No More Learning

of
to
to
to
of
Iin
By he
in
he
it
he toto to sir of in 5. his be as he to Ihe
hein
hehe
do
4. by
to
he
of
he so to
he
of
hesir
of he
to his of
he
to to
is in to if a at ofhe it
to
if is to on if of hehe
to
he
heif
in
as
to
if 3
Ier at ; he
in
so in
hison to he
he to in I he
to
to
ofif
of to ifinheto
ofin to in
It go to
he to
do
to
asbeto noin
to
in of
of he
he of he of
-
on
to to
so
he
heof of he
heat of
by
of
he oftoitof sir
201]
[292
the Trial may The following
therefore
Ertract from Stowe's Chronicle, Howes's edition, 510. 513.
STATE TRIALS, 13 HENRy VIII. 1522. -Trial of the
came to Hopkins, together with his son Stafford, the latter, perhaps his account
and the earl of Westmorland ; and that Hop acceptable some readers. kins asked who he was and thereupon should extract from Stowe's Chronicle
say, that some of his blood or name should added. ]
rove great men. And that, after this, Hop sins should send to the duke, to pray him, ac cording to his promise, to help their house (be
this meane time Edward duke Bucking conduit; the ten pounds, formerly given by ham was accused High Treason, wherefore
ing at Henton in Somersetshire) to make their
him, being spent. ’ And more than this he confessed not. Notwithstanding which, when
the king directed his letters the said duke, being his mannor Thornebury Gloces tershire, that incontinently should come
the Indictment was openly read, the duke
said, it was “false, untrue, conspired, and for his presence, which commandement the duke
ed', to bring him to his death; alledging (as
#. was an eloquent person) many reasons to
falsify the indictment. The king's attorney, on
the other side, producing the examinations,
confessions, and proofs of witnesses; the duke time sir Gilbert Parke the dukes chancellor was
hereupon desired the witnesses, which were taken, which had confessed matter high Knevet, Gilbert, Delacour, and Hopkins, to be treason, concerning the kings person. There
brought forth. These confirming their depo was also attached one Nicholas Hopkins monk sitions, the duke was tried by his peers, (being the order Carthusians, being Henton a duke, a marquis, seven earls, and twelve priory Somersetshire, and John Court barons) before the duke of Norfolk, who was the dukes confessor, and others. These were for the time made lord high steward of Eng prisoners the Tower.
Norfolk delivered his sentence, not without tions were taken divers shires him, that
obeyed, and came London, where hee was straight wayes arrested Henry Marney captaine the gard, and conveyed the Tower
London the 16th Aprill: before which
land. They condemning him, the duke of After the apprehension the duke, inquisi
tears. To which he replyed; “My lord of the knights and gentlemen was indicted
Norfolk, you have said as a traytor should be High Treason for certaine words spoken by
said unto, but I was never one. But, my lords, the said duke Blechingly Surrey, George
I nothing malign for what you have done to Nevill lord Burgaveny, and therewith was the
me; but the eternal God forgive you my death, same lord attached for concealement, and so
and I do. I shall never sue to the king for likewise was the lord Montague, and both con
life: howbeit, he is a gracious prince, and more veied the Tower: and sir Edward Nevill
grace may come from him, than I desire. And brother the said lord Burgaveny was for so I desire you, my lords, and my fellows, bidden the kings presence.
pray for me. ’ Whereupon was brought Moreover, the Guildhall London, be back the Tower; where all the favour re fore John Bruge knight, then maior the ceived was message from the king, declaring same city, inquest, the said duke was in his Sentence was mitigated far, that, instead dicted divers points high treason, the
receiving the death Traytor, should same inditement (which have seene and read) have only his head cut off. Thus ended the appeareth, inferring, that the said duke in duke Buckingham (May 17), much lamented tending exalt himselfe, and usurpe the
the people, (who libelled the cardinal for crowne, the royall power, and dignity the calling him Carnificis filium, Son Butcher,) realme England, and deprive the king being thought rather criminal through folly thereof, that hee the sayde duke might take and rash words, than any intention declared upon him the same against his allegeance, had
overt-act against the king's person; and there the tenth day March, the second yeere of
fore not uncapable his mercy; which also was thought would not have been denyed, had
sued for fitting terms. But since his arraignment, did, were, disclaim his
the kings raigne and divers times before, and after, imagined and compassed the kings death
and destruction London, and Thornebury the county Glocester: and for the accom life, would not obtrude it; and therefore plishment the wicked intent and purpose, the
only caused letter comfort written 24th Aprill, the fourth yeere the kings the dutchess, and lord Stafford. Yet the tra raygne, sent one his chaplaines called John gedy ended not so; for though George lord Court, unto the priory Henton So Abergavenny, after few months imprisonment, mersetshire, which was an house Carthusian was, through the king's favour, delivered; yet monkes, there
"Hopkins, after serious repentance that had
been author much mischief, dyed
grief. And here must observe, that together
with this duke, that great place high-con happen concerning this matter, which had stable England remains extinguished, unless
some extraordinary occasion revive
[Lord Herbert's statement the effect the Indictment, not being nearly full Stowe's,
and there being also some further particulars
his words any manner person, but onely the duke his master, there with declared that
master the said duke should have all, willing
understand one Nicholas the same house (who was
Hopkins, monke
vainely reputed
foreknowledge things come) what should
way revelation have
imagined which inonke, causing the said Court first sweare unto him, not disclose
so of as
so
of histo la
he
at
he
in
of
to
it by it,
it.
of
to of heall be a
of
an
of
to a
Ia hein of
so a of
of
de in la
it
ofby
of
of
be
he he
as by of to
a it
as it
of a
he
of
to: a heof ofto to in of
of
of by
to
inof sirheto to
ofsir to
in
at
to byin of on of to in of of an at
to
byat intoof
of of at toof in
Iof of
of p.
of of
of at to of heof to is
of
to of to deof inof
he to in as so la a of of byof
de |
to
In
293] STATE TRIALS, 13 HENRY VIII. 1522–Duke of Buckingham, for Treason. [204
him for the accomplishment of his purpose to seeke to winne the favour of the people. De la Court came backe with this answere, and told it to the duke at Thornebury the morrow after, being the 25th of Aprill. And on the 22 of July the same fourth yeere, the duke sent the saine de la Court with letters unto the saide monke, to understand of him further of such matters, and the monke told to him againe for answere, that the duke should have all : and beelng asked as well now as before at the first time, how he knew this to bee true, he saide by the grace of God, and with this answere de la Court now also returning, declared the same unto the duke, on the 24. of July at Thornebury aforesaid. Moreover, the saide duke sent the same de la Court againe unto the said monke with his letters the 26. of Aprill, in the 5. yeere of the kings raigne, when the king was to take his journey into France, requiring to understand what should become of these warres, and whe
ther the Scottish king should in the kings ab sence invade this realme or not. The monke
among other things, for answere of these letters,
sent the duke word that the king should have accustomed to have, to the end they might bee no issue male. Againe, the said duke the 20 assistant to him under colour of offices, to bring day of Feb. in the 6. yeere of the kings raigne, his evill purpose to passe. Moreover, the same being at Thornebury, spake these words unto duke sent to the king the tenth daye of May, Ralph earle of Westmerland : Well, there are in the ninth yeere of his raigne, for licence to two dukes created in England, but if ought but retaine any of the kings subjects, whom it good come to the king, the duke of Buckingham should please him, dwelling within the shires should be next in blood to succeede to the of Hereford, Gloucester, and Somersetshire: crowne. After this the said duke on the 16. and also, that he might at his pleasure convey day of Aprill, in the said sixt yeere of the kings divers armours, and habilements for warre into
raigne, went in person unto the priory of Hen Wales, to the intent to use the same against ton, and there had conference with the foresaid the king, for the accomplishment of his naughty monke Nicholas Hopkins, who told him, that purpose, which was to destroy the king, and to hee should bee king; whereunto the duke said, usurpe the roial government and power to him that if it chanced, hee would shew himselfe a selfe: which suite for licence to have retayners,
just and right wise prince. The monke also and to convey such armours and habilements told the duke that he knew this by revelation, of war, the said Gilbert the 20th of May, in and willed him in any wise to procure the love the sayde ninth yeere, and divers other dayes
of the commons, the better to attayne his purpo sed intention. The duke the same time gave, and promised to give yeerely unto the saide
before and after at London, and East Greene wich did follow, labouring earnestly, both to the king and counsell, for obtaining of the same.
priory 6. pound, there with to buy a tunne of And the 20th of July, in the said ninth yeere, wine : and further promised to give unto the the saide duke sent the said Gilbert unto Hen
said priory in ready money twenty pounds, ton aforesaide, to understand of the aforesaid whereof ten pounds he gave in hand, towards the monke Nicholas Hopkins what hee heard of
conveying the water unto the house by conduit. hin ; and the monke sent him word, that be And to the saide monke Nicholas Hopkins, he fore Christmas next there should be a change, gave at that present in reward three pound, and that the duke should have the rule and go and at one other time forty shillings, and at vernment of England. And moreover, the another time a marke, and at another time sixe 20th Febrnary, the 11th yeere the shillings and eight-pence. After this, on the 20 kings raigne, Blechingly Surrey, the sayde day of March, in the tenth yeere of the kings duke sayde unto the saide Robert Gilbert his
. . .
soones had conference with the saide monke, to time more convenient atchieve his purpose,
raigne, he came to the same priory, and est
that did expect and tarry for
bee more fully informed by him in the matters and that might easily bee done, the nobles above specified, at what time the monke also the realme would declare their mindes toge told him that he should be king, and the duke ther but some then mistrusted and feared in talke tolde the monke, that he had done very shew their mindes. Ilee sayde further the well to binde his chaplaine John de la Court, same time unto the saide Robert Gilbert, that under the seale of confession, to keepe secret whatsoever was done the kings father, was such matters, for if the king should come to done wrong; and still the duke murutured knowledge thereof, it would be his destruction. against that the king then presently raigning Likewise the twentieth day of October, in the did. And further said, that knew lim
*
seventh yeere of the kings raigne, and at divers other times, as well before as after, the said duke had sent his chancellor Robert Gilbert, chaplaine, unto London, there to buy certaine clothes of golde, silver, and velvets, every time so much as amounted to the value of three hundred pound, to the intent, that the saide duke unight bestow the same, as well upon knights, esquires, and gentlemen of the king's house, and yeomen of his gard, as upon other the king's subjects, to winne their favours and friendships to assist him in his evill purpose: which clothes the saide Gilbert did buy, and brought the same to the said duke, who on the 20th day of January in the saide seventh yeere, and divers other dayes and yeere, be fore and after, did distribute, and give the same to certaine of the kings subjects, for the pur
pose before recited.
so
the saide duke the tenth of July, in the tenth yecre of
the king's raigne, and divers other dayes and times, as well before as after, did constitute more severall and particular offices in his cas tles, honors, lordships, and lands, than hee was
; all
of
he
by
in to
he
in if
by
to
of
of
it
at he
all
of a
205)
STATE TRIALS, 13 HENRY VIII. 1522. -Trial of the [206
selfc to be so wicked a sinner, that hee wanted and my blood should prosper and have the rule Gods favour, and therefore he knew, that what the realine England. Then said Charles soever he tooke in hand against the king had Knever, the monke may deceived through the worse successe. And furthermore, the illusion the devil, and that was evill saide duke (to alienate the king's subjects meddle with such matters. Well, said the mindes from dutifull obedience, towards him duke, cannot hurt me, and the duke and his heires, the 20th of September, in the seemed rejoyce the monkes words. And 1st yeere of his raigne) beeing then at London, further, the same time the duke told the said
reported to Robert Gilbert, that he had a cer taine writing, sealed with the kings great seale,
comprehending a certaine act of parliament, in the which it was enacted, that the duke of Somerset, one of the kings progenitors, was made legitimate. And further, that the said duke meant to have delivered the same writing
Charles, that the king had miscarryed now his last sicknes, hee would have chopped off the heads the cardinall, sir Thomas Lovell
knight, and others; and also said, that
had rather die for than bee used he had beene. Moreover, the 10th September
king Henry 7th, Blechingly
. . . i
And furthermore the same duke the 4th of
November, in the 11th yeere of the kings
raygne, at East Greenewich in the county of
Kent, said unto one Charles Knevet, esquire,
after the king had reprooved the duke for re
tayning William Bulmer knight unto his ser
vice, that if he had perceived that he should
have bin committed to the Tower, as he doubt
ed he should have beene, he would have so
wrought, that the principall doers therein
should not have had cause of great rejoycing,
for he would have played the part, which his
father intended to have put in practise against guilty.
king Richard the 3rd at Salisbury, who made On the 13th May, the said duke was brought
unto the but (said he] I would
the county
not
gallery
lord Burgaveny, the duke murmuring against the kings counsellors, and their government, said unto the said George that the king died,
had so done for ten thousand
pounds.
the
there with
George knight, Nevill
earnest suit to have come to the presence of the same king Richard, which suite if hee might have obtained, he having a knife secretly about
him, would have thrust it into the body of king
Richard, as he had semblance to kneele downe
before him : and in speaking these words, he There were also appointed peeres and maliciously laid his hand upon his dagger, and judges upon the duke Buckingham, the duke
said, that if he were so evill used, he would
doe his best to accomplish his pretended pur
pose, swearing to confirme his word, by the
blood of our Lord. And beside all this," the
same duke the 10th of May, in the 12th yeere
of the kings raigne at London, in a place called made within the hall Westminster scaffold the Rose, within the parish of St. Laurence for these lords, and presence for the judge Poultney, iu Canwike-street ward, demanded railed, and counter-railed about, and barred
of the said Charles Knevet, esq. what was the talke amongst the Londoners, concerning the
kings journey beyond the seas: and the said
with degrees. When the lords had taken their place, the duke was brought the barre, and upon his arraignement pleaded not guilty, and
Charles told him, that many stoode in doubt put himselfe upon his peeres. Then was the
of the journey, lest the Frenchmen meant some indictement read, which the duke denyed
deceit towards the king: whereunto the duke bee true, and (as was eloquent man) al
answered, it was to be feared lest it would leaged reasons falsifie the indictement, very
come to passe, according to the words of an pithily. The kings attorney against the dukes
chanter-house monke, that divers times hath
sent to mee, willing mee to send unto him my chancellor, and I did send unto him J. de la
Court my chaplain, unto whom hee would not declare any thing, till de la Court had sworne unto him to keepe things secret, and
creature living what he-should heare
him, except were me; and the said monke
told Court, that neither the king nor his would have covered. But the depositions be heires should prosper, and that should endea ing read, and the deponents delivered pri vour myselfe purchase the good wils the soners the officers the Tower, finally soinmunality England, for (the same duke) was found guilty peeres, and having
holy monke: for there is (saith be) a certaine reasons, alleaged the examinations, confessions
the said 11th yeere
this kings raigne, Surrey, walking
would have the rule the realme spite
whosoever said the contrary, and withall said, that the said lord Burgavenny would say, that the duke had spoken such words, hee would fight with him, and lay his sword upon his pate, and this bound with many great oaths. —These were the points and articles comprised the indictment, and laid his charge, whereof was the inquest found
from the Tower water unto Westminster hall, before the duke Norfolke high steward England, accomplish the high appeale
the peere peeres the realme, and dis
cerne and judge the cause the peeres.
Suffolke, the marques Dorset, the earles Worcester, Devonshire, Essex, Shrewsbury, Kent, Oxford, and Darby, the lords Johns,
Ware, Fitz Waren, Willoughby, Brooke, Cobham, Herbert, and Morley. There was
and proofes witnesses. The duke desired the witnesses might brought forth and then came before him Charles Knevet, sir Gil bert Perke his chancellor, John de Court his confessor, and Nicholas Hopkins the monke
Henton, that had fed his humour with vaine speeches: divers presumptions and accusations
were laid him Charles Knevet, which hee
of to
to
all
1
I
by by
he an
aat
of ofof
he
hisof
be
of of in
ofof
no de
la
it
of
of tel
to
to
or in in of
to
to
of
deofof ofheinin of
of
to
toof byhe
ofif of it, in
la
he to ofof
:
to
to
to
if
it
la
of it
if to of
a of S.
so
to sitof as
by
to of of so
be
in at
he
to
as
297] STATE TRIALS, 13 HENRY VIII. 1522–Duke of Buckingham, for Treason. [298
judgement to suffer as in case of treason is used, was led againe to his barge, and so con veyed by water, to the Temple staires, where
and detestable treason and offences, God
forbid they should. God save the King. "
be remembred, that Somerset Herault
was the roode loft behind the hachments of the saide duke Edward: and when Gartar spake these words, ‘expelled and put from the arines,' then the saide Somerset violently cast downe into the quire, his creast, his banner, and sword. And when the publication was all done, the officers armes spurned the saide
he was set a land, and from thence by land through London to the Tower with the axe afore him, Williain Sands having him
the right arme, and Nicholas Vaux the left arme. And the 17th May, being the Fryday before Whitsunday, was delivered
the sheriffes London, who led him scaffold on the Tower-hill, about clocke, and there he was beheaded,
the
the hachment with their feete out the quire into
the the peo ple; his body with the head was borne the
the body the church, first the sword, and then the banner, and then was the creast spurned out the said quire through the
presence Thomas Lovel and
fryers Augustines their church, and there church out the west doore, and the
buried the chappell church for the close. And now followeth the publication the dis
grading the saide Edward late duke Buckingham, knight, and companion the
most noble order St. George, named the Gartar, which was read and published Gar tar king armes, the feast Saint George,
bridge, where was spurned over into the ditch. And thus was the said Edward late duke Buckingham fully disgraded the order Saint George, named the Gartar.
[“It well known that, the Attainder the duke Buckingham, the subject the pre ceding Trial, the great office high constable, which was hereditary his family, reverted
the quire Windsore-Colledge, standing
the high pase the dexe, the other officers
of armes about him, there being also present
the lord marques Dorset knight the same mant, except when granted for particular order, then being the kings deputy for the feast, occasions, such coronation, and the the earle Essex, the earle Wilshire, the holding court the high constable. earle Kent, sir Thomas Lovel, and the lord See Hollingsh. 365. Co. Lit. 165, Keilw.
Ware, knights the said order, with great
170. Dy. 285. and the 2nd volume Hearne's Antiquarian discourses. The execution the duke Buckingham was soon after followed with parliamentary at
audience assembled there the thirteene yeere yeere Christ, 1521.
the eight June, Henry the eight, the
the crown, and has ever since rested dor
“Bee knowne unto all men, that whereas
Edward late duke Buckingham, knight and very obvious; unless indeed this sanction
companion the noble order Saint George, named the Gartar, hath lately done and com
mitted high treason against the king our sove raigne lord, and soveraigne the saide order the Gartar, compassing and imagining the destruction the most noble person our said soveraigne lord the king contrary his
was added, that the two houses might have their share of the odium of his death with
the king, his then minister cardinal Wolsey,
Proc. cv. and the private acts VIII. Parl. Hist. 37. Dugdale's Baron. 170. However, some mercy was shewn the high treason the said Edward hath bin indicted, duke's family. The same parliament made
oath and due allegeance, and for the which
arraigned, convicted, and attainted, for the which detestable offence and high treason, the saide Edward hath deserved bee disgraded
the said noble order, and expelled out the
saide company, and not worthy that his armes, estates. Ro. Parl. Journ. Dom. Proc.
ensignes, and hachments should remaine among other noble ensignes the other noble, ver tuous, and approoved knights the said noble order, nor have the benefit the said noble order: wherefore onr said soveraigme lord the king, soveraigue the said noble order Saint George, named the Gartar, the advice of the other knights the said noble order, for his saide offences, and committing the
said high treason, willeth and commandeth
that the said Edward duke Buckingham
disgraded the said noble order, and his ment Edward the same Henry Stafford armes, ensignes, and hachments cleerely ex was restored blood, far take the pelled, and put from among the armes, en barony Stafford, one the family ho signes, and hachments the other noble nours. ” Journ. Dom. Proc, 305, 522. knights the saide order, the intent, that Hargrave.
other noble men thereby may take ensample
hereaster, not committe any such haynous
tainder him the reason which not
and the particular peers, whom the duke was condemned. Ro. Parl. Journ. Dom.
provision for his duchess for her life; and also confirmed grant from the king Henry, the duke's eldest son, and his issue
cxxxii, cxxxiv. Sir William Dugdale calls the last act restitution blood, except honours and lands; but improperly, the re cord shewing, that was simply act
confirm grant from the crown, part
the duke's real property. Dugd. Baron.
171. The king also few years afterwards
extended his bounty the same Henry,
his wife Ursula, some the forfeited
granting him some more the late duke's possessions, particularly the castle and manor
Stafford. Ibid. Further, the first parlia
to
in
at
of
of
of of in
of at of of
of
all be of
of
by of on of
by inofto
of
1 of to
b.
of a
of of
ofso
to
in of 1
of
by
of of1 of
as to
14
by
of ofto by a 3
of to 3
is of
It in is to
of
of
la in to
of to of of toof
of of
of atall11
he
of 6, 1 6. as
a a
in a ;
it
of
a it 1of
b. ofa a of
in by of
ofan
of
H. a. so
as
to
to
it
of of of sir sir
of on toofofof ofonall of
of
of of
of
of
at of
to
in
of
of
of at
of
sir
to is of of to
of
by
by
209] STATE TRIALs, 10 Hrsmy VIII. 1528–Proceeding relating to [300
28. Proceedings relating
the Dissolution the Marriage be VIII. and CATH ARINE Arragon: 1528. [Lord Herbert's Life and Reign Kennett's Compl. Hist. 98. Cobb. Parl.
tween King 19 Hen. VIII. Hen. VIII,
Hist. 507. ]
HENRY
OUR king had now for many years enjoyed least until himself had look'd further into the
the vertuous queen Katherine, without that ei business. which certainly his intentions ther scruple the validity their Match, privately were procecd; for besides his dis
outward note unkindness had past betwixt patching his secretary William Knight, doctor them. Nevertheless, as, presently after the law, Rome, (whom yet commanded
birth the princess 1515-16, (who alone advise with our cardinal the way, being
all their children survived), Luther and others then France,) took information some
controverted the authority and extent the times about his present condition, and some
Papal jurisdiction, this kingdom, the dis times probable also) about such ladies
pensation Julius for the aforesaid Marri might furnish him choice for genial, and age being privately questioned, many our second bed. In which number the dutchess of
Alanzon, sister Francis, the first find mention'd, whose picture (as Hall saith) was
sent over, about this time. Neither did the cardinal, being certifica these passages, ouit comply least appearance with him, and
therefore writ the king, that the best way obtain his desire, was, tell the emperor
plainly, that, Unless set the pope free,' (at this time prison) would proceed the
learned men concluded
case prohibited Jure Divino, and therefore
indispensable. This again, whispered the ears many, begot such muttering, being brought the king, made him think what was do. For though knew that koep
ing the succession doubtful was one the arts which princes conserve themselves, yet, desire have posterity, which might
succeed him the crown, prevailed over other considerations, resolved clear this
Divorce upon his own, and his Clergies autho
void, being granted
rity. ” After which, sent for John Clark, oint fitting degrees; and the rather, bishop Bath, (then resident ambassador
that knew the same objections had been made (though wrongfully) Edward and
France) and commended him the king, person whom might discover himself; and, together, delivered his opinion: That because the party would appeal, the business could not determin'd England, unless the Pope would give him absolute authority, omnibus casibus Minute whereof sent
Rome, have seen. ) That she should persuaded, ingressum religionis. And,
his children. And certainly (as many circumstances,)
appears was
the
beginning, much could,
the princess his daughter. that, although the bishop Tarbe (being sent Francis
1527, conclude the alternative formerly set down,) did object openly against her legitima tion, being got the king upon his brother's wife, did not much move him. But, seeing now grown publick doubt, thought
more notorious than could supprest. Neither
relates) was secretly fomented Longland bishop Lincoln (his majesties Confessor,)
did believe that Charles would
scandalized since, avoid the Treaty Windsor, himself had alledged some things this purpose. All which again (as Polydore
bishop Woolsey), the king reply'd, “My lord Bath, the Bull good, naught;
favour
greatly
lastly, neither those could effected, should thought Quid posset clam fieri quoad forum conscientia Concerning which points, the bishop Bath return speak ing (as find Original from the said
for ine. ” Whereupon, the Bishop represented, the instigation the cardinal; who both That the Pope's captivity hindered suits
hated the emperor, and was averse from the queen, reason her reproving his loose,
aud inordinate life. Though (whatever Poly dore saith,) will appear hereafter, that Wool
sey indeavoured not, finally, the Divorce. Howsoever, some all these causes, the king was much perplext, knowing how decply this affair concerned himself, his pos terity, and kingdom. And because was easie collect what consequence any rumor
this kind might be, not only sent our ambassadors Spain, said before,
lence the noise thereof, but used means pos sible both appease those violent jealousies the “ueen had conceiv'd, and satisfie his people,
that court, and, howsoever, that the process would slow, could not determined
seven years. Besides, that there must three distinct Sentences given three divers judges, the two last chosen for the adverse party. Lastly, that after this, the
Sentence may recalled; Quia sententia contra matrimonium, nunquam transit rem
judicatum adding, conclusion, the knot the business, that the party would Appeal. To which the king answered, “He thought she
would not appeal from the archbishop Can terbury, and the bishops Rochester, Ely and London: for the tediousness the suit, since had patience cighteen years, that
naught, let declar'd, and be
good, shall never broken by-ways'
to
to he
hea
he
orbe it
toI
if
to of
to
lie
all
D.
to to si
in
+ of
at
it m2 in ill in a
to
he
itas to by
as ofto of heby a by to
of
it
a as of in
as of
beto of So
in
2 A.
by
of
of
to it at ofas all of of inon it;a in of
of by to
ashe or is
ofof as
he
2. so in it in
bein beof six
it beto
to
ofor toof
at
it
by he init to
as
be
by
to
4,
toofit ofto all he
of
of
of
as bebeatIn
(it ; so I in is
in
itin ad
“ to
to
to
be as is of of (a
initbean he a
of
beso of, he hehe
of 2intoof
of as all it, of in by
all no if
be to
. . . be 1.
the
to or at 2. be it his
to
is by 1 of
inbe byis
a
he
I
in it in ain to as
it if
in
as
in he
301) STATE TRIALS, 19 Henry VIII. 1528. -Divorce of Catharine of Arragon. [302
would stay yet four or five more; since the that, what wisdom piety soever our king
opinion of all the clerks of his kingdom, besides
two, were lately declared for him; adding, that
he had studied the matter himself, and written
of and that found was unlawful, jure
divino, and undispensable. ' Businesses stand
ing thus, and probability the queen's doctor Knight's from Orvieto) not grant any fruitfulness since the princess Mary’s birth, Act concerning the Divorce, nor much appearing; and the rather, that Spanish women suffer the cause heard before any judge
many our king's dominions. find also the children; he resolves have recourse the sane letter that Lorenzo Pucci, cardinal Sanc Pope; comforting himself, for the rest, that un Quatuor, being chosen the pope for these dispatching our king's businesses, had told doc inconveniences, than the obtaining Dispen tor Knight, that the Commission penn'd here sation dissolve that Mārriage, which dis England, the Popes signing, might not pensation only had first made. He knew pass, but that had minuted another, which
are observed seldom mothers
other difficulty appeared
"o",
the same key that lockt, could unlock. There the pope (though with some reluctation) had fore thought send Rome, both granted earnestly intreating our king never represent the dangerous condition himself, theless, not put execution, till the his issue and kingdom, and solicite the pope Spaniards and Almains were gone out Italy, for licence marry another. And the ra and himselflest his full liberty. To confirm ther, for that many circumstances had made which grant also, the same doctor Knight,
i. secuting whereof therefore (in
the Bull and Breve, upon which the first Mar letter (dated Jan. 1528), did certifie, that riage was suspected. The pro the king's Dispensation was obtain'd under
might pretend herein, the conjuntura certainly was way auspicious. And the rather, be cause the pope, during his imprisonment the castle saint Angelo, had been requir'd the emperor's name (as find Dispatch
dispatch lead, amply England
dated the Minute sent from
the did contain; and the Commission for the lord Italian; legate likewise was granted sufficiently, though far, not according the form propos'd and that
25th Dec.
1527), was recommended,
cardinal, Gregory Casalis,
which also was required urge
say, that our king could impute the punishment was drawn the cardinal Sanctorum Qua God had laid him taking away his issue tuor. Moreover, tells (as the popes name)
male, upon nothing much, the unlawful that monsieur Lautrech were come, the ness this Marriage; which learned men did pope thinketh might, good colour, say
also generally detest, they held
more than the pope could dispense with (as find they declar'd afterwards, book, which
was sent thither. ) Wherefore, that should procure Commission for hearing and deter mining this cause, directed the cardinal; or, that were refus'd, bishop Staphylaeus,
dean the Ruoota, who had been lately England. And that should furthermore
say, that doubted not, but the Pope would easily grant though against the will
the emperor, that was requir’d the English ambassadors, and monsieur de Lautrech pro ceed the business. All which particularities
have the rather set down, that might appear how the difficulties that the pope made this business, seemed proceed chiefly from hu mane considerations. Which also much
confirm'd dispatch from Gregory Casalis January 1528, where (on the popes part,
and his name) saith, that the kings
conscience satisfied (which alone can Charles; since had granted Charles sis best tell) his course were, statin committat pensation and Absolution from the oath which causam, alian urorem ducat, litem sequatur,
he had taken marry the princess Mary, mittatur pro legato, &c. and, that this was the without much demanding the consent only way for the king attain his desires our king. For facilitating which business, though yet intreated this advice might
letters exchange, the value ten thou taken, proceeding from the cardinal Sanc sand ducats, were sent him also certain In torum quatuor, and Simonetta, and not from
struments for the pope's signing, which were, himself. And this, certainly,
may have prov'd
Commission, ample form,
hear, and thought politick advice, would Decretal, safer and easier for both, than
England. wherein the pope, upon probation
Commission more time caus’d like danger
determine the cause
carnal for two legates; which knowledge between Arthur and Katharine, the kings part,
took
should pronounce the Marriage void.
Dispensation for the king marry another.
any Pollicitation, that the pope will not recall
Gregory
the pope. Howsoever, appeared afterwards, that the king, either out tenderness conscience, considera
of those Acts.
tion the hazard should run, the pope ne would not confirm this Act, thought not
was
gotiate with the pope;
time for
allow thereof; but chose rather demand
from Rome, Sept. 13, 1527,) aw’d Her Knight obtained the procuring whereof also
nando Alairzon, that durst neither give committed Stephen Gardiner, doctor the said knight public audience, nor much law, and secretary Woolsey, and Edward admit private message from him, but Fox, provost Kings Colledge Cambridge; the intervention of the cardinal Pisani. So not neglecting the mean time, both in
and inconvenience
being, (as find
original dispatch doctor Knight, dated larger Commission than that which doctor
as an 4. 1.
utA a if
a
it,
of
in to;
he be a
by
he to as in
to hefor
to
fit of ato
to
he
it
deit of of of heto
a soheato he
to he fit beno
a an it,
ill inastohe to
so on sir soto
of hehe
in to be
so
to a as
of
; toto sirto asof in a to
ofof
a as
in in if as ; by
ofno
heof toso
itas so
to
he
dehe
9,
to be
I or
2. of ato
soan ofa
soIof a heit
by to 3. to as by
of
a to de
by by A of of in Ibe to he iton
to no
13 I it a intoin
in
it Ut in I
to
inaasit a
to
or a up it he by soto if it if ;
be be:
is
into ofininin to by as of
by
--
soin to toat to it hetoas be
by
by
303] STATE TRIALS, 1911 ENRy VIII. 1528. -Proceedings relating to the [304
struct the Pope in his cause, and do him protest his name, that was author
good offices could with Christian princes this counsel. After which they were desired,
states, particularly Venetians, him, proceed §. cause, and and the the merit the
concerning the restitution Ravenna and and qualities the gentlewoman (being,
Cervia; though yet took not such effect
was hoped. Neither did our king forget,
Letter cardinal Woolsey's the protonotary
John Casalis, desire him acquaint the more fear, when another time would have Pope with some domestick and private passa granted their request. Therefore, together ges; which (though out the respect bear with ambiguous answer, which gave them
that vertuous queens memory) cannot but word mouth, sent cipher Letter mention somewhat unwillingly, yet must not our king, much irresolution, that need omit, both for the sake that truth that ought ed no other cover. Howsoever, the com
history, and seems contain soine mission our ambassadors was stay till fur motive the kings intentions. shall set ther order was given, they seemed take down the words Latin they are extant good part. At last our able negotiators, our Record, Sunt nonnulla secretó Sanctissimo urging the aforesaid and many other motives Domino nostro exponenda, non credenda lite the Pope, and again finding the French and ris, quas causas, morbosq; nonnullos, quibus, confederate army puissant and victorious the absque remedio, regina laborat, animi etiam kingdom Naples that time, made no diffi conceptum scrupulum, Regia Majestas nec po culty grant full Commission two legates, test nec vult, ullo unquam posthuc tempore,
uti, velut urorem, admittere, quodcunq; evenerit.
“There are besides some particular reasons
be laid before his holiness private, but not Salisbury. ) Besides, seems granted this
proper commit writing, upon which ac following Pollicitation, Promise, dated
count, well reason some distempers Viterbo, July 23, 1528, which yet. being
which the queen lies under without hopes original-piece, but ancient copy, extant
remedy, likewise through some scruples among Robert Cottons Records, shall
which disturb the kings conscience, insomuch mention but according the credit may de
that his majesty neither can nor will for the serve from the equal reader; only must not future look upon her, live with her his onlit say, that, divers original dispatches,
wife, the consequence what will. ” both before and after, give some touches Gardiner and Fox, receiving their Instruc and that the date for the rest added,
take mistriss Bolen. ) The perplexed Pope,
was in teressed herein, heard them this time with
who knew well how much the
hear and determine the Cause England, being (according the kings desire) Woolsey
and Campejus (not long since made bishop
tions February 1528, repaired first Fran may challenge better credit than thought cis, from whom they readily obtained pro Minute, and much less counterfeit and mise co-operate [. . . ". with the Pope, supposed piece, which also the more proba
yet received them lovingly; though not with out the anxiety one who could neither safely grant, nor deny the request king whom
ble, Pope granted amplier
per that the testimo
for effectuating the kings desire, also
suasory and menacing Letter case refusal nies than this, favour the Divorce; how
the Pope; for complying where with also the soever they were either controlled again, de bishop Staphylaeus was sent him Rome tained the hands his ministers, after that not long after. Our ambassadors having given sort, that our king might well take notice, but the king account hereof, proceeded their neither copy nor advantage them.
journey Italy, and coming last Orvieto,
The Pollicitation.
where the Pope then was, they found him
lodged old and ruinous monastery, his “We Clement, the providence God outward chamber altogether unfurnished, and the 7th Pope that name, having duly weighed his bed-chamber-hangings, together with his with how much justice our well beloved son bed, valued them (as the original Letter Christ, Henry king England, defender hath more than nobles. The Pope the faith, and lord Ireland, hath laid before
thing notorious, publickly known, and evil report, case concerning the nullity Marriage, which did both contract, much owed whatsoever liberty enjoy and facto, consummate with our most dear . ed. Their Instructions for the present, were daughter Christ, Catherine, daughter the
only yet, thank him for the Commission and most Catholick king, Ferdinand Spain,
Dispensation granted this business doctor glorious memory, contrary the laws both
added further, that Gambara, also sir pressed and inserted) our beloved sons Gregory Casalis, our king had gladly under Christ, Thomas and Laurence, the Divine stood, how defects, upon due remonstrance, Grace, Cardinals, Sanctae Cecilia,and Sanctæ should supplied and amended. They were Maria Transtiberim, our Legats Latere sharged also, from the cardinal, privately the kingdom England, from the Aposto
Knight, and after intrusted Gambara his God and man, which thereby grievously agent here (successor unto Melchior Langus, transgressed and having thereupon issued out
our Commission form and manner there ex queen Catherine notice this affair, together pressed (which Commission we hereby con with the Popes secret intention therein. ) They firm and ratifie, much here again ex
was first authorized the Pope, give
be all
toinbe
by as he
by to
as
all by
in
ofof us
a to
in
by
by
by de
to he to to he
by
as it
of by
to
20
or
in
it of &as of
to
to
asto
ob of
of
to heto
in to of a to
I
he so
to
to be in
to
of
ofin
a as de a
in to
to
an it,
of
by to
in to
it) in at
no an
as
at byin
a it&toto
to of
as as obII
to
to a
in in sir of in ; in of ofof to
ofasin his8,of in ahe so of of as to at
to byofanitatheto
in
to of or soof in ofof ofin it it, no
as
as he he of of to or ifto ofisa
in he do is at
of Iit in as ahe be I toit
oftoca in
a as
the
of no atof toallto Iof
305] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. [300
lical See; whereby we did constitute and ap we hereby for that time, will and declare point them (as we do by the tenor of these pre effectually this our Declaration were sents, most fully and effectually constitute and that time made, that every such act and al appoint them either together or asunder) in our tempt shall null and void; and hereby stead to examine, and finally to determine as made null and void, and declared, pro competent judges in this Cause; that we may nounced, and adjudged, force and give the more manifest and evident token of efficacy. --Given Viterbo July 13, 1528, our tenderness and affection to the aforesaid the fifth year our Pontificat. CLEMENT V. ” king Henry, in speedily administring justice, This while, the queen, who understood well and freeing him by our immediate Sentence, what was intended against her, laboured with from that tediousness and vexation wherewith those passions which jealousie the king's the most just causes (by the corruption of the affection, sense her own honour, and the present times) are so far embarrassed, as scarce legitimation her daughter, could produce; to be finished, and finally determined in an age: laying, conclusion, the whole fault the
and being desirous that the Process carryed on, cardinal; who yet was less guilty than the
or to be carryed on according to the tenor of the said Commission, may be firm, valid and irreversible, we do engage, and upon the word of a Pope promise, that we will never by the entreaty, request or instance of any person, or from our own mere motion, or otherwise, at any time grant any letters, breves, bulls or writs of any sort, either under shew of justice, as acts of grace, or on any other pretence what ever, to inhibit or revoke the matter of the Commissions heretofore in the above-men tioned cause issued out, of the foresaid Com mission, or of the Process by these our dele gates, according to the tenor of the former commissions, or said commission either yet formed and made, or to be formed and made hereafter, whereby any prejudice, hindrance or interruption may be given to the full, perfect, final and effectual execution of the said com missions, commission or process, or whereby
queen thought, Polydore would make him. will not deny yet, but out due regard
his masters interests (so nearly concerned this great affair,) well care giving satis
their plenary power and authority have
shall form and carry on. Lastly, we will effec tually make valid, and without refusal, delay any difficulty whatever, grant such let
ters, breves, bulls writs, which may serve any ways strengthen confirm the execu tion the said commissions, commission,
fore-mentioned process, ratifie and esta blish anythings virtue thereof, our fore said delegates decreed, determined adjudged.
And we furthermore engage and promise, upon the word pope, that we will
wise (unless force and violence compelled,
fraud and treachery surprized) injure any the foresaid particulars, act
attempt any thing contrary them, any
them directly indirectly, tacitly expressly, ing the Pope's restraint, had, (under pre mediately immediately, upon any colour tence that was the best expedient for the
pretence whatsoever; but will support and pre king's proposed Divorce) projected
meeting govern and inviolable. And farther, (which God ment the Church, where himself intended
present; so, now, since the king liked
not that course, and that the Pope was free, X
serve and every them firm, valid, fixed, of
Avignon,
for
settling
the
attempt any thing any wise against the premises, any them
forbid) we should act WOL.
his conscience, which seemed much might comply with the kings de the single author counsel,
faction
troubled,
sires; but
which might turn much prejudice, when the king should die, more than may
easily believed Woolsey. And this
neither suspected him much abhorred the queen, nor that danger her practices which
last his ruine. The first who gave the cardinal notice the queen's displea sure (as find Letter his dated Fe versham, July 1527, then his journey
towards France,) was the archbishop Can terbury; the consequence whereof much apprehended, that thought use means for satisfying her. Therefore pre sently laboured with the abp. persuade the queen, that whatsoever she heard this kind,
cautious person innocence, perchance,
any them may any wise revoked,
opposed retarded the whole, any
part them; but we will preserve entire,
ratifie, confirm and defend purposes with
our utmost power and authority, most effec was intended only for clearing the surmises
tually the commissions and commission granted the bishop our foresaid delegates, and the Pro writ also
cess which the said delegates according the quench
tenor the said commissions commission, text. But the queen had sent those agents
was the reason that
self
stand
yet procured
Tarbe, formerly mentioned. He our ambassadors Spain,
rumours there, upon the same pre
abroad, (and amongst them, one Abel, her
chaplain) who both informed her that passed, and engaged the emperor assist her
the uttermost his power. Therefore the Pope stood more and more suspended. The pace Campejus (the promised legate) also appeared staggering and slow; and that might frustrate the king's intentions, was se cretly practised. This while the cardinal,
(who out the king's designs would ever pro duce and subrogate some particular end his
own, whereof, either point might make advantage) had
glory profit, disposed this mediate the
the Divorce, thereby
Pope's entire delivery, not only from the guards, but even fear the emperor. Again as, dur
. #.
I.
all
or
of
of to
of
or of
or
in
in
or if of
or
or all oror or
in ; in or oforall no
to
in
oror or
by of us or
by of
or
of a or
do
to
by
or
to to to
or
or by all
be
by by all
or
be to do
to ofhe of
to
to
I
all
at it
toof
in he
5 in he so to
hehe a
of of
as to
of
be as byat beorofofif
of
I be be to in
or
all
of
asof aofsoasofat
of is
toof tooftoof
beis so in of
to in in fit a hisof of of no it oroftohea is
of all all he soof at on toofall as into
in atas
he so
307] STATE TRIALS, 19 HENRY VIII. 1528. -Proceedings relating to the [303
he persuaded him to erect some Cathedral secretary, for the Latin Tongue) Rome;
churches in England, at the price of throwing (their Instructions general, being signed with
down more monasteries. Whereby it appears, the king's own hand) were dissuade the Pope
both how busie this Cardinal was, and how from entring into any League with the emperor, much he studicq his own ends. For as he whose design was (he said) divest the Pope
knew this would please the king (who began his means and authority, the forcible to think that religious persons might serve God bringing one Angelo, cordelier, be
as well in defending the kingdom, as praying Pope, who should not intermeddle with secular
for it,) so he assured himself the authority thereof would be derived on him chiefly ; and the Pope, in the mean time, obnoxious, while he could not but fear how far those inno
vations might extend. When this project there fore was moved to the Pope, I find by a Letter of the protonotary John Casalis, Oct. 30, 1528, that he answered, gravely, he liked the design well ; but that he would proceed deliberately,
because it was ad perpetuam rei memoriam. Therefore he desired the two legates (for Cam ejus was by this time come) might be joyned in determining this business, and that all the
revenues of the monasteries might be conferred on the new bishops; and that the two legates,
jurisdiction, and the patrimony the Church;
which therefore the emperor would take him self and usurp. For preventing whereof, the king wished him keep guard, offering
his own and Francis's name, contribute thereunto. They were commanded also, search privately for certain pretended Breve,
Rome, (said Supplement Confir mation the Bull Julius and authorizing the Marriage with queen Catherine) since was not found the king's Records. Fur thermore, they were required discover (in the name third person) whether, the queen entered religious life, the king might have the Popes Dispensation marry again,
having advised with the Pope hereof, should and the children legitimate, and what
afterwards nominate them. So that it seemed
precedents were for it? Secondly, whether
the king (for the better inducing the queen thereunto) would promise enter himself into religious life, the Pope might
the Pope held it fitting to comply with the
king a little at this time, since Gardiner told
him plainly, that he had in his Instructions
these words to tell him, “Necesse est supprimi not dispense with his vow, and leave her
pro serenissimi Regis Collegio Monasteria cujus there Thirdly, this may not done,
cunque ordinis :’ in conclusion, a Bull was granted for applying the Revenues of some
small Monasteries for maintenance of the king's colleges in Cambridge and Windsor Castle; the
copy whereof is extant in Robert Cotton's Library. may doubted yet, whether these apprehensions, that were now, more than one kind, given the Pope our king's declining the absolute authority the Church
Rome, did dispose the Pope more oblige disoblige him. For, though the Pope had reason fear, lest he should lose his ancient
jurisdiction this kingdom, denyed; yet
might doubt well, that adhering too
much that side, might offend the emperor
whether can dispense with the king have two wives, and the children both legitimate Since great reasons and precedents, especially
the Old Testament, appear for All which
they were with that secresy and circum spection, that the cause might not published,
propounding the king's case always therefore another man's. Lastly (as other Instruc
far,
hazard the loss his own. He therefore, once treats with the cinperor
Pope now more than ever disposed favour
perfect peace and amity, and together reco
vering Cervia and Ravenna, and effecting the emperor: insomuch that they observed certain other designs which had Fiorence; daily new delays and restrictions him. Some and grants (as
large Commission
yet, effect,
might see was not out his power check
tions) sonne kind menaces were
But persuasions and terrors wanted not the other side; which did much more prevail with the Pope, the danger was more imme diate and pressing the emperor's part, than
our king's. Therefore our ambassadors were far from obtaining any thing, but what was
formerly granted the Commission cardinal Woolsey and Campejus, that they found the
abovesaid) appearance whereof (besides the evidence our Records) Woolsey and Campeius; Sanders doth confess, while saith, that the
restrained, the emperor
Pope, four several messengers Campeius
revoke And this was that Gregory
Casalis and Stephen Gardiner, after much im portunity, could obtain. They moved the Pope could
also canonize Henry (which find was formerly proposed Alexander Henry 7,)
which the Pope answered, ‘That the
That persuade
(now his way) gave him charge That should make easie journies. That when
England, should labour he reconcile the king and queen.
this could not effected, should her enter monastery, and take her religious lite. Lastly, That when this
came
Win could obtained, should give definitive par Sentence for the Divorce, without express their commandment from him, hoc (saith he] sum
archbishop Canterbury, and bishop
chester (who had examined the matter
tibus) did send the process thither,
Commission required, the Canonization should mum marunum tibi mandotum. Campe follow shortly atter. ' Businesses standing thus, jus thus instructed, protracts things; whereat our king thought send Francis Bryan, though our king seemed scandalized, sus knight, and Peter Vannes (an Italian, and his pecting came from unwillingness, yet, being
added.
it
& bea if on
to by
to beof
fit to
to
to
sir
all
he of
if
all
in in of hein all
2,
a to to of by
sit
in as of if on
in to to of bea
in
as in of if
of
in
toor so
he
orof
on
hehe
so on
in
in
of
to
in
to
byI sir
in of
to of toin
it. it
as at to
to
It be
of
so
is
as he
6,
6, asin inheofof
sir
of aa
in to doaaaof
a he
be
a
to
to he
of
he
&beso a
2. to in to be it. no : to
to
to
as he1. to be tobeto or
all on ofifit toto
to
3.
as* if toin
to
309] STATE TRIALS, 19 HENRY VIII. 1523. -Divorce of Catharine of Arragon. [310
an active prince, he made use of that time to causes matrimonial, the presence of the parties negociate in Spain for recovering the Breve, to be examined, being required for the most (of which above) commanding the bishop of part, the emperor might easily imagine how Worcester, and doctor Edward Lee, by unfit was for the king and queen personally means procure At length (and not be Rome, especially that time. After fore the beginning Oct. 1528) Campejus this, the emperor commanding the Breve
coming through France, and being conducted read, the ambassadors required notary thence into England, John Clark, bishop allowed them, for setting down the whole pas Boath, our king's ambassador there, came sage this business, together with their Pro London: where, being our cardinal pre testations. But notary but the emperor's
sented the king, publicly acknowledged being permitted, the ambassadors were forced the name the pope, cardinal, clergy, and accept him, desiring notwithstanding their Rome, that our king was Liberator Allegations might set down apart. Here
Shortly after, obtaining
rbis. audience
upon the emperor told the ambassadors, that
express messenger our him continue his Match, refusal, protest against the some religious life. For which many pretexts Divorce. Our ambassadors yet persisted still
the queen, took occasion both acquaint
her with her danger, and persuade her there
upon renounce the world, and enter into and, case
wanted not, (as find our Records) she hav urging the emperor, for his own sake, ing been observed, since the Commission ob send the Breve for England; lest the Judges, tained, allow dancing and pastimes more wanting sight thereof, should proceed against than before. And that her countenance not the queen, otherwise, that would send
only court, but the people, was more the said Breve the Pope. The emperor re chearful than ordinary; whereas was al plyed, that therefore would not send
ledged) she might more sad and pensive, For considering the king's conscience was unsa proceed
should come her company. But the of. would not fear send England.
fended queen replying peremptorily, “That Letter also, the 20th April 1529, they cer she was resolved both stand that Mar tifie the king, ‘That the emperor intended
riage the Roman Church had once allowed send both England and Rome, make his and, howsoever, not admit such partial Protestations against this 1)ivorce; and that
judges they were, give sentence her would not send the original Breve. Fur
cause. " Campejus writes Rome, both thermore, that required our king, according
inform the Pope hereof, and desire farther Article former Treaty, fall upon
Instructions: the Answer whereunto the Pope Francis, perturber the publick peace.
yet long deferred, that very near six months Lastly, because the said ambassadors had
passed before the two cardinals sat their heard, and considered, large, the Breve,
tisfied, and that had refrained her bed, and the Pope
was not willing the lady princess, her daughter, ters were now they were heretofore,
Commission.
This while the bishop Worcester, and Dr. Lee, having given the emperor overture
they sent their Objections against it. ” Which,
the Divorce, did (by Letter dated Sara tually set down,
gosa, April 1529) return our king this An original letter, written
swer, the emperor's part: “That was read, find deciphered our Records. sorry understand the intended divorce, “That where pretended the Bull and adjuring our king (for the rest) the Sacra Breve impetrate one day, either they ment Marriage, not dissolve Or, were impetrate
he would needs proceed therein, that the hear and then
ing and determining the business yet might suit, being
be referred Rome, General Council, and not decided England. ” Adding further,
That would defend the queen's just cause. ’ Wherewith, the pretended original Breve was produced, and transumpt copy thereof (signed three bishops) offered them, send
one suit, and one man not thought, but that this great importance, was com
think that one man, the suit for both, would
prince that piety, that ought not
adjured and for the Breve, that was jewel.
belonging the king and queen only, and more durable remain; and, that the two
one man, hard England; but the Breve itself was denyed, being instructed
less moment Bull,
for fear (as said) miscarrying. To which our ambassadors answered, That our king was
put the dispensation
and greater moment Breve, seeing the one might facilly impetrate the other, and that the dispensation lead
would send king, intreat
miscarryed, the Judges might then they would but for sending
being one the grounds
ing this great altair,
the king's proceed have thought punc
would advise. And that, mat
the
mitted such one, could perceive, that the Bull, not containing large dispensation
the Brewe, superiluous, (supposing the Breve necessary. ) the one were im
petrate after the other, and the suits made
any other from them. kings were bound impetrate Bulls, and not Rome, needed not Breves, whereof they that had such Com
not detained
And for appealing
since authority
was already given from thence cardinal And these suits were made divers persons, Woolsey and Campejus. Besides that, and several commissions, there reason
determining that business mission (as seemeth) could not ignorant.
they are extant cipher, and thus
byif
in
by
is be no
by
he a
to
of orof of a or
be to
to toby
it.
it
to
it to
it.
(it
to
in ; be
in
if of to ;
of to of heto to
his he
to byan to
to
heto be in
isasoin it ofhe to it a
toas
to
an
a
to
*
to beoftoso
be;byheon as into
of to he of
to of to to he 5,
to
or as ofto
be is asI as in in
be no
in
as
in a
to in fit
to
if
in a
If so
of at of
in to at
ain inI he
of
by atooftoto inhebyof
ato heatin to
to it be
to as to
it be of as to heas
in of
of
it
as
to an
he
in
all go
to is by ;. be
it
to it.
to
to bebe
if
to I it to to
of
itisofisa or.
to
of ; he it
to to
By a he
to to
in
311] STATE TRIALS, 19 HENny VIII. 1528. —Proceeding relating to the [312
the king your father, than your highness. And although then inight have been impe trate your highness's name, yet could not have been done there without knowledge and consent the king your father, and also
his setting forth. And, any his intervention and consent had been this matter, would
not have bound king Fernando, and likewise
can be alledged, (the impetration being in one day) why to two several persons several com
missions should be given herein, the thing re quiring no haste, the Marriage following five or six years after; but more likely it the Breve were then obtained indeed, that was procured secret practices not known
parties quorum intererat scire consentire;
for, both the parties consenting, think there have been bound himself, get Bulls Dis
can sufficient cause alledged, why, the thing being done common consent, the
Breve rather than the Bull should have larger
dispensation; for what needed two divers suits,
with divers commissions, both the parties two Bulls reserved their archives, should were agreed upon the suits? Especially the also this Breve have been, which indeed was impetration both being one day. —-2. Sup not there found, hereafter shall shewed, posing
the queen
cognita
impetration for much vain, (viz. quod Re
have sworn, quod nunquam fuit Principe Arthuro; the cause the
chives. Wherefore may that there was such obtained
well reckoned,
gina cum Arthuro principe matrimonium car
mali copula consummaverit. ) this true, folks first said, that was found Archivis
appeareth that that sued the Breve had Regum Hispaniarum, appeareth my
no commission the parties, for they would lord cardinals graces Letters; and now, forget not give him commission impetrate dispen ting themselves, the emperor's chancellor and
sation for cause not true. —3. Supposing Perinot have confessed that was found true, that master Abel saith me, that among the Writings doctor Puebla, which the queen never heard such Breve, before was orator Spain, England, the king's the emperors orators there presented her; days most noble memory your father. how can stand, that reported the Breve, Which contrariety maketh appear that they quod impetratum est Breve Regina instan not upright. nephew doctor Pue tiam 2–4. your highness had made instance bla’s being there, have written our com and supplication for the same Breve, not mon Letters the 5th April, and now do
ensation. And surely may thought, that,
the king your father consented, Don Fernando Spain did the same, that cannot
doubted, but that they say here, they have
true, that master Abel saith, nor any such found your highness's ar
the king your father. —And
eth the Breve suspect, that the emperor's
the consent 7thly, mak
i. thought that should far out remembrance, the causes impretation
again; whom peradventure some light might
eing such, your highness might and could,
anon, reduce the same. —5. were and great sage council, men singular
impetrate the instance your highness, and
the queen's grace, cause why should
sent into Spain king Fernando (as the
emperor's folks first said, but now swerve) and not your highness, and the queen's grace.
any will suppose that was done your con sent, reason agreeth why you should consent
wisdom and learning for purposes, may well conceive that, ever any Dispensation for Marriage had between your highness and the queen were sent for, that her grace was examined esset cognita principe Arthuro an non And that, fassa est, that the two kings would have provided therefore Dispen sationem Bulla, they were bouud. And
the other side, negavat sefuisse cognitan, nihil erat opus Brevi quoad, &c. And for the
thereto, and not rather keep hands, than send the custody And yet, you did consent,
your own another.
cannot
thought, but that should remain your re second part the Breve, cannot suppose
membrance, the firmity your Marriage, that your highness, that time which the date and discharge your conscience, with other the Breve pretendeth (your highness being things, touching highly your succession, stand then not much more than years
ing therein: and may supposed moreover, age, and the king your father living) need any
that some writing the should remain there, which Considering that the king
deposite thereof Dispensation that party. And none not found—6. needed then, why should your highness then most noble me make instance for any, which supposed the
Inory, your father then alive, your highnes not Breve? –9th. this Breve were impetrate
the days Dr. Puebla; the being thereof long his hands, and the manner keeping
|.
being the date the Breve past 15,
age,” [for the Cipher is; though ing Henry was then but 12, and something more, conceive these figures were ciphers
the same, giveth new conjecture that
thing cassat; for the thing being much only, signifying his true age unless perchance importance, touching nigh your highness and
the cipherer decipherer did otherwise mistake “it may well supposed that your high
the queen, why should keep it; specially long? for lived England after the date the Breve years, and died there, not long after the king your father. Who can
ness was not then much solicite the impetra
tion such things. And that, any such Breve
should have been impetrate that time, that ra think that such king, and such council, ther should have been done the instance would have suffered the Breve be out of
had. —8. Whoso considereth the high re
king your father, nowned wisdom the said
it of
I ofat
no to
be
at
I&
is it of to
to
of
in init in
if
is
it is be
If
a 6
in
or of I
Of
a inof it
no as
it inas
5he
of in anto deIf in
of
i;t]
beof
to be
be it
if
beor as it beof
it of
to be of oftoisinif
so he
it in
à all of to as in so if
soof
of
it it
to it tono
of so he
it :ofof ad
is
by
itin
in of by
If it it
ofso in it
it to to
is, itif
or
as16 be If of to
all
ofofon bedo
of
ofif
of
in 2
in
his by of orofbe is
of
is 12 or 15
de
be be so,by it
of it
at as to
If
it àitno toto
by
insiassi
I tous, to
it
of
aof of sohe
be
soit in if in of
is be at ofso a soin of
he
313] STATE TRIALS, 19 HENRY VIII. 1528. —Divorce of Catharine of Arragon. [314
their hands, in his hands, that time, the ceptions were, find another Letter,
Breve had been known them necessary for dated from the same ambassadors
this Matrimony, and any value And, said, the manner keeping thereof seemeth confirm the same; which manner keeping
dinal that there were rasures divers hands; names false written, rus pro Arthurus; the date false;
the car it;
conjecture two things: one, that was Dec. 26. 1503, which, according the date not kept case tin, after the manner Breves, beginning Dec. 25, was almost year Breves; for only paper they did exhibit before Julius II. was pope. was observed
twice. Another, that the superscrip likewise, that the seal swelled the middle, tion appeared slubbered, reason often and appeared like some old seal newly clapped handling, peradventure lying among many his on. And thus much out these Dispatches writings and old letters; wherefore, although those able negotiators, the bishop Wor were then impetrate, yet seeneth that took cester, and Edward Lee the king's almoner;
cassat, and void, peradventure surrep who, sending the transumpt the Breve the
titiously head, any king, April 23, Letter the 12th June obtained his own without
iii. ;
commission or consent of the parties. —10. following, also certified our king the send
the emper ing Gonzales Fernando, the emperor's chap or's chancellor and Perenot say, they have lain, the earl Desmond, Ireland, to divers Letters and Writings the said Pue gether with the return chaplain the said
bla's, concerning both the first Marriage and earl's his company; the emperor seeming second the queen's yet, because they ut take this intended Divorce much heart,
Another suspicion that,
have &l.
gathered; that his Answer implied, that they have none other. —11. any such Breve were impetrate that time, the knowledge
and consent both the kings, likely that either of them should have one. Let them then
here bring forth the Breve Archivis suis.
they will say, this what likelihood
that should sent into England, come
into Spain For this Breve, were Dr. prince living. ” To confirm which also, de Puebla's custody, came out England after caused Anne Bolen depart the court,
they any thing specially
that Shortly
thought
tered not that
concerning this Breve,
have forgotten say, for much
for their purpose, there had been any such) moved upon that suspicion, demanded them, and divers times the same, whether they had any special letters concerning the Breve? They could not, did say that the had but the emperor's chancellor answered, That the Breve was enough. Whereupon may
which, Worcester repealed.
they
would not maketh
after
find also the
give our king this jealousy.
bishop
Arthe being
his death, with other his writings; which
think his nephew there confess that
was found amongst other his uncle's writings)
will also confess. say, why was sent into come the ki§ng any more, till her father England not doubted, but Don was commanded (not without threats) bring Fernando had an ambassador the court of her thither. Who representing the common
Rome, which might easilier and nearer way danger them obtained
length have sent into Spain. Wherefore, they (though not without much difficulty) the con cannot, out their archives, bring forth sent his unwilling daughter return; where suc yet she kept that distance, that the king might
was now mid-May 1529, when our king,
The 12th suspicion against the Breve children, might easily drawn from him, self; that, whensoever was impetrate, was did resolve, without relying any longer
such Breve, their diligence custody
things supposed, and well deprehended
custody two Bulls, (for some the secre taries said me that they have two) they may,
This while, the common people, who with much anxiety attended the success this great affair, seemed, betwixt pity queen Catherine, and envy Anne Bolen, (now appearing
the king's favour) cast out some murmur ing and seditious words; which being brought the king's ears, thought protest pub
lickly Assembly Lords, Judges, &c. called his palace Bridewell, “That no
thing but desire giving satisfaction his conscience, and care establishing the Suc
cession the crown right and undoubted
line, had first procured him controvert this Marriage; being (for the rest) happy the
affection and vertues his queen, any
such abrupt and discontented fashion, that she determined absent her self altogether. Neither could she induced (as Sanders hath
the easily perceive how sensible she was her late dismission.
this, gather (themselves) that there
such, any otherwhere, any effect and League with the emperor, and judging wisely value.