No More Learning

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
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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. As for answer your message; pray
brother's wife. ' 2, Basil's Opinion, tending this way, where saith, “that shall excommunicated that marrieth his wife's sister. ’
Because two Epistles, transcribed out the Pope's Registers, and sent into England
Dr. Stokesly (whereof one was Gregory, the
other Innocent the 3rd) profess, that the Pope cannot dispense against the law God,
the particular case being then Marriage.
That granting the Pope can dispence, urgen
tissima causa, with that which erjure divino, against you, since his grace having used (which yet divines for the most part deny) there means clear his own, and subjects insatis was occasion here, since the peace betwixt factions, concerning the lawfulness his Mar England and Spain, which was taken the riage, you yet continue refractory that vio ground the Breve) stood firm and intire. lent manner, you not only refuse the general Lastly, that the Jews themselves (for our Determinations Universities, and Learned agents consulted with them also) did not hold Men; but contrary the laws the land, the law marrying the brother's wife, (Deut. and the royal dignity, have cited high 25. ) necessary this time, but did often ness appear the Court Rome; neither
pati discalceationem. All which being ma have those many admonitions you have re turely considered the Lower-House, made ceived concerning the danger and consequences them detest the Marriage, our IIistorians Jereof, been able divert you from your pur have Whereupon the king thought also poses, reduce you reason and your duty.
prorogue the parliament, the intent that Of which therefore his highness sensible, every man repairing hone, might satisfy his that hath forborn late see your grace,
neighbour these passages; not omitting, to receive your tokens, giving you
gether,
cause these foreign Determinations, ther, repair either manner
published this year, the Estainsteed, the Monastery print shews. Notwith for, since you were known
fur Oking, Bisham;
printed and Book yet extant
his brother far was the king from remit prince Arthur, you cannot his lawful wife. ” his gentle behaviour the To which the virtuous and sorrowful queen queen, that, had not forborn come her replied little more than this “That what bed, neither could his outward favour towards place soever she removed, nothing could re
standing which, ting any thing
her, her fashions towards him, have argued move her from being the king's wife. ” And any diminution love; those wonted cere here the king bid her final farewel: for, from monies which they sustained the dignity this time, being July the 14th, find not the their place, and civilities which might imply king ever saw her more.
mutual respect, continuing firmly either side. The Pope's Leiter persuade the King take
Which our historians amplify far, that they say sore lamented his chance, and made
manner mirth pastime was wont do; without yet that they can thought
his Wife again.
And now queen Catherine her proctor Rome, assisted with the advice and power the imperialists, negotiated puissantly with the
speak improbably, when we consider both how Pope; that, notwithstanding our king's in dear this liberty cost him, and how much en dignation for her prosecuting him this
dangered the Succession. However, that manner, she urged still the Appeal, beseeching might both prevail himself the occasion, and the Pope cite the king, himself proctor,
also satisfy the doubts had raised, not his appear. But the Pope thought own alone, but subjects breasts, sent gently thus exhort our king
rather take again the fol
queen Catherine some lords his council, his wife Catherine; which wishing them acquaint her with these Deter lowing Letter
minations (which also find had been shewed
the Pope,) and together demand her CLEMENT VII. Pope. quieting the king's conscience, and ending this “To our most dear son
business, whether she would rather refer herself and apostolical benediction.
the Judgment four spiritual, and four tem tender affection towards you, for the sake of
poral lords this kingdom, stand her both your honour here, and your salvation Appeal. To which the sad queen answered, hereafter, should glad find false, has “That her father, before consented her been reported us, and many hands con second marriage, had taken the advige firined, concerning your highness, that although doctors, and clerks, whose opinion she believed not only before, but since the Controversy has rather than any others; and that, the Pope been depending about the lawfulness the having confirmed she wondered that any Marriage Contract between yourself, and our
you tell the king, am his lawful wife, and will abide, till the court Rome determine the contrary. ” But our king, who alledged
his proceedings were according the law
God (which therefore said should more
insisted on, than any other authority) sent other messengers, exhorting her still con form herself; among whom one spake this effect: “Madam, you cannot ignorant how much you have provoked the king's displeasure
did
#.
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353] STATE TRIALS, 19 Henry VIII. 1528. —Dizorce of Catharine of Arragon. [354
most dear daughter in Christ, the most excellent
Catherine queen of England; you entertained
the said Catherine in your palace, and lived
with her as your queen and wife, as it was fit bad they are represented
ting you should do; yet now of late you have that you yourself would take such care, your not only removed her from your person and singular wisdom, that nobody may this thing court, but have banished her from the city, the have occasion speak your highness, usual place of her residence, and sent her to whose virtues have other your actions another place, taking in her room publicly to been conspicuous. For any catholic
your bed and conversation, a certain lady Anne,
us; and farther,
his great grief, any heretic his mighty joy,
with whom you cohabit, and to whom you shew
that conjugal love and affection, which is only
due to your wife, the said queen. Which whom you married, the daughter king, the
thing, most dear son, if it be true, and you
would lay aside carnal affections, and give
yourself leisure to think, we doubt not but that,
although we were silent herein, you would soon
perceive upon how many several accounts it is
unworthy your highness, either as it is a great sation, but also contrary contempt of our Judgment and Sentence, which
you thus refuse to stay for, as it is a publick
bition; he cannot but
this judgment the best
one that little regards the authority the Church, and nothing values the public peace, than which we are satisfied nothing can far ther from your highness's will and intention; insomuch that should any one your kingdom dare this which reported your high ness, we surely know that you would far from approving, that you would most surely
scandal to the Church, or as it is a manifest
kings, that
violation of the public peace; which things are contrary the principles virtuous and religious prince, we have always esteem
your highness, that though they have daily
more and more been confirmed unto us, yet we have found great difficulty believe them, things wholly repugnant your nature, and
see what measures will most proper for
take. We wish, dear son, that these things were false,
we have said, least not
should hear that you have now removed afar off from your bed and presence, your queen
aunt the emperor, and king the Romans, after she had lived with you more than twenty years, and had several children you; that you have openly taken another woman your
ed, not only without our licence and dispen
our express prohi some measure make
your usage. For what punish Wherefore, my son, we most
well defended the power the sword, and trious your highness, are looked upon
the strength argument, our most holy faith marks and patterns whereto others may direct and the catholic Church Surely the public their aim, and whereby they may form their Peace and tranquillity have prince our practice. Nor ought your highness neglect age, been more carefully preserved than you, the common safety, and overlook the peace and who piously undertoo! , war for the Church, tranquillity Christendom, which the best gloriously prosecuted and length for the princes have never failed pay, duty sake public peace and quiet desisted from bound, regard. Nor ought you, my son,
from whence your highness has been justly offer this injury the most serene princes, the esteemed the arbiter peace and common emperor and the king the Romans, the said concord among Christian princes; wherefore quéen Catherine's nephews, who have never when we hear these strange things concerning given you offence, thus proceeding before you, raiseth both our admiration, and en your Cause determined, thereby disturbing creaseth our grief, that this one action yours, that universal peace among Christian Princes,
true, should cast blemish upon the wherein alone our safety from the Turks con
glory your former life and behaviour. Where sists; lest you give occasion much scandal
perfectly contrary
can more unnatural your integrity,
you, less agreeable certainly believe that your knowledge
one hand, both your informed herein, ought your practice
your ambassadors, inplore such, not give occasion scandalous re
letters and
our assistance determining your Cause, and ports; especially these dangerous times, on the other, your actions judge and which abound with heresies, and other most decide your ownself? contemn the au grievous calamities, lest what you do, should thority the Church such proceeding, grow precedent and example for others; for how unlike the actions him, who has the actions princes, especially those illus
the Church, and great danger, the Christian world, and provoke the Almighty by matter this weight with neglect, we far, change the great blessings has
tore we could not but enquire into the truth hereof more carefully, and ought not pass
were willing send you this kind admonition,
long poured down upon you into bitterness and affliction. We therefore of our tender
loving and affectionate father, before we
are forced deal with you the severer love and affection exhort you, and our pa
methods impartial judge. The high dig your majesty, your most deserving ser vices us, and our most tender love and af
ternal duty, warn you, my son, that the sake that kind indulgence and favour which we have always shewn, and shall continue ever shew you, unless you hinder us, that, these things true, that tarnish your former repu.
fection you, makes choose act towards
you, with respect and gentleness the per
son kind parent, and long lay aside our tation piety and glory, you yourself would office Judge, till your Letters we shall amend them affectionately taking again
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35. 5]
STATE TRIAs. S. , 19 HENRY VIII. 1528. -Proceedings relating to the [356
yourself your queen Catherine, by giving her any man had much married two sisters,
the honour and respect due to a queen, and the first were carnally known. But for the bro the tenderness and affection due to wife : and ther marry the brother's wife was abhorred
by removing the said lady Anne from your among nations, that never heard any
bed and conversation, so long at least till your Christian did but himself; and therefore o Cause shall be determined, and we have given wished them to believe that his conscience was
Sentence herein. Which, although it be no troubled. ” -
more than your duty, and what will greatly While these things thus passed, king Henry conduce to your honour, and advance your commands his agents Rome, (the bishop glory; yet we shall take as a great mark of Worcester and Gregory Casalis) present your highness's respect and good will towards
us. For as our most earnest desire is always
to preserve in you your good esteem of us, and
your customary duty and affection to the apos Rome, offer disputation for the same. To tolical See, which in your regard and your second this again, king Henry Jan. 1532, actions, you have never failed to shew : so we sends William Bennet, doctor law, Rome. cannot without the greatest grief betake our with instructions this purpose. But because
selves to the sharper remedies of Justice; to which the indignity offered to our own person herein, which we can willingly pass by, could
never prompt us, nor indeed can any thing
force us to but the honour Almighty ther about February, Edward Karne, doctor God, the advancement the public good, and law, his excusator; and remonstrate,
the salvation your immortal soul, our that his grace not bound law appear
Nuntio with you has orders more fully ac But the Pope making difficulty
admit this the Consistory,
whether ought heard
time being spent herein, the queen's agents re quire the Pope proceed the principal Cause. the meanwhile our king, sir Francis Bryan, importunes Francis intercede
But the Pope had good Answer thereunto; for him with the Pope who, thereupon by for the people for the most part exclaimed Letter, dated March 16, insorins his holiness, against the match (as our Historians relate) that the request the king England just, the king would have found perchance some dif. and ought relieve him. Or else they two ficulty appease their scruples, when otherwise (being une mesme chose, and who have well
could have satisfied his own. The queen deserved him) shall forced seek such wanted not yet those who defended her Cause other remedies, shall not please him,’ &c. publickly, both Books and Sermons (of whom To enforce this most earnest Letter, Francis the chief were Thomas Abel, her chaplain, and sends Gabriel Grammont, bishop Tarbe,
quaint your highness. Given Peter's
excusator, was disputed
under the Seal the 9th year
the Fisherman, Jan. 25, 1532, our Pontificat. ”
the House Commons peti
no? But much
unto the Pope the Opinion divers famous lawyers, favour his Cause; procuring also
learned inen from parts Italy, come
was found, that, the continual intercession the queen and emperor, the Pope intended
shortly cite the king appear Rome, ei
ther person proxy; dispatches thi
moved,
tion the King take his Wife again.
-
`-- Temse, the Lower House Parliament, who committed for maintaining the papal authority,
motioned that they should Petition the king and that another priest (being put prison take his queen again; which being advertised the abp. Canterbury for favouring Luther)
our king, sent for Thomas Audley, the after had appealed the king tanquam Do
John Fisher, bishop Rochester) and privately
discourse, (especially women) though not suf ing continually urged
ficiently either clear objections, re proceed against the king, and hearing besides, move king from his affection Mrs. Anne first, the Prohibition Annates above men Bolen. Among which must not forget one tioned, and afterwards that certain priest was
Speaker the House, and told him this ef. fect: That marvelled any among them should meddle businesses which could not
properly determined there. As for this par ticular, that concerned his soul much, that many times wished the Marriage had been
good, but since the Doctors the Universities had generally declared unlawful, could
minum Supremum, was set liberty, proceeds" Citation; and calling Consistory, July
commits the hearing the Cause Paulus de Capisucci, dean the Ruota, and appoints the month October 1532, for the king's appear ance, protesting alioqui procedetur, &c. the mean time, writes our king, certifying him what was done, yet omitting the Clause
less than abstain from her company. Which alloqui procedetur, intreating him further therefore he wished them take the true send proctor; making also this overture
reason, without inputing any wanton ap our agents, that will content that the petite since, being the one and fortieth process shall England, except only the year his age, night justly presumed such final decision, which, because there question
motions were not quick him. All which,
that tirey might the better under-tand, had
informed himself all parts Christendom,
concerning stratoge Marriages; and that, saving cites our king again, his proctors, finally
lately cardinal, Pope, yet,
made
the papal authority and the law divine, he will reserve himself. The term prefixed for our king's appearance being expired, Capisucci
Spain and Portugal, could never find that his orators. To all which Edward Karne all
the who be the Imperialists
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357] STATE TRIALS, 19 HENRY VIII. 1528–Divorce of Catharine of Arragon. [338
swered publickly, Nov. 14, 1532, That the Pro
ceeding was undue, both as the question con
cerning his Excusation was not decided, and
that he could not get a copy of the Citation;
and finally as it was not congruous to the Breve
c Rome, that he could not expect justice, where the king's Clandestine Marriage much fore, unless they desisted, he declared, that he longer hidden, the new queen being quick with
must appeal from thence to the able men in child that resolved shortly, both pub
sent to the king concerning this business. Be
sides, that the emperor was so powerful in chosen this place. Neither, indeed, could
4 some indifferent universities. And that, if this were refused, he protested then a nullity in
that they did. But the Pope, little regarding
lish his Marriage, and require his Clergy
proceed Sentence concerning the Divorce.
His parliament, the mean time, favouring this, goes Bononia shortly after, meet the his intentions, that they made Act against
emperor, according agreement made Appeals Rome, the little displeasure good while since betwixt them; promising our queen Catharine, who found thereby how dan agents yet, that notwithstanding the queen's gerous would (in point our law) in proctor's solicitation, nothing moment should sist hers. Howsoever, find she had many
done this Cause, till the emperor were de openly favoured her Cause, without that our
parted. —Our king finding could obtain
satisfaction from the Pope hastens the League with Francis, formerly projected, conclu
king thought Sentence
punish them.
Divorce pronounced against Queen Catharine,
sion and the rather, that heard this meet ing betwixt the Pope and the emperor would shortly follow.
Queen Catharine was now Ampthil Bedfordshire; and because conce fied the The king finding that the emperor, who king acquaint her with the causes this second Marriage, sent again some grave persons prepare her thereunto, wishing her together submit. But she persisting still, Cranmer, abp. Canterbury, cited her ap pear Dunstable, being six miles off. Where
Whereunto conduced much, that Warhanu, abp. Canterbury, being lately lead, Thomas
Cranmer (an able person) much favoured
our Historians say, and lately the king's business Italy, and
the nobility, employed this present
Germany, was, though absent,
seemed while desist from the eager prose cution his aunt's cause, was now more vehe ment than ever; sends Instructions his agents Rome, protest his name, that was not bound either his own person,
proctor, appear there, urging this
for deciding this business, appointed Court held and with him came the bi shops London, Winchester, (being Stephen
purpose, the Determination ~ties, and particularly
some universi Orleans and Paris.
permitted doctor Gardiner) Bath, Lincoln, and many great himself) divers motions clerks. Their first proceeding (as Sanders hath the Pope, the principal whereof our Re was citation our king put away his
cords find these. First, that seeing the wife Catharine, protesting otherwise that they Opinion lawyers, and the Council Nice, would censure him. But the Records which
the matter ought decided partibus; have seen, mention only that Cranmer de and that the laws England the determi manded and obtained leave the king de nation concerning the Succession) cannot termine the matter, since caused much doubt elsewhere made; would please his holi among the common people, and fears great ness that the abp. Canterbury taking him inconveniences matter of Succession. The
two eminent bishops abbots, the whole Court being now held, and the queen suum clergy his province, should decide the same. mon'd days together, without yet that she But this being dislik'd the pope, Bennet appeared, the archbishop having first pro secondly propos'd, whether would refer the nounced her contumacious, proceeds Sen
Notwithstanding which, Bennet make (as
Tho. More, the bishop
Cause might heard England, and that
the queen refused the Sentence, she should “In the name God, Amen We Thomas have the benefit her Appeal before three divine permission archbishop Canterbury,
judges, one England, one France, and the primate England, and legate the third from the Pope who also should discuss apostolical see, certain cause enquiry the matter some indifferent place. But the and concerning the validity the Marriage Pope allowed not this, saying, “Since saw contracted and consummated between the the king would needs conserve his authority, most potent and most illustrious prince, our
determination London,
nominate the king, and emperor name another, and
tence, which also caused publickly rend the chapel our Lady the priory Dunstable, before two notaries, and then
soon
let the queen
the French king the third, and the abp.
Canterbury the fourth. But this, also being
rejected, Bennet came, seems, the last de as he had advised with his council. gree the Instructions, which was, that the
would likewise via ordinaria. '
conserve his, and proceed
sovereign lord Henry the grace God king England and France, defender the
faith, and lord Ireland, and the most serene princess Catharine, daughter his most catho
now his best expedient
Our king thought
stand the decision his own clergy
sent the king, desiring further know his
mind concerning his second Marriage,
The Tenor Sentence was this.
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359] STATE TRIALS, 19 HENRy VIII. 1528. -Proceedings relating to the [360
lick majesty, Ferdinand king of Spain, &c. of dence, strength and validity, which the glorious metuory; we proceeding according to said Cause we have fully and clearly informed law and justice in the said Cause, which has ourselves, we find, and with undeniable evi been brought judicially before us in virtue of dence and plainness, see, that the Marriage our office, and which for some time has lain contracted and consummated, aforesaid, under examination, as it still being not yet between the said most illustrious prince king finally determined and decided, having first seen Henry and the most serene lady Catharine, all the Articles and Pleas which have been ex was and null and invalid, and that was con
hibited and set forth her part, together with tracted and consummated contrary the law
the Answers made thereto, and given the part the said most illustrious and powerful prince Henry having likewise seen, and dili gently inspected the Informations and Deposi
tions many noblemen and other witnesses
unsuspected veracity exhibited the said Cause;
having also seen, and like manner carefully
considered not only the Censures and Decrees
the most famous Universities almost the whole
Christian world, but likewise the Opinions and Determinations both of the most eminent divines
God. Therefore we Thomas, archbishop,
primate and legate aforesaid, having first called
upon the name Christ for direction herein, and having God altogether before our eyes,
pronounce sentence, and declare for the nul lity and invalidity the said Marriage, decree ing that the said pretended Marriage always was, and still null and invalid, that was contracted and consummated contrary the will and law God, that no force obligation, but that always wanted, and still
and civilians, also the Resolutions and Con wants the strength and sanction law, and clusions the clergy both provinces Eng therefore we sentence, decree and declare, that land convocation assembled, and many other not lawful for the said most illustrious and wholesome instructions and doctrines which powerful prince Henry
and the said most have been given and laid before concern serene lady Catharine, remain the said ing the said Marriage. Having farther seen, pretended Marriage; and we separate and
land, and the said Ferdinand glorious me said pretended Marriage facto and not mory, late king Spain, having besides seen, jure, and that they separated and divorced, and most carefully weighed and every are absolutely free from Marriage Bond, the Acts, Debates, Letters, Processes, Instru with regard the foresaid pretended Mar ments, Writs, Arguments, and other things riage, we pronounce, decree and declare by which have passed, and been transacted the this our definitive Sentence, and final Decree, said Cause any time, which thus seen which we now give, and the tenor these and inspected, our most exact care examin presents publish. May 23, 1533. ”
and with like diligence inspected the Trea divorce from each other the said most illus ties and Leagues peace and amity this trious and most powerful king Henry and account, entered upon, and concluded between the said most illustrious lady Cathorine,
Henry immortal same, late king Eng much they contracted and consuminated the
ing, and our most mature deliberation weigh The king hereupon (according the Decree
ing them, hath been used, reserving here the last parliament) commands strictly Ca
whatsoever right ought re tharine should no more called queen, but served. Furthermore the said most illustrious princess dowager, and widow prince Arthur.
and most powerful prince king Henry the
forementioned Cause, proper proctor
having appeared before us, but the said most
serene lady Catharine contempt absenting And now the news the archbishop of herself, (whose absence may the divine pre Canterbury's Sentence, and open Marriage sence always attend) and with the advice mistress Anne Bolen, being come the Pope's
most eminent skill divinity, whom cerning the Book our king had composed have consulted the premises, we have found against the Pope's authority (which also more
the most learned the law, and persons ears, and together with Information cou
our duty proceed
and definitive Sentence which accordingly we
give our final Decree than any thing else offended him) the whole the said Cause, college cardinals, especially such were for this manner. Be the emperor, became humble suppliants the
cause acts, warrants, deductions, propo Pope, that would proceed rigorously against
sitions, exhibitions, allegations, proofs and con our king; which also the Pope accorded, though
fessions, articles drawn up, answers wit not that peremptory and publick manner nesses, depositions, informations, instruments, was afterwards done; for find that this Sen arguments, letters, writs, censures, determina tence was not definitive the principal Cause, tions professors, opinions, councils, asser (as the imperials desired, and Sanders mistakes tions, affirmations, treaties and leagues but only declarative the point At peace, processes and other matters the said temptats, (as they call that king Henry Cause above-mentioned before laid, (the Cause yet depending) had divorced himself had, done, exhibited, and respectively produced,
also from the same and sundry other reasons, causes and considerations, manifold arguments,
and various kinds proof the greatest evi
without the leave and authority the Pope. Therefore was declared that all his actions
The
King proceeded against vigorously Rome.
herein were subject nullity, and himself excommunication, unless restored things
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361] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [362
integrum, for which time was allowed him till the command taught, that the
end of September following. These proceed council above the pope, and that hath
ings being reserved, and the censures thus sus pended, argued that the Pope was willing be
any other foreign bishop. Lastly, send into
fore he went any farther to see the success of
Germany, confederate with the king Po land, John king Hungary; the dukes Saxony, Bavaria, the landtgrave Hess, &c.
his interview with Francis, which was accele
rated by this means. —This while, our king be
ing confident, that either by the Pope's good
permission, or his proper authority, he should
be able to justify a Cause which so many Uni things being resolved on, for final Answer, versities had sentenced on his side, proceeds to desired the bishop Paris certify Francis, the coronation of his new queen, which also That the pope would supersede from execut was performed with much solemnity. —The ing his Sentence, until had indifferent judges
ol more authority England God's law than
Pope was often solicited by Francis in the be sent, who might hear the business, would half of our king, that at least the time of de also supersede from the execution what claring the Censures against him might be pro was deliberated withdrawing his obe_l rogued. But the Pope answering only, that dience from the Roman see. But the bishop, though the term prefixed for fulmination were who thought this alone not enough reduce now past, yet he would omit further process things into good terms, made offer nego till he came to Rome. Our agents not con ciate the business Rome; which our king tent herewith, proceed in their Instructions, gladly accepted, assuring hum withal, that
and Edmund Bonner, as I find by an Original soon had obtained what was demanded, of his to our king, getting audience of the would send sufficient power and authority Pope, Nov.
7, in respectful terms, and under confirm much was accorded on his
likewise the Hanse-Teutonick towns, being Lubeck, Dantsick, Noremburgh, &c. These
protestation that his majesty intended no con part, having entire confidence his discre tempt of the see apostolick or holy church, inti tion and sufficiency, ever since his two years mated to him king Henry's ‘Appeal to the next employment ambassador this kingdom. General Council lawfully asseumbled,' exhibiting Whereupon the bishop, though Christmas also the authentick Instruments thereof (made holydays, and extream winter, posted
before the bishop of Winchester;) at which Rome: where came before any thing was the Pope being much incensed, said, “he would done, more than what formerly past; and here refer it to the Consistory. ’ Which being held obtaining public audience the Consistory, Nov. 10, he answered Bonner, “That, con
cerning the king's Appeal he rejected
being unlawful, and against Constitution
Pope Pius. For the Council, would pro would be the whole church. Which cure belonging his authority, and not vailed, that they prefixt day for receiving
king Henry's. For the Original Instru our king confirmation thereof. Insomuch, ments, which Bonner required back, “he de that courier was dispatched our king Henry, nied them,' and dismissed him; desiring desiring his Answer, within the time limited.
Francis only, that would persuade our king But the term being expired, and Answer to conform himself his ancient devotion and brought, the pope resolved proceed ful
obedience the Roman Church. ” Shortly af mination the Sentence which being adver
ter which, being the 12th Nov. 1533, the tised Bellay, repaired the pope and
Pope returned. find moreover that the abp. cardinals, (then sitting full Consistory) de Canterbury this time suspecting the Pope siring them stay while, being probable
would proceed against him,
our king made his Appeal also
which desired our agents
Pope. The success whereof yet doth not ap pear our Records.
The Pope's Sentence against the King set Dunkirk.
About this time the Pope's Sentence against the king was openly set Dunkirk Flan ders; that prevent further inconveniences,
the king (as our Records shew) advised with his Council, Dec. First, To inform his subjects
his Appeal the Council General, and the justice thereof. Secondly, Of the Unlawful ness the dowager's Appeal Rome, and the
that the courier, either through cross winds, other accidents long journies, might de tained concluding his speech, that the king England had years together been pa tient, they might attend six days; which space only desired them give him, for the re
the advice the Council:
intimate the
late statute against which said statute was
(for that purpose) set upon every church certain cardinals. By reason whereof the door England, also his majesty's said Pro Sentence was precipitated, that, what ac vocation, Appeal, whereof transumpts also cording their usual forms could not done were scnt into Flanders. Thirdly, To less than three Consistories, was now dis
eloquently declared our king's Message, re
resenting both what had obtained our ing, and shewing withal how advantageous
ceiving being put
our king's Answer; this proposition the question, the plurality
voices carried rather, that
against our king, and the this mean time, news came
Rome, that the king had printed and published the Book written against the Pope's authority, (which yet was untrue, for came not forth
afterwards, though was not yet kept
close, but copy was now come the Pope's hands) and that there was comedy repre sented court, the little defamation
pre ! .
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*
363] STATE TRIALS, 19 Henry VIII. 152s. -Proceedings relating to [364
patched one: and final determina Henry against the said queen Catharine, upon tion the Marriage with queen Catharine was the invalidity the said marriage, have pronounced good, and king Henry commanded been and judged unlawful and unjust; and
accept her for his wife, and case refusal the said king from henceforth for ever hold Censures were fulminated against him. But his peace, and not heard any court two days the six were not past, when the hereafter speak touching the invalidity courier arrived with ample commission and au the said matrimony: like we also here thority from our king, conclude and confirin will and charge him hold his peace, and
all that the bishop had agreed his name. put him perpetual silence herein; willing Which was this, (as the writer the Concilio moreover and adjudging the said king Henry Tridentino hath that king Henry was con condemned, and presently here we do tent accept the Judgment that court, upon condemn him the expences the said queen condition that the suspected and imperial car Catharine's behalf here our court, expended
dinals should not intervene, and that indiffe and employed
traversing the aforesaid cause,
which expences we reserve limited and taxed, we shall
rent persons should sent Cambray informed the merits the Cause
authority further for his proctors appear that court. At which, the more wise and tem.
the valuation
ourselves
giving
perate cardinals were astonished, that they our Consistory, 25th March 1534. Blosius.
became humble suppliants the pope, that would advise how things might repaired;
whereupon the business was again discussed.
But remedies being judged either late,
impossible, the Sentence stood, and the empe
ror was made the executor The bishop
now returning toward France, met (as find
our Records) Edward Karne and William Re and bloodshed this realm) was enacted, vet, who were employed our king for solicit that the king's Marriage with the lady Catha
ing important they rine, ocarnally
this business. But un wife and known his brother
derstood the bishop, that the first Marriage prince Arthur (as was lawfully proved before
was pronounced good, and the issue legi timate, they judged lost labour proceed,
and advertised our king.
The Sentence was this effect.
“That Pope Clement the seventh with the consent of his other brethren the cardinals as
sembled together the consistory, sitting there the throne justice calling upon the name Christ, and having God only before his eyes,
Thomas, abp. Canterbury) contrary
and the matrimony with queen Anne shall be taken for firm and good and the issue thence procreate accounted lawful; the inheritance
the crown belong the same, manner following, viz. First the eldest son begotten
the king queen Anne, and the heirs the said son lawfully begotten, and for default such heir then the second son, &c. and
England, and shall bound and obstrict issue, the right heirs the king's
-
be held void and she styled more queen, but Dowager prince Arthur,
doth pronounce, define, aud declare the
cause and causes between his dear daughter queen Anne decease without issue male, then
Catharine queen England appealing the
see apostolique, and his beloved son Henry the 8th, king England, concerning the validity
the crown to descend the son and heir of the king's body lawfully begotten, and the heirs of the said son lawfully begotten, and for default
such issue, the second son like manner, &c. And for default sons, that then the the Consistory Court the said Pope Clement; crown shall belong the issue female the
and invalidity the matrimony heretofore con tracted between them, and yet depending
that the said matrimony always hath and still king queen Anne; and first the first be doth, stand firm and canonical, and that the gotten the princess Elizabeth, and the heirs issue proceeding, which shall proceed the her body lawfully begotten. And for de same, standeth and shall stand law full and le fault such issue then the second daughter gitimate and that the aforesaid Henry, king like sort, &c. And for default all such
judge meet hereafter. We pronounce, Rome our Apostolical palace publicly
The King's Marriage with Catharine made void Act Parliament.
tool the matrimonial society and cohabitation was ordained that this Act shall pro
with the said lady Catharine his lawful wife claimed before May next throughout the king and queen, hold and maintain her with such dom. And persons age shall swear love and princely honour, becometh loving accept and maintain the same. They who re
* husband, and his kingly honour do. —Also fuse the Oath standing guilty misprision that the said Henry king England, shall High Treason; and they who speak write refuse perform and accomplish and against the Marriage Succession here esta
singular the premises, effectual manner condemned and compelled hereunto
all remedies the law, and enforced, accord
and enforce
molestations the said king
blished, adjudged traitors.
Two Bishops sent acquaint Queen Catharine with this Act.
The Pope having proceeded those rigor ous terms with our king, (as formerly inen
ing we
him
and refusals whatsoever made
condemn, compell, do, providing, that
the year 1554, Hen. upon the suit Parliament the king for the establishing
the Succession the crown (the uncertainty whereof hath caused heretofore great division
God's law,
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365] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [366
tioned) and for more auothorising his Sentence, body your realm gathered together par made the emperor executor thereof, hoped now liament, hath for the establishment this to have his revenge, but he was deceived. For issue, your dearest wife queen Anne, and though the emperor did accept this over the Succession coming this Marriage, made
sake, against
ture, for his aunt queen Catharine's and Acts and Ordinances them that
the hope he had to dispose of the princess Mary, would word deed withstand them, and as inheritrix of the crown, yet as he had deeper that for these purposes, we were sent her designs, in aspiring to the conquest of Italy, grace, the intent she might understand the
and indeed to an universal monarchy, he was true purpose these Acts, with the pains; no less glad of the occasion to take off our lest ignorance she should fall any king from the Pope ; howsoever each side pre them, and declared the Act. Which thing pared for war. The emperors intention was, being thus declared her, she being there with to give the princess Mary to some one, who great choler and agony, and always inter upon her title might pretend to the crown, rupting our words the aforesaid points, whom therefore he promised to second. Our made these Answers following. To the first, king and Francis not ignorant of the emperor's that she took the Matrimony between your designs, agreed on the other side, partly to highness and her for good, and always would
join with the duke of Gueldres for invading the account herself your highness's lawful adjoining territories to France, and partly to wife, which opinion she said she would con renew the ancient claim to Navarre, and assail tinually, till death, persist. To the second,
the emperor in those quarters. Yet neither she utterly denied that ever carnal knowledge did that of the emperor take effect, because was had between her and prince Arthur, and there was no means to recover the person of that she would never confess the contrary, and the princess Mary. Nor this of our king's, be with loud voice when mention was made of cause Francis employing his thoughts wholly that point, she said they lied falsely that
on the affairs of Italy, did not think said. To the third, she answered, that she comply openly with one against whom the Pope not bound stand that Divorce made had fulminated. Howbeit, our king for defence my lord Canterbury, whom she called
his authority and second Marriage, neg shadow, and that although had given Sen lected not to obtain from the parliament con tence against her, yet the Pope had given Sen firmation thereof, and the Succession tence with her, whom she took for Christ's vi that line, (as mentioned before;) sending also car, and therefore would always obey him,
queen Catharine Bugden near Hunting his faithful daughter. To the fourth, she ans don, sequence thereof, Edward Lee, abp. wered, that she would never leave the name York, and Cuthbert Tonstall, bishop Du queen, and she would always take herself for resme, signify unto her, that took your highness wife. To the fifth, she said that that she still claimed the title Queen, &c. this Marriage, made after her Appeal, which the passages which negociation have thought she made your highness leave and consent,
transcribe out the Original Record, of no value. To the sixth, she answered, that containing many material points concerning she not bound the acts the parliament. the whole frame of the business. for much she your highness wife, and
Their Letter the King, was this
“Please your highness understand, that jects your favour, your highness being party
this day we repaired the princess Dowager,
and there the abp. York, for introduc tion declare her the effect of our commis
sion, said her; That your highness had often sent her divers your council, and
amongst them me, one, declare unto her the invalidity the Marriage, between your high
ness and her; That carnal knowledge, which the great key the matter, sufficiently
this matter; with divers other unseeming words. Unto which her Answer the bishop Duresme replying, forasmuch she had
said her communication, that both and the residue her council had always shewed unto her, that her matter just and good; said, that the question whereupon we were con
sulted such time the legates were here, depended only upon the validity the Bull
proved the law, also some that were and Breve, albeit said, that sith that time
the council avow That upon proof sufficiently made carnal knowledge, Divorce
was made between your highness and her; That upon Divorce made lawful Sentence, she was admonished leave the name of
queen, and not account call herself here after your highness wife; How that after your highness was discharged the Marriage
divers other questions had risen and been de bated many Universities, the chief Christendom, which one was Bononia, the Pope's own town and them concluded, that after the decease of the brother, who had had carnal knowledge with his wife, the brother living might not marry the said wife any dispensation the Pope, because was for
made with her, you contracted new Marriage bidden the law God. And forasmuch with your dearest wife queen Anne; That the Pope (albeit the said conclusions, have
for much as, thanked God, fair issue already sprung this Marriage, and more likely syllow, God's grace, that the whole
been learned men sent from your highness, declared unto him) never made answer maintain lawfully his power the contrary,
not subject your highness, and also because
these Acts were made by, your highness sub
l
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367] STATE TRIALS, 20 HENRY VIII. 1529. —Proceedings against
[363
but rather in confirmation of the Opinions of Almighty God long preserve much ho
the said Universities, said at Marseilles, that nour, his pleasure, and your hearts desire.
if your grace would send a Proxie thither, he At Huntington, the day May. By your
would give the Sentence,for your highness highness most humble subjects, servants and
against her, because that he knew that your Cause was good and just, which his saying was accordingly also to an Epistle Decretal sent
cinaplains, Edova Rd Ebor, Cuth BERT DU REs Me. ”
Queen Catharine, (as the king commanded hither by the legat Campejus, whereof the ef her called) the Princess Dowager, finding fect was, that if marriage and carnal know now assistance but spiritual from the Pope, lege were had betwixt prince Arthur and her, nor reparation procured the emperor but
the legates should pronounce for the Divorce, incertain and slow, and for the rest grieving according whereunto proofs were brought in the prosperity and fruitfulness queen Anne before the legats, and also since, before the (now with child again, whereof yet she miscar convocations of this realm, and the bishop of ried) fell into her last sickness Kimbolton Canterbury, and by them allowed and approved Huntingdonshire, the 50th year her age, as sufficient and lawful: whereby doth plainly and the three and thirtieth since her coming appear, that the Sentence given, by the Pope into England; during which time, though com to the contrary was not vailable, because it forted the king and Eustachio Chapuys, pronounced the Dispensation, (which he had
no power to grant, seeing it was against the law of God) to be good 3. therefore I had now changed my former opinion, and exhorted her to do the semblable, and forbear to usurp any more the name of a queen; specially for that the Sentence she sticketh so greatly unto, was
doctor both laws, and ambassador resident from Charles, she fell desperately
“My most dear Lord, King and Husband The hour my death now approaching, can given after your Grace's appeal to the council not chuse, out aut love bear you, advise
finding death now coming, she caused
maid this
attending her write the king effect:
general, and intimate to the Pope, so that it you your soul's health, which you ought could not be vailable. And that if she should prefer before considerations the world
so do, she might thereby attain much quiet flesh whatsoever. For which yet you have cast ness for herself, and her friends, and that me into many calamities, and yourself into she being conformable so to do, I doubted not many troubles. But forgive you all; and but your highness would suffer her to have pray God likewise. For the rest about her such persons as should be to her commend unto you Mary our daughter, be pleasure, and intreat her as your Grace's most seeching you good father her, dearest sister, with liberty and pleasure, have heretofore desired. must intreat you with divers other things which her much also, respect my maids, and give them enterlacing, was forced answer unto. The marriage, which not much, they being but specialties whereof, and her obstinacy, that three; and my other servants, year's she will wise, for any peril her pay besides their due, lest otherwise they life goods relinquish the name queen, should unprovided for. Lastly, make this we remit for tediousness unto the wisdoms vow, that mine eyes desire you above all and discretions my lord Chester, Mr. things. Farewell. ”
Almoner, and Mr. Redell, who like they Besides which Letter she dictated another have very substantially, wisely, and effectually Eustachius, desiring him procure that the ordered themselves the execution the emperor might put our king mind her re premises, doubt not, but that they quest, when otherwise forgot
will sincerely report the circumstances the afterwards she died. same unto your highness, whom we beseech
29. Proceedings against Thom Wols Ey, Cardinal and Archbishop York, upon Praemunire, and for other Offences: Hen. VIII. 1599. [Lord Herb. Kennett Comp. Hist. 123.
Co. Inst. 89. Cobb. Parl. Hist. 490. ]
CARDINAL Wolsey being now divested his late power (wherein had the glory, some sort, have been superior his king)
could hope for, when such puissant enemies did procure his destruction Therefore, though
received some advices from Itome, which and for the rest being left alone, and exposed might argue care rather than power for his
not only general hatred, but the private conservation, yet effect what secret intelli machinations the present and future queen, gence soever passed betwixt the pope and him, became sensible his estate; though yet came the emperor first, and after queen
did not believe himself near his over Catharine, who cunningly caused be throw, appeared afterwards. But what whispered into the king's ears, some more
and soon
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369] STATE TRIALS, 20 Henry VIII. 1520. -Cardinal Wolsey. [370
indirect ways, than could possibly imagin chamber adjoining, vast quantity other ed to proceed from her. Likewise mistress plate. All which the cardinal commanded Anne Bolen, having learned from some of the William Gascogne (his treasurer) deliver king's wisest and gravest counsellors divers the king, when was required.
malversations of the cardinal, was so far from disguising then, that she even misinterpreted
his better actions. Edmund Campion adds to these reasons, that Francis Bryan being Rome, did the means familiar one
who kept the Pope's papers, obtain Letter the cardinal's, which wrought his ruin, this
manner: Having first shewed her the cardinal's hand-writing, and then corrupted her, this
courtezan dexterously performed the rest, upon pretence visiting her servant his study, she conveyed away this letter, and gave
Bryan, who failed not immediately send
The Bill against the Cardinal.
the mean while the Bill against the cardinal proceeded, the most substantial parts whereof being extracted out the Original Record, have thought present the reader. The ground upon which Christopher Hales, the king's Attorney, prosecuted the car dinal, was statute Richard which
enacted, “That whereas the commons the realm ought right, and were wont old time sue the king's court recover their presentments churches, prebends, and other
our king. Which relation Campion, benefices holy church, which they had though will not contradict, yet suppose right present, and when judgment shall be
the more improbable, that find original given the said court upon such plea and dispatches, Bryan was come from Rome before presentment, the archbishops, bishops, and
any argument the king's disfavour the cardinal appeared. Howsoever, the way the
other spiritual persons, which have institutions such benefices within their jurisdictions,
and also unany
king took overthrow him was merely legal,
though approaching Summum Jus, after most
mens opinion. the carriage whereof yet
that secresy was used, that the cardinal did
not, perchance out greatness mind,
would not take notice of what was intended right the crown
against him. that though the Bill In ably seized,
dictment was put (at the beginning Mi his progenitors.
chaelmas term) yet did ride that day the Rome" (for
Chancery with his accustomed pomp. Of made divers processes and censures excom which our king being advertised, thought munication upon certain bishops England, forbid him the place; thinking undecent, because they have made execution such that man, who was upon terms conviction, commandments, and also because hath or should administer that high charge. Therefore dained and purposed translate some prelates the dukes Norfolk and Susielk were sent, the the realm, some out of the realm, and some
18th October, require the great seal from one bishoprick another within the said him. But the cardinal, instead rendering realin, without the king's assent and knowledge,
disputed their authority, alledging the place and without the assent the prelates, which
lord chancellor, was the king's letters shall translated; which prelates much patents given him during life. [Qu. the vali profitable and necessary our lord the king,
dity such patent, see Co. Inst. ] The and two dukes hereupon returned court, bring should
his realm which translations they suffered, the statutes the realm defeated and made void, and his said dinal, who having read them, delivered imme liege sages his council, without his assent, diately the great seal; sequence thereof, and against his will, carried away and gotten also submitting himself the king, who com out his realm, and the substance and treasure manded him leave York-Place, and simply the realm shall carried away, and the
ing the next day the king's letters the car should
depart Asher, country-house near realm destitute well of counsel as of sub Hampton-Court, belonging the bishop stance, the final destruction the same Winchester. He charged his officers also realm; and the crown of England, which inventory and bring forth his goods. Where hath been free times, that hath been upon much brave furniture made into hangings, earthly subjection, but immediately sub besides whole pieces rich stuffs were set ject God things touching the legality upon divers tables his house; the variety the same crown, and none other, should and number whereof may agined, when submitted the pope; and the laws and (as Cavendish hath fine Holland cloth statutes the said realm, him defeated and
alone there were thousand pieces. Besides, avoided
will, perpetual destruction
the king our lord, his crown, realm, &c. There--
chamber near the gollery was great cause purchased pursued, the court cupboard plate, inassy gold; and Rome, elsewhere, any Translations, Pro
the sovereignty regality, and
on the other side was placed the most glorious
suit copes that had been seen England. established, that, any purchase pursue,
the walls his gallery the one side, were hanged with rich suits cloth gold, cloth
silver, cloth tissue, and cloth bodkin
fore the king,
WOL.
bound, and have made execution ments the king's commandments, time aforesaid, without interruption,
termed the act) had
the assent his lords, and the request the commons, hath ordained and
such judg the
bound right other the king's
make execution commandments:
which England hath becom peace
well now, the time all And whereas the bishop
ofto
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or at iof l of le . tosir .
so I j STATE TRIALS, 20 HENRy VIII. 1529. —Proceedings against [372 cesses, and Sentences of Excommunication, chattels forfeit, and that his person might
Bulls, Instruments, or other things whatsoever,
which touch the king, against bim, his crown,
and regality or realm, and they which bring
within the realm, or them receive, or make
thereof notification, or any other execution
whatsoever within the same realm or without ; produced against the Cardinal, namely, that that they, their notaries, procurators, main contrary the right the true patron (being tainers, abettors, fautors and counsellors, shall the master and fellows the hospital St. be put out of the king's protection, and their Lazarus Burton-Lazar), had, the same lands and tenements, goods and chattels, forfeit authority, given away the parish-church
to the king, and that they be attached by their Galby Leicestershire, and diocess Lincoln
him
with hands.
that
Upon which statute it was alledged, “That some use thereof the general, called Thomas, legatus de latere, cardinal, archbishop Council the nobles, the Star-Cham of York, and primate of England, being not ber, who having sufficiently condemned him, ignorant of the premises, bad obtained certain afterwards remitted him the Parliainent,
bodies if they may be found, and brought before
the king and his council, there to answer to the
cases aforesaid, or that process be made against
them by a writ of Pramunire facias, in manner
as it is ordained in other Statutes of Provisors,
and other, which do sue in any other court, in de
rogation of the regality of our lord the king. ”— the Cardinal's punishment, unless made
i.
jurisdiction and authority legatine, to the de king also did wisely, since interesting the privation of the king's power established in his publick his condemnation, both declined courts of justice; which said Bulls he caused the censure those who thought the late Pro to be publicly read in Westminster, (Aug. 28, ceedings have been the severest, and en
from Clement
7, by
which he exercised which
began
November 1529. Wherein the
seized on. ”
The Cardinal condemned the Star Chamber.
Not contented herewith yet, another proof the same kind was the king's attorney
(then, vacant the death one Woodroff) one John Allen, doctor both laws, and placed
it. —And thus fell the Cardinal, together his vast possessions, into the king's
But the king did not think enough had particularly advantaged himself
1523) assuming to himself thereupon the dig. deared his people putting the power
nity and jurisdiction of Legatus de Latere, punishing him into their hands. Therefore which he hath exercised from the said 28th of they . # intire satisfaction for they
Aug to this day, to the prejudice of the right had hitherto suffered and applauding
of both secular and ecclesiastical persons, and the king, made him know how thankfully they that by colour thereof, he had given away the took this favour. And thus did the king return Church of Stoke-Guildford in the county of that former good opinion had his
Surrey (being ofright in the donation of the subjects.
prior of St. Pancrase) to one James Gorton, who also enjoyed it accordingly. All which
was to the contempt of the king and his crown,
and contrary to the aforesaid statutes of 16
Rq. 2. Moreover that, by colour of the said
nuthority, he had caused the last Wills and ginal whereof, found among our Records, Testam, nts of many (out of his diocess) to be have thought transcribe and the rather cxhibited and proved in his court, and their for that our vulgar Chronicles inisreport them. goods and chattels to be administered by such “Constrained necessity our fidelity as he appointed. Also that, under colour of and conscience, complain and shew your the said authority, he had made divers visita royal majesty, we your graces humble, true, tions out of his diocess, and drawn divers Pen faithful, and obedient subjects, That the lord sions from Abbeys, to the contempt of the king Cardinal York, lately your graces chan and his laws. ” cellor, presuming take upon him the autho
The proofs of which particulars, though evi rity the Popes Legat latere, hath
dent and notorious, were not yet urged to his divers and many sundry ways and fashions conviction, till, through the king's special per committed notable, high, and grievous Offences,
mission (by writ of October 28. ) John Scuse misusing, altering, and subverting the order of
and Christopher Genney appeared in court as
his Attorneys; where, for other Answers,
they protested the said cardinal's name, that the said cardinal did not know the impetration
the said Bulls have been the contempt and prejudice the king, that was against
any Statute Provisors heretofore made. As graces realm, for the particulars wherewith was charged particularly
Attorney, comparison * master confest them true which but few his
the manner and forum alledged and sub enormities, excesses, and transgressions com mitted himself the king. Whereupon the mitted against your graces laws. That
sourt gave Sentence, that “he was out the say, - king's protection, and his lands, goods, and First, where your grace, and your
ART1cLEs preferred against the Cardinal Parliament.
Hereupon, certain Articles against the Car dinal were preferred parliament. The ori
your graces laws, and otherwise contrary your high honour, prerogative, crown, estate, and dignity royal, the inestimable damage your graces subjects every degree, and con sequently the great hindrance, diminution, and decay
the universal wealth this your touched summarily and
certain Articles here following;
to 1.
to
of
of
so all
is
I in
of
in by
of
of to
of
in
:
he
to it
to he
be
of
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of ininto
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or
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of all
of
of by
is to an it to to by
to
ofto by
de
;
by to sit he in
to
of all
ofofheaoftoof be
of
by
he
so
hehe it
of 3, to
of
of by
of he iu
573] STATE TRIALS, 20 HENRY VIII. 1529. --Cardinal Wolsey. [374
progenitors within this your realm of England, the surety and wealth this realm, the same being kings of England, have been so free, that lord cardinal knowing himself have the foul they have had in the world other sove and contagious disease the great pox, broken
reign, but immediate subject Almighty God, out upon him divers places his body, things, touching the regality your came daily your grace, rowning your ear,
crown England, and the same pre-eminence, prerogative, jurisdiction, lawful and peaceable possession, your grace, and your noble proge nitors have had, used, and enjoyed without interruption, business therefore, the space 200 years and more; whereby your
and blowing upon your most noble grace with
his perilous and infective breath, the marvel ous danger your highness, God his in
finite goodness had not better provided for your highness. And when was once healed them, made your grace believe that his
grace inay prescribe against the Popes Holi disease was impostume his head, and ness, that should not, nor ought send, none other thing. —7. Also, the said lord car
execute any authority lega dinal, authority legatine, hath given, by your graces prerogative within prevention, the Benefices divers persons,
make any legat
time, contrary
this your realm.
York being your subject, and natural liege born, hath his high, orgullous, and insati able mind, for his own singular advancement and profit, derogation, and the great im blemishment and hurt your said royal juris diction, and prerogative, and the large conti nuance the possession the sane, obtained authority legatine, reason whereof hath
only hurt your said prescription, but also by the said authority legatine hath spoiled and taken away from many houses religion this your realin, much substance their goods; and also hath usurped upon your Ordinaries within this your realm much part their juris diction, derogation your prerogative, and
the great hurt your said ordinaries, pre lates, and religious. —2. Also, the said lord cardinal, being your ambassador France,
made Treaty with the French king for the Pope, your majesty not knowing any part there
well spiritual temporal; contrary your crown and dignity, and your laws and estatutes
Now the lord Cardinal
therefore provided; danger your grace
reason whereof
wise than true counsellor ought do, hath used have all ambassadors to come first to
him alone, and hearing their charges and intents thought hath in-tructed them after his pleasure and purpose, before that they came your presence; contrary your high commandment your graces mouth him given, and also other persons sent
him your grace. —9. Also, the said lord Car dinal hath practised so, that manner Let
ters sent from beyond the sea your highness have come first his hands, contrary your
high commandment your own mouth, and also others sent him your grace; reason whereof your highness, nor any your
council had knowledge matters, but such pleased him shew them whereby your
highness and your council have been compelled very force follow his devices, which often
forfeiture lands and your pleasure—8. Also, the said lord cardinal, taking upon him other
goods, and body
of, nor named French king controversy
the same; and binding the said abide his order and award, any doubt should arise upon the same betwixt the said Pope and the French king. —
Also, the said lord cardinal, being your am times were set forth him under such crafty bassador France, sent Commission sir and covert means, that your highuess and your Gregory Casalis, under your great seal, council have oftentimes been abused. Inso
your graces name, Amity with the duke
conclude Treaty much, that when your council have found, and Ferrara, without any put divers doubts and things which have after your highness, nor wards ensued, abuse them used these
command warrant
your said highness advertised made privy
of
words; will lay my head that such thi
happen. ’—10. Also,
shall the said lord cardina
hath practised that manner person, hav
ing charge make espial things done beyond
the sea, should their return come first
your grace, nor any other your council,
but only himself, and case they did the contrary, punished them for doing. —11.
the same. —4. Also, the said lord
his presumptuous mind divers and many his Letters and Instructions sent out of this
realm outward parties, had joined himself with your grace, saying and writing his
said etters and Instructions; “The king and And, would should thus. The
ğ.
king and give unto you our hearty thanks.