken illegitimate; accounting
the ledge, that this proposal was started, and dis promoted the Cesarians; but what their aim and design herein should be, dare not those well the emperor, the king Por certainly affirm, and therefore leave that
tugal. Notwithstanding which, had gotten wholly your highnesses great prudence and 80 principal mens hands good while since, consideration. And though told his holiness, and had obtained more, which yet their that could not venture write your ma means were burnt. By Letter also Crokes, jesty herein, yet was unwilling keep this Aug. 24, appears, that the emperor laboured from your majestics knowledge, that may with the State Venice, oppose the king appear, that care industry wanting
me execute your majesties commands, promote your services. have done which have been able with one Ancona, with sometimes small reward them when they whom have great intimacy. As which
his demand. Furthermore protested hone would take money (lawyers only excepted) for delivering their Opinions, though forced
had done. Which particular Dr. Stokesley (in refer the common letters. May God Dispatch Sept. 23, 1530) did confirm saying preserve your majesties health. Rome Sept.