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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
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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
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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
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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
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$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
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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.
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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
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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. 18, was their manner both Padua and Bononia 1530. Your most excellent majesties most
refuse money with these words, Quod Spi obedient servant, GR roof CASA Lis. ”
rieu Sancto gratis accepimus, gratis libenter How this Letter was believed accepted impertimur. Moreover Croke Letter, yet, doth not appear me; that although Aug. 31, 1530, said, Caesar minis, precibus, pre Melancthon said have concurred some tio, sacerdotiis, partun territat nostros, par such opinion, effect followed thereof. For
tin confirmat suos certifying our king fur find, that this very time, king Henry, ther, that Andreas Casalis and Prevideolus did jealous the queen's, (as our Historians* reveal his highness secrets to the Cesarians: say) Woolsey’s procuring Bulls against him,
conclusion find that many would have given set forth this Proclamation, Sept. 19.
their opinion favour the Divorce, they “The king's highness streightly chargeth
durst. So that though the king's agents did
now and then differ some points, they
yet agreed that most the Learned Men
those parts would have favoured the king the purchase from the court Rome elsewhere, point his Divorce, had not the pope and em nor use and put execution, divulge pub peror oppugned Croke adds further, that the
emperor got some hands Mantua for money, but they were the meaner sort. Whereas doctors that place had freely subscribed his highness part. Now, Gregory Casalis
seemed among his highness agents, this time, the most industrious, solicited the
Pope continually our king's behalf, not neg lecting also the Cesarians, whom gave, and from whom received that intelligence,
made advantage all. By which dan gerous and suspected wisdom yet prevailed
far, that length had authority,
seems, write this following Dispatch, which
have caused faithfully transcribed out the original.
lish any thing heretofore within this year pass ed, purchased, purchased hereafter, containing matter prejudicial the high au thority, jurisdiction and prerogative royal
this his said realm, the let, hindrance, impeachment his graces noble and virtu ous intended purposes the premisses; upon
pain incurring his highness indignation, and imprisonment, and farther punishment their
bodies, for their doing, the dreadful example
Declaration the House Thus did the king begin
Romish yoke; which was much animated the concurrence his subjects Parlia
“Most serene and most powerful lord, and ment, both spiritual and temporal, who (as
my most gracious sovereign, whom health appears our records) July this year under and happiness, and the most humble acknow their hands and seals sent Declaration the
ledgments my duty and affection. Some Pope. The tenor whereof this;
days agoe the Pope private offered me “To the most holy lord, our lord and father this Proposal, thing which made Christ Clement, the Divine providence
much account, that your majesty might have the seventh pope that name, we wish and Dispensation have two wives; pray for perpetual felicity our Lord Jesus
whom answered, that was very un Christ, with humility throwing our selves willing take upon me write your his feet. Most blessed father, although the majesty know your majesties pleasure Cause concerning the Marriage the most in herein, because that did not know whether vincible prince our sovereign lord the king this proposal would satisfie your conscience, England and France, defender the faith, and the ease and quiet whereof, was what your ma lord Ireland, does for sundry great, and
and commandeth, that manner person
what estate, degree, condition soever they purchase attempt
his graces pleasure, other. ”
Lords
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the
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343] STATE TRIALS, 19 IIesty VIII. 152s. Proceedings relating to the [344
weighty reasons of itself, require and demand and powerful adversaries, till withstood
your holinesses assistance, that it may be brought to that speedy end and determination,
and opposed their des? partly his sword,
partly pen, other times com mands and authority, supporting that power
the church from whence obtain those mighty ad now finds himself only
which we with so great and earnest desires
have wished, and with so very great, though and authority
very vain expectations have long looked for from your holiness: we could not nevertheless
prevail with our selves to keep silence herein any longer, especially since our kingdom and
the affairs thereof suffer so much, and are
brought into so great danger through the un
justice of the cause it self, approved of by the riage, nor will that possible, unless your Opinions of the most Learned Men every holiness will your authority, pronounce the
same Sentence concerning his former Marri age, which many Learned Men have already delivered. But your holiness, whom we
seasonable delay of Sentence herein : so that
since his majesty our head, and by consequence
the life of us all, and we in his words, as sub
ject members, by a just union annexed to the
head, have with great earnestness prayed your for virtues, scated npon the throne his holiness, but prayed in vain, we are by the ancestors, right undoubted and unquestion greatness of our grief, forced separately and able, who would entail lasting peace, and unin distinctly by these our Letters, most humbly to terrupted tranquillity realms, leaves intreat your speedy determination hereof. Be son succeed him from lawful and true Mar
where, and determined by the Decrees of the
most famous Universities in the world, and
esteemed and judged most righteous by
persons either England, France, Italy, justly call our Father, shall refusing com who are most eminent for their learning, might ply herein, esteem cast-aways, and resolve
confirm that Sentence which has
determination this Cause piece jus we beg your holiness, without delay, farther tice done that king and kingdom, which loss time, assist these his majesty's most upon many several accounts have deserved just and reasonable desires, we most earnestly well the Apostolical See; although entrea intreat confirmation the judgment these
ties you herein seem not necessary, however we make them, persons overborn with troubles, who indulge their grief, and fre
most Learned Men, humbly imploring, that for the sake that mutual love, and that paternal affection which your pastoral office requires you
Quently pour forth repeated and unnecessary shew us, not shut your bowels pity
prayers. But since your holiness not
and compassion against us, your most dutiful, most loving, most obedient sons. The Case his most sacred majesty, the case all,
continued requests the best princes, must bear part, the grief arising herefrom, and
that which might expected from your pater the injury suffered hereby does equally affect us,
prevailed upon, either
Cause, the remembrance
you have always found,
the justice the
others are enabled
vantages from which
excluded. What answer can be made hereto
we see not, and yet we see that from hence flood miseries flowing upon the com monwealth, and sort deluge calamities overwhelming us, from the disputes about Suc cession, which will soon overtake us, never
settled without infinite slaughter and effusion blood. We now have king most eminent
far prevail, that your holiness, though body entreated nay, though some opposed
should with your own voice and authority,
leave construction
committed
orphans; we can make no other but that the care ourselves our own hands, and that we
universally
been pronounced just, especially when your we may never driven these extremities,
are left seek our remedy elsewhere. But that
the good services
the earnest and since the head cannot suffer but the members
mal love and affection alone, our grief the who bear our proportion majesties af
remembrance of our miseries and calamities flictions; the remedy which, must pro encreased that immense degree, that ceed wholly from your holiness's power overspreads the whole body the realm, and duty necessarily arising from your paternal gives voice complaint each member authority and affection: Which remedy, your
forcing them both their words, and holiness shall refuse delay grant, our con their letters, lay before your holiness this dition will indeed herein be more miserable, that their insupportable grievance. For how great long we have fruitlessly and vain sought
misfortune that what our own two Uni redress, but will not wholly desperate,
versities, the University Paris, well since possible find relief some other way.
many other France, what almost men Desperate remedies indeed are not without ex learning, knowledge and integrity, both tremity applied; but that sick, will home and abroad have determined and affirmed any means get rid his distemper; the
true, and the truth which they are rea change our miseries there some comfort, defend and support both their discour when we cannot obtain perfect relief, yet we ses and writings; yet cannot confirmation may change our condition for that which less
this universally acknowledged truth ob afflicting and more tolerable. That your holi tained from the holy apostolical see that ness would pleased take these things into prince, whose support and assistance that your most serious consideration, we again and see still keeps and preserves authority, which again beseech you, for our lord Jesus Christ's bas been shakon and undermined many, sake, whose vicar earth you stile yourself,
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sol STATE TRIALs, 19 Hoso, viii. 1828–Divorce of calarine of Arragon. (310
and that you would now conform your actions two grievous offences, ingratitude to his high to that title by pronouncing your sentence to ness, and denial of justice. We do acknow the glory and praise of God, and thereby giv ledge that your king has deserved that your ing your testimony and sanction to that truth Letter mentions, nay, even much mure, that which has been examined, approved, and after the remembrance his many meritorious ac much deliberation confirmed by the most Learn tions towards the Apostolical See, will not only ed Men of all nations. In the mean time we live fresh our memories, but be traitsuitted
will beseech God, whom we infallibly know to down late posterity. We cannot but own be truth, that he would vouchsafe so to inform likewise, that not only with respect our and direct your holiness's deliberations, herein, office and character the Church, but also that having by your holiness's authority, a con our own private person, we owe much firmation of what is just, righteous and true, highness's affection, we shall scarce ever
Shrewsbury, Hen. Essex, Edw. Derby, H. Worcester, Tho. Rutland, Hen. Cumberland, Robert Sussex, Geo. Huntington, G. of Kil dare. —Bishops; Robert Cicestrens. Joh. Car liolens. Joh. Lincoln, Rich. Menevensis—Ba rons; Hen. Montague, G. Rochford, W. Wes ton, E. Abergavenny, J. Audley, Hen. Scroope,
we may therein rest sauisfied, and be free from able sufficiently recompence. As what the trouble of seeking to attain this end by other relates the controversy concerning the Mar means. (Signed) Archbishops; T. Cardinalis riage between his highness and queen Cathe Ebor, Willielmus Can. —Dukes; Tho. Norfolk, rine, we have been far from disappointing Char. Suffolk. -Marquesses; T. Dorset, H. the king's expectation therein denying him Exeter. —Earls; W. Arundel, Jo. Oxenford, justice, that we have even lain under the cen H. Northumberland, Rauf. Westmeriand, Geo.
Latimer, Edw. Stourton, Jo. Fitzwarren, Jo.
Semers, Jo. Lumley, W. Mountjoy, Chris.
Coniers, Hen. Daubeny, T. Darcy, T. Mon
tegle, W. Sandys, Jo. Husey, Andr. Windsor. —
Abbots; Jo. of Westminster, Jo. of Bury St.
Edmund, Rich. Glaston, Will. Gloucester, Tho. both your kingdom, and upon the spot
Jo. of Peterburgh, Jo. of Ramsey, Jo. of Croy we were able, we satisfied his highness's de land, Ro. of Thorney, Ro of Selby, W. abbot sires. But when the queen began suspect
of Bardney, W. abbot of St. Benet de Hulmo, them partial judges, and the account Tho. ab. of St. John by Colchester, Jo. ab. of some grievances she had imposed her the Hyde, Clem. ab. of Evesham, Ric, ab. of said legates, had appealed from them the
of Abendon, Hugh of Reading, Edw. of York, examine into the matter; whereby, far
Malmsbury, Ric. ab. of Winchelcomb, Rob.
ab. St Crucis de Waltham, Jo, ab. of Circes
ter, Hen. abbot of Teuxbury. —Knights and
Doctors in parliament; W. Fitz-William, Hen.
Guildford, Steph. Gardiner, Jo. Gage, W. For although we could not this Cause deny
Kingston, Bryan Tuke, Rich. Sacheverell. Rich. the queen Commission Appeal, yet seek
Sampson, Edw. Lee, Rich. Woolman, Jo. Bettat. ”
“To our Venerable Brethren the archbishops and bishops, and to our beloved sons the abbots, noblemen, dukes, marquisses, earls,
barons, knights and doctors assembled toge
ther in Parliament in England : Clement VII.
Pope. Venerable brothers and beloved sons,
health be to you, and apostolical benediction
There are many expressions in your Letter,
bearing date July 13, which we received some
days ago, which we could not have thought vote the Cardinals was concluded, that well of, did we not wholly impute them to the Commission Appeal this Cause could great duty and tender affection which you bear not
sure the other party, and have been thought partial, and too much inclined favour his majesty's desires herein. But give more undeniable proof our constant affection your king, will necessary mention what has some time since passed When first, about three years since, majesty's ambassadors laid this Cause before us, rather seeking redress herein from our affection and kindness his
tice, we committed the determination
our beloved sons, Thomas abp. York our le gate England, cardinal Sancae Caecilia, and
Laurence Campejus, cardinal Sanctae Mariae transtiberim our legate later who were
Apostolical Tribunal, and had her part ap
pointed proctors prosecute the said Appeal
his
Tho. Dacres, Tho. La-Ware, W. Dacre, Tho.
Barkley, Hen. Morley, Geo. Cobham, Rich. highness, than from the rigorous course jus
to our most dear son in Christ your king. We
shall therefore without taking these things
amiss, sedately answer your Letter, that you cases we ought proceed with the greatest may thereby learn with how little reason you caution, ought we more especially
have complained of us, and that your private that which concerns the majesties kings and
duty and affection to your king, ought not to queens, which we see the eyes
extend so far, as to justify your excusing us of Christian world placed. Since which law
Rome, even then our great inclination his majesty's service was sufficiently evidenced.
ing rather that this controversy might finish the agreeable methods peace and con cord, than course law, we framed seve
ral delays granting our Commission Ap
peal the said Cause, under pretence that
this being cause the highest nature, must
therefore brought before the Consistory.
After this we held frequent consultation with our most venerable brethren their Eminences
the Cardinals, whereby this affair was still far ther put off; till length the unanimous
refused. was therefore appointed examined, heard, and the said Consistory,
finally determined. For
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347] STATE TRIALS, 19 HENRY VIII. 152S. –Proceedings relating to [348
ful proctor has appeared the king's part, set forth bis majesty's pretensions either writing, word mouth, from whence
that this Cause could not yet receive de termination. Since must be decided accord
demand that we should rashly, and without due consideration, determine any thing herein
his highness, yet ing what alledged, and witnesses executing Judgment we must necessarily much oved; not according favour and affection. more regard him, ‘by whom Kings reign and
confirm our au Decrees many Universities: which words thority, truth concerning the former Marri seem not proceed from your usual pru age, which many Learned Men the
dence and modesty; since we see not with kingdom agreed upon we are truly willing
what reason you can desire, that we should cause the greatest moment give Sentence,
though none entreated nay, though some
opposed it; when the other side alledged stroy that authority, would we should the great scandal and offence that Chris judicially give sentence contrary the usual tians would take, Sentence Divorce methods and due course law any thing, from Marriage which has continued many though might appear never plain and years, which was contracted Dispensation manifest us. As for what you mention from the Holy See, the request his most the end your Letter, that unless we grant excellent majesty Henry and the most Ca your request herein, you shall imagine that the tholick king Ferdinand; from whence the care yourselves remitted into your own queen has had many children born, and still hands, and that you are left liberty seek has daughter living; contrary the opinion remedy herein elsewhere; this resolution
several doctors (which you urge also your neither worthy your prudence, nor becoming behalf) and those very learned and grave men, your Christianity; and we therefore our and who confirm their judgment both the fatherly love, exhort you abstain from any laws God, and arguments taken not only such rash attempt: though would no from the Latins, but likewise derived from the fault the physician, the patient weary of Jewish law Notwithstanding which, we his distemper, should rashly and unadvisedly kept ourselves unbiassed, inclined favour venture upon measures destructive his health; neither side, but hear both, looking this we indeed never denyed you such remedies most extraordinary Cause, not only concern might with safety given, and with advantage the whole Christian world, but also belong received “for who weak, and am not weak,
who offended, and burn not? ' write not
these things shame you, but my beloved
sons warn you. We cannot imagine that his majesty, whose account you write, can ap prove your writing this manner; for we know, and are fully acquainted with his ho
those men, alledging reasons for their De nour and integrity, that we are assured
posterity. As for the opinions Learned Men, and the Decrees Universities
which you mention, few
our notice, shewn your ambassadors, nor
them have come not proper form
the name the king exhibited, and those were but bare opinions
terminations, nor supporting them any authority from Scripture, the Canons, which herein ought only prevail. Wherefore,
would not accept any thing that unjust, although were offered him; and although your intercession cases great power
his majesty's favour, itself, nor agreeable
thing neither righteous your wisdom. For
although we owe much
reason why this deferring Princes decree Justice;’ and further, the determination, which you duty good Father, take care that by
There therefore our sentence complain, should
complaint herein seems the more strange, children: besides, we should not only
because his majesty's ambassadors several our own, but also his highness's conscience, by
places, particularly Bononia, did request and solicit this delay Sentence from us, contrary the inclination and demand the queen's proc tors herein. Since therefore we have ways occasioned these delays, hindred this Cause from being determined, after mature examina tion, and due consideration all the circum stances we see not on what reasons these your complaints are grounded; unless you will venture say, that the services which his ma
jesty has shewn us, and the Apostolical See, are
such, that the Cause should be, determined
his favour, without regard had either right justice; for that must the meaning your words, when you say that Sentence ought
given us, though nobody entreated nay, though some opposed this case, which has been adjudged just the Learn England, France and Italy, and the
ascribed us, and your over fondness, not too much indulge
. .
ties, which you fear impending over your kingdom, sure were much more feared,
such hasty and inconsiderate Sentence, which thus unduly given, would dan gerous example, greatly dainage the whole Christian
As for that
deluge
calami
we should rashly hasten that Sentence which ought calmly proceed the strait way jus tice and reason, thereby violating both our own duty, and departing from the rules justice through too great favour and affection your king; you cannot with more earnest desires wish his majesty son, than we do, and that not only his highness, but Christian princes
had sons like great king, the inheritors not only their realms, but such princely vir
o:
tues, but we are not we can give children. that we were unwilling
the stead God, that. As what you say,
gratify his highness things wherein we are able our authority, but then our ability cannot extend those things which will de
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349] STATE TRIALS, 19 HENRY VIII. 152s. —Divorce of Catharine of Arragon. [350
and prevalence with us, yet is our love and as yet, but that his own Universities of Oxford and
fection to his highness such, as to need neither Cambridge could have sufficiently decided the the entreaty nor solicitation of any persons point, but that he might the more amply satisfy whatever, to influence or quicken and himself and the world. ” Whereupon Bryan we never remember that his highness has ever Tuke was commanded take out, and read the yet made his request us, and received Determinations the Universities Paris, denial, where could granted with safety Orleans, Angiers, Bourges Berry, and Tho our own, and the honour the Apostolical louse France, and Bononia and Padua,
See, we shall always shew him the same re Italy, who
gard and good will. Lastly, the present Cause, we shall give hindrance delay
decision, that when ready for Exami
nation, and all the circumstances have were exhibited. The perusing which yet been heard, shall brought speedy de (the day being far spent) was referred fur termination, and final conclusion; being ear ther time. As also the Resolution of our two
nestly desirous free your king and queen, Universities (brought after the rest our king)
and our ownselves from this most troublesome affair. But this we must desire his highness,
which because Sanders calls sort surrepti tious, shall relate out some Original pieces which have seen.
To the University Oxford, the bishop Lincoln was employed, where, neither easily, nor general vote, there past this Decree,
and your goodness, that you would not re
quire more from us, reason his majesty's
great deservings us, than we can without of
fending God perform and then you may as
sure yourselves the good offices which April 1530.
can expected from us, considering the person and office we bear, and the justice we are in
dispensably bound administer. Given St. Peter's, Rome, under the Seal the Fiso
“We John Cotisford, commissary the University Oxford, the authority, and with the consent of the whole venerable Con vocation, declare, determine and adjudge,
-*
agreed declaring the Marriage After which, above hundred
several doctors, (whereof Dr. Cran-
unlawful.
Books
mer was one) confirming the same Opinion,
erman, Sept. 27, 1530, Pontificat. ”
The Chancellor's Speech
specting
The former proceedings king Henry, being the Question lately propounded his
advertised the Pope, made him fear defection our king. Insomuch, that
total most excellent majesty the king, which shall
Rome
the 7th year our that the major part the doctors, masters, well regents non-regents faculties the Commons re this famous University, have agreed and
given their consent and assent, that the De the Divorce. termination, Resolution, and final Answer
they studied nothing more than how
him his ancient devotion some arguments
whereof have been formerly mentioned. To and accounted the Determination, Resolution, the furthering which intention also did and final Answer this whole University, and not little conduce, that had taken some therefore that may lawful for the com distaste against the emperor: who, being desired missary and the proctors affix the common
retain
the major part them, esteemed
received some satisfaction the affair of the the University, the bishop Lincoln. As Divorce, had not his Parliament, this time, for the University Cambridge, find Stephen as above-said, concurred the setting Gardiner, and Edward Fox were employed; the regal authority ecclesiastical affairs. To where, notwithstanding the king's Letters, and whom therefore thought communicate the diligence used their part, not few what his agents Italy and other places had difficulties did occur. Insomuch that was done, concerning that much controverted first denyed, then the voices both sides were point the lawfulness Marriage. Where brought even, and last, (some absenting upon, the parliament yet sitting, the lord chan themselves) was agreed, that the question cellor, accompanied with Dr. Stokesley bishop should disputed delegates, and that of London, and divers other lords spiritual and
temporal, came into the Lower-House, 31st
March 1531, and told them “That they could not ignorant, how the king, having narried
two parts three should determine it; which
his brother's wife, was and therefore had sent
Fo Christendom, versities
troubled conscience, the most learned Uni resolved that
accordingly was done favour the king, by the vice-chancelior, and the two proctors,
ten doctors, and fifteen others, whose names are extant the same Record. Which averseness, more than foreign Universities,
oint: and namely had employed the bishop
present, purpose. Not, there for this
the Pope scrupulosity
England, conscience,
the
more than will
given the doctors and bachelors the faculty divinity, chosen for that purpose,
appoint certain judges determine dif seal the University the Decree, which
ferences betwixt him and the duke Ferrara, shall made
concerning Modena and Reggio, chose such termination. ”
pursuance their said De
sentenced on the duke's behalf; which in Which Copy, though blurred (upon what oc
censed the Pope that fell from the em casion know not, for not probable
peror. For which reason also probable, should intended the king that manner)
that our king might have closed with him, and was dispatcht the day following, the Act
whether should attributed
power their particular
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351] STATE TRIALS, 19 HENRY VIII. 152S. –Proceedings relating to the [352
determine; though, on this occasion, I can do should question And, whereas for quieting no less, that repeat some arguments drawn (in the king's conscience, you would have me put favour of the Divorce) out of our Records. 1. the business eight lords; that which say, The place in Leviticus, chap. xviii. vers. 16. pray God send his grace quiet consci ‘Thou shalt not uncover the nakedness of thy ence.