No More Learning

He our ambassadors Spain,
rumours there, upon the same pre
abroad, (and amongst them, one Abel, her
chaplain) who both informed her that passed, and engaged the emperor assist her
the uttermost his power. Therefore the Pope stood more and more suspended. The pace Campejus (the promised legate) also appeared staggering and slow; and that might frustrate the king's intentions, was se cretly practised. This while the cardinal,
(who out the king's designs would ever pro duce and subrogate some particular end his
own, whereof, either point might make advantage) had
glory profit, disposed this mediate the
the Divorce, thereby
Pope's entire delivery, not only from the guards, but even fear the emperor. Again as, dur
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307] STATE TRIALS, 19 HENRY VIII. 1528. -Proceedings relating to the [303
he persuaded him to erect some Cathedral secretary, for the Latin Tongue) Rome;
churches in England, at the price of throwing (their Instructions general, being signed with
down more monasteries. Whereby it appears, the king's own hand) were dissuade the Pope
both how busie this Cardinal was, and how from entring into any League with the emperor, much he studicq his own ends. For as he whose design was (he said) divest the Pope
knew this would please the king (who began his means and authority, the forcible to think that religious persons might serve God bringing one Angelo, cordelier, be
as well in defending the kingdom, as praying Pope, who should not intermeddle with secular
for it,) so he assured himself the authority thereof would be derived on him chiefly ; and the Pope, in the mean time, obnoxious, while he could not but fear how far those inno
vations might extend. When this project there fore was moved to the Pope, I find by a Letter of the protonotary John Casalis, Oct. 30, 1528, that he answered, gravely, he liked the design well ; but that he would proceed deliberately,
because it was ad perpetuam rei memoriam. Therefore he desired the two legates (for Cam ejus was by this time come) might be joyned in determining this business, and that all the
revenues of the monasteries might be conferred on the new bishops; and that the two legates,
jurisdiction, and the patrimony the Church;
which therefore the emperor would take him self and usurp. For preventing whereof, the king wished him keep guard, offering
his own and Francis's name, contribute thereunto. They were commanded also, search privately for certain pretended Breve,
Rome, (said Supplement Confir mation the Bull Julius and authorizing the Marriage with queen Catherine) since was not found the king's Records. Fur thermore, they were required discover (in the name third person) whether, the queen entered religious life, the king might have the Popes Dispensation marry again,
having advised with the Pope hereof, should and the children legitimate, and what
afterwards nominate them. So that it seemed
precedents were for it? Secondly, whether
the king (for the better inducing the queen thereunto) would promise enter himself into religious life, the Pope might
the Pope held it fitting to comply with the
king a little at this time, since Gardiner told
him plainly, that he had in his Instructions
these words to tell him, “Necesse est supprimi not dispense with his vow, and leave her
pro serenissimi Regis Collegio Monasteria cujus there Thirdly, this may not done,
cunque ordinis :’ in conclusion, a Bull was granted for applying the Revenues of some
small Monasteries for maintenance of the king's colleges in Cambridge and Windsor Castle; the
copy whereof is extant in Robert Cotton's Library. may doubted yet, whether these apprehensions, that were now, more than one kind, given the Pope our king's declining the absolute authority the Church
Rome, did dispose the Pope more oblige disoblige him. For, though the Pope had reason fear, lest he should lose his ancient
jurisdiction this kingdom, denyed; yet
might doubt well, that adhering too
much that side, might offend the emperor
whether can dispense with the king have two wives, and the children both legitimate Since great reasons and precedents, especially
the Old Testament, appear for All which
they were with that secresy and circum spection, that the cause might not published,
propounding the king's case always therefore another man's. Lastly (as other Instruc
far,
hazard the loss his own. He therefore, once treats with the cinperor
Pope now more than ever disposed favour
perfect peace and amity, and together reco
vering Cervia and Ravenna, and effecting the emperor: insomuch that they observed certain other designs which had Fiorence; daily new delays and restrictions him. Some and grants (as
large Commission
yet, effect,
might see was not out his power check
tions) sonne kind menaces were
But persuasions and terrors wanted not the other side; which did much more prevail with the Pope, the danger was more imme diate and pressing the emperor's part, than
our king's. Therefore our ambassadors were far from obtaining any thing, but what was
formerly granted the Commission cardinal Woolsey and Campejus, that they found the
abovesaid) appearance whereof (besides the evidence our Records) Woolsey and Campeius; Sanders doth confess, while saith, that the
restrained, the emperor
Pope, four several messengers Campeius
revoke And this was that Gregory
Casalis and Stephen Gardiner, after much im portunity, could obtain. They moved the Pope could
also canonize Henry (which find was formerly proposed Alexander Henry 7,)
which the Pope answered, ‘That the
That persuade
(now his way) gave him charge That should make easie journies. That when
England, should labour he reconcile the king and queen.
this could not effected, should her enter monastery, and take her religious lite. Lastly, That when this
came
Win could obtained, should give definitive par Sentence for the Divorce, without express their commandment from him, hoc (saith he] sum
archbishop Canterbury, and bishop
chester (who had examined the matter
tibus) did send the process thither,
Commission required, the Canonization should mum marunum tibi mandotum. Campe follow shortly atter. ' Businesses standing thus, jus thus instructed, protracts things; whereat our king thought send Francis Bryan, though our king seemed scandalized, sus knight, and Peter Vannes (an Italian, and his pecting came from unwillingness, yet, being
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309] STATE TRIALS, 19 HENRY VIII. 1523. -Divorce of Catharine of Arragon. [310
an active prince, he made use of that time to causes matrimonial, the presence of the parties negociate in Spain for recovering the Breve, to be examined, being required for the most (of which above) commanding the bishop of part, the emperor might easily imagine how Worcester, and doctor Edward Lee, by unfit was for the king and queen personally means procure At length (and not be Rome, especially that time. After fore the beginning Oct. 1528) Campejus this, the emperor commanding the Breve
coming through France, and being conducted read, the ambassadors required notary thence into England, John Clark, bishop allowed them, for setting down the whole pas Boath, our king's ambassador there, came sage this business, together with their Pro London: where, being our cardinal pre testations. But notary but the emperor's
sented the king, publicly acknowledged being permitted, the ambassadors were forced the name the pope, cardinal, clergy, and accept him, desiring notwithstanding their Rome, that our king was Liberator Allegations might set down apart. Here
Shortly after, obtaining
rbis. audience
upon the emperor told the ambassadors, that
express messenger our him continue his Match, refusal, protest against the some religious life. For which many pretexts Divorce. Our ambassadors yet persisted still
the queen, took occasion both acquaint
her with her danger, and persuade her there
upon renounce the world, and enter into and, case
wanted not, (as find our Records) she hav urging the emperor, for his own sake, ing been observed, since the Commission ob send the Breve for England; lest the Judges, tained, allow dancing and pastimes more wanting sight thereof, should proceed against than before. And that her countenance not the queen, otherwise, that would send
only court, but the people, was more the said Breve the Pope. The emperor re chearful than ordinary; whereas was al plyed, that therefore would not send
ledged) she might more sad and pensive, For considering the king's conscience was unsa proceed
should come her company. But the of. would not fear send England.
fended queen replying peremptorily, “That Letter also, the 20th April 1529, they cer she was resolved both stand that Mar tifie the king, ‘That the emperor intended
riage the Roman Church had once allowed send both England and Rome, make his and, howsoever, not admit such partial Protestations against this 1)ivorce; and that
judges they were, give sentence her would not send the original Breve. Fur
cause. " Campejus writes Rome, both thermore, that required our king, according
inform the Pope hereof, and desire farther Article former Treaty, fall upon
Instructions: the Answer whereunto the Pope Francis, perturber the publick peace.
yet long deferred, that very near six months Lastly, because the said ambassadors had
passed before the two cardinals sat their heard, and considered, large, the Breve,
tisfied, and that had refrained her bed, and the Pope
was not willing the lady princess, her daughter, ters were now they were heretofore,
Commission.
This while the bishop Worcester, and Dr. Lee, having given the emperor overture
they sent their Objections against it. ” Which,
the Divorce, did (by Letter dated Sara tually set down,
gosa, April 1529) return our king this An original letter, written
swer, the emperor's part: “That was read, find deciphered our Records. sorry understand the intended divorce, “That where pretended the Bull and adjuring our king (for the rest) the Sacra Breve impetrate one day, either they ment Marriage, not dissolve Or, were impetrate
he would needs proceed therein, that the hear and then
ing and determining the business yet might suit, being
be referred Rome, General Council, and not decided England. ” Adding further,
That would defend the queen's just cause. ’ Wherewith, the pretended original Breve was produced, and transumpt copy thereof (signed three bishops) offered them, send
one suit, and one man not thought, but that this great importance, was com
think that one man, the suit for both, would
prince that piety, that ought not
adjured and for the Breve, that was jewel.
belonging the king and queen only, and more durable remain; and, that the two
one man, hard England; but the Breve itself was denyed, being instructed
less moment Bull,
for fear (as said) miscarrying. To which our ambassadors answered, That our king was
put the dispensation
and greater moment Breve, seeing the one might facilly impetrate the other, and that the dispensation lead
would send king, intreat
miscarryed, the Judges might then they would but for sending
being one the grounds
ing this great altair,
the king's proceed have thought punc
would advise. And that, mat
the
mitted such one, could perceive, that the Bull, not containing large dispensation
the Brewe, superiluous, (supposing the Breve necessary. ) the one were im
petrate after the other, and the suits made
any other from them. kings were bound impetrate Bulls, and not Rome, needed not Breves, whereof they that had such Com
not detained
And for appealing
since authority
was already given from thence cardinal And these suits were made divers persons, Woolsey and Campejus. Besides that, and several commissions, there reason
determining that business mission (as seemeth) could not ignorant.
they are extant cipher, and thus
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311] STATE TRIALS, 19 HENny VIII. 1528. —Proceeding relating to the [312
the king your father, than your highness. And although then inight have been impe trate your highness's name, yet could not have been done there without knowledge and consent the king your father, and also
his setting forth. And, any his intervention and consent had been this matter, would
not have bound king Fernando, and likewise
can be alledged, (the impetration being in one day) why to two several persons several com
missions should be given herein, the thing re quiring no haste, the Marriage following five or six years after; but more likely it the Breve were then obtained indeed, that was procured secret practices not known
parties quorum intererat scire consentire;
for, both the parties consenting, think there have been bound himself, get Bulls Dis
can sufficient cause alledged, why, the thing being done common consent, the
Breve rather than the Bull should have larger
dispensation; for what needed two divers suits,
with divers commissions, both the parties two Bulls reserved their archives, should were agreed upon the suits? Especially the also this Breve have been, which indeed was impetration both being one day. —-2. Sup not there found, hereafter shall shewed, posing
the queen
cognita
impetration for much vain, (viz. quod Re
have sworn, quod nunquam fuit Principe Arthuro; the cause the
chives. Wherefore may that there was such obtained
well reckoned,
gina cum Arthuro principe matrimonium car
mali copula consummaverit. ) this true, folks first said, that was found Archivis
appeareth that that sued the Breve had Regum Hispaniarum, appeareth my
no commission the parties, for they would lord cardinals graces Letters; and now, forget not give him commission impetrate dispen ting themselves, the emperor's chancellor and
sation for cause not true. —3. Supposing Perinot have confessed that was found true, that master Abel saith me, that among the Writings doctor Puebla, which the queen never heard such Breve, before was orator Spain, England, the king's the emperors orators there presented her; days most noble memory your father. how can stand, that reported the Breve, Which contrariety maketh appear that they quod impetratum est Breve Regina instan not upright. nephew doctor Pue tiam 2–4. your highness had made instance bla’s being there, have written our com and supplication for the same Breve, not mon Letters the 5th April, and now do
ensation. And surely may thought, that,
the king your father consented, Don Fernando Spain did the same, that cannot
doubted, but that they say here, they have
true, that master Abel saith, nor any such found your highness's ar
the king your father. —And
eth the Breve suspect, that the emperor's
the consent 7thly, mak
i. thought that should far out remembrance, the causes impretation
again; whom peradventure some light might
eing such, your highness might and could,
anon, reduce the same. —5. were and great sage council, men singular
impetrate the instance your highness, and
the queen's grace, cause why should
sent into Spain king Fernando (as the
emperor's folks first said, but now swerve) and not your highness, and the queen's grace.
any will suppose that was done your con sent, reason agreeth why you should consent
wisdom and learning for purposes, may well conceive that, ever any Dispensation for Marriage had between your highness and the queen were sent for, that her grace was examined esset cognita principe Arthuro an non And that, fassa est, that the two kings would have provided therefore Dispen sationem Bulla, they were bouud. And
the other side, negavat sefuisse cognitan, nihil erat opus Brevi quoad, &c. And for the
thereto, and not rather keep hands, than send the custody And yet, you did consent,
your own another.
cannot
thought, but that should remain your re second part the Breve, cannot suppose
membrance, the firmity your Marriage, that your highness, that time which the date and discharge your conscience, with other the Breve pretendeth (your highness being things, touching highly your succession, stand then not much more than years
ing therein: and may supposed moreover, age, and the king your father living) need any
that some writing the should remain there, which Considering that the king
deposite thereof Dispensation that party. And none not found—6. needed then, why should your highness then most noble me make instance for any, which supposed the
Inory, your father then alive, your highnes not Breve? –9th. this Breve were impetrate
the days Dr. Puebla; the being thereof long his hands, and the manner keeping
|.
being the date the Breve past 15,
age,” [for the Cipher is; though ing Henry was then but 12, and something more, conceive these figures were ciphers
the same, giveth new conjecture that
thing cassat; for the thing being much only, signifying his true age unless perchance importance, touching nigh your highness and
the cipherer decipherer did otherwise mistake “it may well supposed that your high
the queen, why should keep it; specially long? for lived England after the date the Breve years, and died there, not long after the king your father. Who can
ness was not then much solicite the impetra
tion such things. And that, any such Breve
should have been impetrate that time, that ra think that such king, and such council, ther should have been done the instance would have suffered the Breve be out of
had. —8. Whoso considereth the high re
king your father, nowned wisdom the said
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313] STATE TRIALS, 19 HENRY VIII. 1528. —Divorce of Catharine of Arragon. [314
their hands, in his hands, that time, the ceptions were, find another Letter,
Breve had been known them necessary for dated from the same ambassadors
this Matrimony, and any value And, said, the manner keeping thereof seemeth confirm the same; which manner keeping
dinal that there were rasures divers hands; names false written, rus pro Arthurus; the date false;
the car it;
conjecture two things: one, that was Dec. 26. 1503, which, according the date not kept case tin, after the manner Breves, beginning Dec. 25, was almost year Breves; for only paper they did exhibit before Julius II. was pope. was observed
twice. Another, that the superscrip likewise, that the seal swelled the middle, tion appeared slubbered, reason often and appeared like some old seal newly clapped handling, peradventure lying among many his on. And thus much out these Dispatches writings and old letters; wherefore, although those able negotiators, the bishop Wor were then impetrate, yet seeneth that took cester, and Edward Lee the king's almoner;
cassat, and void, peradventure surrep who, sending the transumpt the Breve the
titiously head, any king, April 23, Letter the 12th June obtained his own without
iii. ;
commission or consent of the parties. —10. following, also certified our king the send
the emper ing Gonzales Fernando, the emperor's chap or's chancellor and Perenot say, they have lain, the earl Desmond, Ireland, to divers Letters and Writings the said Pue gether with the return chaplain the said
bla's, concerning both the first Marriage and earl's his company; the emperor seeming second the queen's yet, because they ut take this intended Divorce much heart,
Another suspicion that,
have &l.
gathered; that his Answer implied, that they have none other. —11. any such Breve were impetrate that time, the knowledge
and consent both the kings, likely that either of them should have one. Let them then
here bring forth the Breve Archivis suis.
they will say, this what likelihood
that should sent into England, come
into Spain For this Breve, were Dr. prince living. ” To confirm which also, de Puebla's custody, came out England after caused Anne Bolen depart the court,
they any thing specially
that Shortly
thought
tered not that
concerning this Breve,
have forgotten say, for much
for their purpose, there had been any such) moved upon that suspicion, demanded them, and divers times the same, whether they had any special letters concerning the Breve? They could not, did say that the had but the emperor's chancellor answered, That the Breve was enough. Whereupon may
which, Worcester repealed.
they
would not maketh
after
find also the
give our king this jealousy.
bishop
Arthe being
his death, with other his writings; which
think his nephew there confess that
was found amongst other his uncle's writings)
will also confess. say, why was sent into come the ki§ng any more, till her father England not doubted, but Don was commanded (not without threats) bring Fernando had an ambassador the court of her thither. Who representing the common
Rome, which might easilier and nearer way danger them obtained
length have sent into Spain. Wherefore, they (though not without much difficulty) the con cannot, out their archives, bring forth sent his unwilling daughter return; where suc yet she kept that distance, that the king might
was now mid-May 1529, when our king,
The 12th suspicion against the Breve children, might easily drawn from him, self; that, whensoever was impetrate, was did resolve, without relying any longer
such Breve, their diligence custody
things supposed, and well deprehended
custody two Bulls, (for some the secre taries said me that they have two) they may,
This while, the common people, who with much anxiety attended the success this great affair, seemed, betwixt pity queen Catherine, and envy Anne Bolen, (now appearing
the king's favour) cast out some murmur ing and seditious words; which being brought the king's ears, thought protest pub
lickly Assembly Lords, Judges, &c. called his palace Bridewell, “That no
thing but desire giving satisfaction his conscience, and care establishing the Suc
cession the crown right and undoubted
line, had first procured him controvert this Marriage; being (for the rest) happy the
affection and vertues his queen, any
such abrupt and discontented fashion, that she determined absent her self altogether. Neither could she induced (as Sanders hath
the easily perceive how sensible she was her late dismission.
this, gather (themselves) that there
such, any otherwhere, any effect and League with the emperor, and judging wisely value. ” also, that Francis, upon the restoring his
either their promises, take the best course could, for giving conclusion this busi ness. And the rather, that matters seemed writing such things; and some defaults daily more and more indisposed for that con the writing; such, my lord Worcester clusion desired. For though Campejus, ac saith, hath not seen committed any Breve. cording the order had from the pope (as And, trusteth prove, the date shall find dispatch John Casalis, dat. Dec. utterly condemn the Breve. And these Ex 17, 1528. ) did both persuade the queen Di
not duly impetrate, may gathered divers things the same, and about the same; the hand some learner, and not one exercised
understanding how the Pope intended strict
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315] STATE TRIALS, 19 Henry VIII. 1528. -Proceedings relating to the [315
having dinal Woolsey should along with him; not
yet pope and cardinal, but two legates, ambassadors, for concluding peace. But
this journey mentioned before, being the absolute decision was interrupted
vorce, and dissuade the king from
either way the end both. Nor would
proposed
(as find
yet
dispatch) out
failed the same his hand the decretal Bull
least were really intended) the sickness the pope, the Cause, (the Dispensation being relative which was thought desperate, that eur car the queens entring into religion, other dinal, Feb. wrote Stephen Gardiner (then
dissolution the Marriage;) regard (as the Pope pretended) was got the importunity
the said Casalis, that desired the cardi written with much earnestness for him, that nals should proceed according their Com though the convalescence the pope did frus mission, but that the Bulla Decretalis should trate this design, Stephen Gardiner yet was
means shewed any the kings wished keep the Letter omnem eventum. counsellors, other person whatsoever, though find also, order was given, that Woolsey
upon oath secresie; being sufficient that could not chosen, the cardinals which were the king and cardinal had seen already, for him (being third part the whole number) Campeius hand. How our king yet was satis should put Protestation, and departing the
kept the Bulla Decretalis, secretly, his engagement the Spaniard (whereof,
well from his cardinals; fearing lest Dispatch from the pope the emperor July 21, the emperor should call him council 1528, that came our king's hands, there
for For the more caution, taking order mention) did hold him off; find after this that the memory should raz'd out time the Pope more averse than ever. There
cardinal Woolsey, with intention that
should shewed the king and cardinal
only, arrha token good will,
and afterwards burnt; protesting nevertheless nal had obtained the French kings letters,
fied with this evasion the Pope, appears conclave, should some scoure place proceed not me any record, more than election, notwithstanding any made
no
still solicited the Pope, that might ex Rome. But, whether the Pope
hibited publickly. Howbeit the Pope, who tice this untinely ambition our cardinal, had other thoughts, told our agents, that were now offended with him, that otherwise
Rome) that, means, should procure
the papacy for him, being (as affairs then stood)
the most indifferent and equal that could
found christendom. To which purpose also, besides our kings recommendations, the cardi
o;
his archives. And, not staying here, (as fore, notwithstanding design his, that car find our Records) commanded one Fran dinal Woolsey and Campejus, having finished cisco Campana (his servant) into England, the business the Divorce, should afterwards
É.
indeed charge Campejus
confer with the king and cardinal, conclude universal peace, yet that
burn the past this affair afterwards (on his part) was
little more than illusion. Which sir Francis Bryan discovering, Dispatch our king, plainly told him, good was done;
Cervia and Ravenna. Our king conceiv which our king also believing, had commanded ing hereupon, that these difficulties the Gardiner threaten the pope with his solici Fomade, proceeded from the fear which tation the princes Almaine. Among
Decretal. For colouring
finally objected our king that
which,
had not kept promise with him, about the restitution
particularly
Francis whom find George duke Saxony
had the emperor, sends
Bryan, and Peter Vannes again,
his offer guard thousand
thousand men, kept the cost the useth more than one menace; though much French king and his, whereof the Comte Tu vain, that, conclusion, advised our renne, and Gregory Casalis should cap king proceed upon the Commission given tains; and, the mean while, that general the legates, the Pope being (as alledged
peace should treated But whether the pope, being late enough offended with the guard which the emperor put him, would
not now accept them from any other prince
April 21, 1529), awed the Cesareans,
had rather suffer much anothers name, than any thing his own. To incourage him the more also, Gardiner calls the Breve false and counterfeit, being not found
the registers Rome. Moreover, for se conding this advice, Gardiner, another I-et ter, May says there was danger recalling
thought them too slender defend that would argue partiality
renew (the Lutherans vain opposing have per two suaded the Divorce. Gardiner, hereupon,
that him;
seemed still fear the emperor; insomuch, ters from our agents. Whereof Gregory Ca that Dispatch from Gregory Casalis, dated salis, dispatch June following, gives Jan. 1529, find the Pope for the better reason, these words the Pope who, be making both own, and general peace, ing that time more slackly relieved from the pecially betwixt Charles and Francis, (which confederates than expected, and divers
also followed Cambray this year,) declared his subjects (for the rest) arms against him, cardinal Woolsey, thought necessary said, Malle sese preceps dari, Caesari,
himself person into Spain, and that car Stahulo, neaum Sacris inscrwire, quan in
these terms; that otherwise
any thing
had made his private peace with the emperor,
(which certainly was the truth,) not find the Commission given Woolsey and Campe the pope accepted this offer. Howsoever, jus: which was confirmed divers other let
goto
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317) STATE TRIALS, 19 Henry VIII. 1528–Divorce of Catharine of Aragon. [318
feriorum hominum, subditorum, vassalorums; whence those parts controversie hath arisen rebellium injurias sustinere. The remedy which hath perplexed the minds men, and whereof he expected only from the emperor. held them suspence and expectation, what So that not only fear, but even hope making justice and equity will determine case
him obnoxious, he did, for more than one rea son, incline to the emperor. Our king also,
being well informed hereof by certain excusa
tory Letters from Rome, and that a Treaty be ceed some quick and speedy determination twixt the Pope and emperor (whereof there herein, avoid that danger which must un shall be mention) was already upon term of avoidably ensue upon deferring But since conclusion, and an interview appointed; gave we, whom God has appointed Servant his order first to recall Gardiner and Bryan; yet Servants, administer men impartial so as he neglected not, at the same time, to justice judgment and truth, are not able send William Bennet, Dr. of law, to Rome, to our person inquire into the truth the fact,
hinder the advocation of the Cause; whereof and examine this Cause our selves: considering he was so jealous, that he intercepted not only likewise that the fact, concerning the right
those dispatches which were sent to Rome from Campejus, or any else, but even those in
telligences which queen Catharine should give to her aunt the lady Margaret, governess of the
which the present debate may with more certainty, speed and expedition inquired in
and examined there than here; farthermore, being desirous, that that kingdom, which has
Low-Countries. So that now our king, finding always shewn the greatest affection and obe his conscience unsatisfied, his nobility in sus dience the Apostolical See, matter dis pence, and the people murmuring at these pro sention may taken away, the bond peace crastinations in an affair that so much con and love strengthned, and the blessed har
cerned the Succession, charged the two cardi mony mutual charity, which has many nals to proceed; as being satisfied by a parti years continued, may still flourish, and con cular discussion of this business before arch veyed down posterity; and Decision may
peculiar nature, and great moment, not yet tryed any publick court ecclesias tical judicature, that but necessary pro
bishop Warham, and divers the learnedst men of both Universities, at Lambeth, that his cause was fair.
made the above-mentioned Cause, con cerning the foresaid Marriage, according the rules justice, judgment and truth, whereby this Dispute may, most expedient should, obtain firin, valid, certain and speedy
And now, publick notice of a solemn hearing
being given, the court was appointed to
the queen chusing archbishop Warham, and conclusion and end. For these purposes, we
Nicholas West bishop Ely, doctors the law, and John Fisher bishop Roshester, and Henry Standish bishop St. Asaph, doctors
hereby give and grant plenary authority, and most ample power and commission your eminences our own stead either both jointly,
divinity, her council, &c, according the case unwillingness, any other impe permission the king gave her that behalf. diment, either you singly; that, being sub The passages whereof, out ancient and ject the authority and jurisdiction court authentic Record parchment, subscribed person whatever, nor liable any Appeal the three notaries (used this business, and Question concerning your jurisdiction; you remaining the custody that great antiquary, hear and examine and every thing which
sir Henry Spelman, knight,) shall set down,
with much particularity, the context my History will suffer.
may relate the validity invalidity the
tion whatever, The place appointed for hearing and deter before you, and
mining the Cause, was great Hall Black Fryers London, (commonly called the Par liament-Chamber. ) The time, the 21st May 1529. The Judges, the two Cardinals
above-mentioned, whose Commissions have thought set down large:
“Clement bishop, servant the servants God, our beloved sons Thomas archbishop York, cardinal Sanctae Ceciliae, and Laurence
Campejus cardinal Sanctae Marie Transtibe rim, our legats latere from the Apostolical
See the kingdom England, health and
proceed judicially, without tumult disturb
apostolical benediction. The relation very shall pronounce and declare finally that they many persons undoubted credit hath reached are, and ought held and like manner our ears, concerning the validity that Mar concerning the said Marriage, you shall,
riage which our beloved son Christ Henry either party required, define, determine, and
king England, defender the faith, and lord nally sentence the same valid, just, lawful Ireland, Dispensation the Apostolical and firm, the other side unjust, invalid,
See being first had) was known have con and unlawful, and thereupon that and ought tracted and consummated with our dearly belo void and null, and therefore you ved daughter Christ queen Katharine, from there declared invalid, unjust, unlawful, void
said Marriage,
any Apostolical Dispensa
exhibited and produced other things, matters, cir
cumstances, allegations and causes, which may any ways relate to, and concern the said Mar riage, and the said Dispensation: and that you
par ties concerned and knowing the case the said Marriage, and the validity the said Dispensation; and shall you appear, that
any such Apostolical Dispensations shall be sufficient, effectual and valid, invalid, inef. fectual, unsufficient, surreptitious arreptiti ous, any account null and void, such you
ance, summarily and plainly examine
of in
to
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319] STATE TRIALs, 19 Henry VIII. 1528–Proceedings relating to [320
and null, either side pronouncing Sentence, they would notwithstanding proceed execute shall appear most just, according the laws their Commission; for which purpose the
reason, and the dictates your own consci ences; and shall thus appear that the Dis pensation invalid, and the Marriage null, that you judicially, deliberately, summarily and clearly, aforesaid, pronounce Sentence Divorce, and grant Faculty and Licence
the Lord the foresaid king Henry and queen
abovementioned bishop Bath and Wells, was employed; but she, refusing, pronounced Colltumacious.
Certain Articles were then put the gates, against our king and queen Katharine,
the principal substance whereof was, that prince Arthur did marry, and carnally know queen Catharine, confirming also this Marriage
cohabitation with her till his death. After which king Henry being brother, did marry
Katherine marry again. And we create and depute you jointly,
said any ways hindred) separately
hereby above our stead
execute, finish, fully and finally determine the said lady Catharine, An. Dom.
1509, any the things contained this Com Jacie ecclesia, and had children her; which mission ample manner, that whatsoever Marriage yet being well Divino Ecclesi
we our power and authority could have done asticojure prohibited, and (unless may
the premises, that you are hereby enabled otherwise made good) reputed self
fully and effectually. We likewise nullum omnino invalidum, had caused huge
our own certain knowledge, our aposto scandal both
the clergy and people Eng many other places, insomuch that the pope's ears, who taking no
lical authority, and the tenor these pre sents, grant you power and authority pro nounce, sentence, and publish, shall you seem convenient, that the children the first Marriage well the second are legiti mate; and that you confirm and establish the legitimacy both sorts, either censures and ecclesiastical punishments inflicted
land, and
doctor Taylor, archdeacon Buckingham, examine the witnesses; while themselves call ing for the Dispensations that were alledged
support the same: any General Councils, Apos favour this Marriage, certain Bull and tolical Canons, publick Ordinances Decrees Breve were exhibited, which have thought
tual sanction, any other more valid and
thought of, contrived strengthen, and effectually
effectual method form that can
hath come
tice hereof, gave Commission those cardinals
hear and proceed this business, according the importance
This being done, the queen cited second time appear; which she refusing, pro nounced again contumacious. This hindered
the gainsayers, way decree and perpe not the court yet proceed, and appoint
whatsoever the contrary notwithstanding. — Given Viterbo the year our Lord 1528, 6th the Ides June, the fifth year our Pontificat. ”
set down length they are extant the same Record.
The Bull being sub plumbo, more Romanar Curia, was original; but the Breve was only
After the Commission was read, our Chroni
cles say, the king was called, and appeared
personally court, whose feet the queen notary, Authoritate Apostolica; and with the
prostrated her self, demanding justice, right, and pity, &c. But now come the authen tick Record. find the king and queen were
bishop Longland, the kings confessor, cited appear upon 18th June next ensuing. The king (for . . " his time,) gave Richard Sampson, dean chappel, and John Bell, doctor the decrees, Commission sealed green wax, and dated at Greenwich, 15th
seals Balthazar Castiglione the Pope's nuncio, and the reverend father God Al
June; which tors, with authority and Judgment
constituted them proc ter
refuse accept the Court dinand and Elizabeth, most Catholick king and
copy subscribed and signed with the hand Juan Vergara, canon Toledo, and publick
fonsus
Fonseca, archbishop The Bull.
Toledo.
the servants
son our most
“Julius Bishop, servant God, Henry,
dearly and
. . . &#.
the two cardinals, and, queen Spain and Sicily, health and aposto were, Appeal; allowing also to lical benediction. The supreme authority
need
substitute other proctors binding himself the Pope exercises power granted
nally sub hypotheca obligatione bonorum, above, shall seem most wholsom and ex ratifie what they should do. , But the queen pedient Christ, according the difference using shorter way, appeared person, pro persons, things, and times. Your Petition testing yet against the cardinals, incompe lately exhibited did set forth that you, tent Judges; requiring further, that this her daughter Catherine, and Arthur (eldest son Protestation might recorded, and de the most illustrious and our most beloved son
them
parted presently out the court. This while the cardinals, who took into their Commission John Longland, bishop Lincoln; John Clark, bishop Bath and Wells; John Islip, abbot
Westminster; and doctor John Taylor, master the rolls; sent unto the queen let ters monitory; declaring, she appeared not,
our beloved son
beloved Christ Henry king England,
our beloved
our most dearly beloved Christ Fer
#.
Christ Henry king England) since de
ceased, for the better preserving and continuing
the Leagues and Treaties peace and friend ship between our most dear son Christ, Fer dinand, our most dear daughter Christ Eli zabeth, most Catholick king and queen Spain and Sicily, and the foresaid king and queen
daugh
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*~ TRIALS, 32. 1] STATE
19 HENRY VIII. 1528. —Divorce ofCatharine of
Arragon. England, did lawfully contract a Marriage in The BR eve together with the Asseverations
words de prasenti, and did perhaps consum mate it by carnal knowledge, which prince Ar thur dyed, leaving no issue by the said Mar riage; now whereas your Petition did further set forth, that to the end that the said amity and good friendship may be still strengthened and continued between the foresaid kings and queen, you did desire that a Marriage might be contracted between you, in order to which you did supplicate that we would of our apos tolical grace and favour grant you a sufficient Dispensation on account of the premises; We therefore out of our hearty inclination and earnest desire that peace and concord should ever flourish and remain among the faithful
[322
those who subscribed - “We Balthazar Castiglione Mantua,
Notary the Apostolical See, and Nuncio
the said See, the kingdom Spain, and
other territories and places subject the tem
Christ, but more especially among Catho most holy father Christ, Pope Julius
lick kings and princes, hereby absolving you and either you from sentences prohibition,
happy memory, form Breve, under the Seal the Fisher; which Letter was shown
the presence most sacred, and imperial, and most catholick majesty Charles, the grace God, elected euperor the Romans,
suspension, excommunication, and
clesiastical censures and penalties sion pretence whatever, either
other ec any occa any person
law inflicted upon you, that forementioned may be, suit yet depending
cancelled, nor any account part suspected, but free from manner
suspicion colour deceit. The outward
superscription which Letter was this man
hereby judge you absolved, compliance with your reasonable request,
and we
poral dominion their most serene majesties
Charles elected emperor, and Joan, most Ca
tholick king and queen, and Alfonsus Fon seca, the grace God, abp. Toledo, pri
mate Spain, and high chancellor the king doms Castile, and every oue whom these presents may come and whom the know ledge thereof may any ways concern. Health
the Lord. Know that we formerly re ceived with all due reverence the Letter of our
the case being whole and entire, ways viciated nor
our apostolical authority, out our meer and
special grace and favour, the tenor these ner: “To our beloved son Ilenry, son our
presents dispense with you, that any most dearly beloved Christ Henry, king impediment through the foresaid affinity be England, and our beloved daughter Cathe tween you, any apostolical constitution, ordi rine, daughter our most dearly beloved nance pretence whatsoever notwithstanding, Christ Ferdinand and Elizabeth, most catholick you may lawfully contract marriage together king and queen Spain and Sicily. ’ And the per verba praesenti, and when con contents of the Letter within was this effect
tracted, although should already have been Julius Pope, sends you, dear son and dear cither publicly and openly, privately and daughter Christ, health and apostolical clandestinely contracted, and perhaps carnal benediction. The supreme authority the
knowledge consummated, that you therein may lawfully continue and remain, and we
the same authority absolve and free you and either you from Censure and Sentence Excommunication, which you may have
further pronounce
riage, your confessor, you both either you appointed, therefore lay upon some wholsom penance, which you are here obliged do. Let therefore mortal man
resume infringe this our Sentence Abso ution and Dispensation, with rash boldness
contradict our will herein; and any one
Pope exerciscs power granted from above,
shall seem most wholesome and expedi
ent Christ, according the difference
persons, things, and times. Your Petition
lately exhibited did set forth that you,
shall
having facto entered into this con marriage before this Dispensation; and
daughter Catherine, and Arthur (eldest son the most illustrious and our most beloved son
curred
tract
we
mate, either already yet
said marriage, either now
contracted. Provided that you (daughter Ca ship between our most dear son Christ tharine) have not force and violence been Ferdinand, our most dear daughter Christ hereto compelled provided also, that you Elizabeth, most catholick king and queen have already actually contracted the said Mar Spain and Sicily, and the foresaid king
the children legiti born from the hereafter
Christ Henry king England) since de ceased, for the better preserving and continuing the Leagues and Treaties peace and friend
presumptuous attempt any
thing contradictory hereunto, him take no therefore, for these and certain other causes, tice that shall therefore incur the vengeance desire lawfully words presenti con
the Almighty God, and his blessed apos tract Marriage; which desire you inay not tles St. Peter and St. Paul. –Given St. Pe ‘in the premises fulfil without our Apostolical
ters Rome the year our Lord 1503. Dispensation therein first had, you therefore Seventh the Calends January, the first have made your humble quest, that we year our Pontificat. ” “would our apostolical grace and favour
WOL.
England, did lawfully contract Marriage words praisenti, and did perhaps consum mate carnal knowledge; Now because prince Arthur dying without issue this Marriage, likelihood this bond peace - and amity between the said kings and queen would not last firm, stren-thenca and supported new tye attinity You
Y.
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of to y. or ofin be doof asor
in I. of byof or of
ofhesototo in
de wedo do
of
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or
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by is
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or
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:
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3231 STATE TRIALS, 19 IIENRy VIII. 1523. -Proceedings relating to the [324
‘ vouchsafe you our Dispensation in the pre mation the truth these premises, we mises. We therefore, out of our hearty in have both this present instrument set our
climation and earnest desire that peace and ‘concord should ever flourish and remain among the faithful Christ, but more especially
hands and seals. Given at Toledo this 12th of Dec. 1528. ”
the presence these most noble and most among Catholick kings and princes: these illustrious lords, Henry count Nassau; The
and other seasons thereunto moving,
compliance with your request herein,
these presents our apostolical authority
dispence with you, that may and
lawfull you, any impediment arising from dria, lord Prato; Nicholaus Perrenot, lord your affinity reason the premises not Grandville. All the privy council his withstanding, contract marriage together, said most sacred, most imperial and most catho and contracted lawfully and freely lick majesty, who were specially called and
perhaps appointed witnesses hereto. Balthazar Ca you may have aiready publickly clandes stiglione, nuncio and apostolical collector; Al timely facto contracted Marriage, and con phonsus, archbishop Toledo. Johannes summated carnal knowledge, we Vergara, cnnon Toledo, professor divi such case the same authority free and ab nity, and the apostolical authority appointed
live and continue: And inasmuch
solve you either you from censure and public notary, who was present the signing the sentence excommunication, which you and sealing the premises, and saw the may thereby have incurred, and we like said witnesses subscribe their hands, have sign
anner dispence with you herein, that you
tnay impowered freely and lawfully live
and continue the Marriage facto thus
contracted, contract anew and we do
declare and pronounce that the children
born born from this marriage con tracted contracted, be, and ac
counted legitimatc. Dut our will that this Marriage was contracted facto before this Dispensation, that confessor, ap
this publick instrument, and set my name testimony the truth, being thereunto
called and required his said imperial catho lick majesty. ”
Against these Dispensations, the following OB Ections were used.
“1. That the peace and unity betwixt Fng land and Spain was firm before the granting of the Dispensation, which yet was alledged
cause. That the said Dispensation,
desire jesty, both
his own, and
deceit, therefore the oxpress
his said imperial and catholic no though this Dispensation might once
most serene Catherine queen most dear aunt and cosin,
had
shall reason
necessary, and wars the hazard
time, and that certain knowledge may the tenor and contents of often
Objection Affinity were taken away vertue the said Dispensation, yet the Objection publica homestate was not cleared. That the Breve above-mentioned appears the tenor
contain many falshoods and suspicions, and particularly that the stile, inditing, also
many clauses and circumstances, differ from the Pull, that may thought forged since the time the questions moved concerning this Matrimony; comparing them together may inanifestly gathdred. ”
This also was urged these Reasons
That the Register-Book the
Breves Rome, no such breve found,
any argument that such breve was made. That likewise neither the Chartophylacio,
such places carriage may
able and just request his said most sacred majesty, cause the said Letter copied, iranscribed and publickly attested; willing and decreeing that this Copy thus faithfully
not
bispensation, compliance with the reason
safe transmit
notifyed unques places where
the
do give our authoritative decree and sanction. And for the suller and inore certain confir
transcribed and publicly tionable credit shall, thought fitting produce
given original letter self. To which both
trust the Original
marquis Zenete, lord high-chamberlain. Don Juan Manuel, Don Laurence Gorrendo, Knights the Golden Fleece; Charles Popeto, lord Chaulx; Ludovicus Flan
pointed both cither you, therefore
Injoin you some penance, which you are being grounded this pretext, inust held hereby bound do. Given Rome St. surreptitious, Henry being then not above Peters under the seal the Fisherman, Dec. 13, and consequently unable for Marriage, 26, 1503, the first year our Pontificat.
‘Sicism Nots'—Which Letter being Balthazar Castiglione Apostolical Nun
cio, and Alfonsus Fonseca, ordinary the place, diligently read over and carefully examined, and because we found afore said perfect and entire, without any colour
suspicions
thought the name the have his force and vertue, yet seeing the England, his motive granting was grounded upon the much above-mentioned peace, and that one the greatly concerned both himself and the said said princes died before the solemnizing the
queen, for the perpetual remembrance thereof, said Marriage, the cause the Dispensation that the foresaid original may not consumed must held void. That, supposing the
which also the pope had known beforehand, that otherwise had been represented him, would not have easily granted any such Dispensation. Because was pretended
that Henry had desired the Match only for maintaining peace betwixt the two kingdoms;
whereas, (being then not above 13)
must be That
thought uncapable such thoughts.
in a
of
of
it to
in to
to or
de in by orto
to be or
or it by
us is
byasbe it or of us if in to is byin
inof
of a
ofbe we
of
in of
to or be
de it
so for all
it
by
be of
in
it,all or
all in inin as of it
de or
of
of soas
of
be of of it
it asofbyitas at de all asto be do ;de
as beso as as tois, oras itis be
oftoit asasof byatbebetoindo do
2. “ ofof to or it,ed of
it in In
at
1. be ofso to be
of
he
8 if J by ofofde to
in as
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of
of all of
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be
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of
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be he
atIde
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to be toin of by toby in
de
325] STATE TRIALS, 19 IIENRY VIII. 152S. –Divorce of Catharine of Arragon. [320 or Paper-Chamber of the king, no such Breve whom told plainly, that the Marriage seem
All which Objections were delivered to the which also the said deponent believcth was
is extant, nor otherways, in the private Trea
ties of the Marriage, any mention is made ing
thereof. 3. That in the date of the said Breve, said king Henry appeared not much clined as it is excmplified, the year of our Lord is dis the Marriage, that the said deponent in crepant from the vulgar account; for whereas treated him persuade his son prince Henry the stile of the court of Rome begins always protest that would not take the lady Co from the nativity of our Lord, this seems to be tharine wise, and that should rencw this a year before Julius was made Pope. ” protestation when came the crown;
king's proctor, that he might answer to them. Whereupon witnesses being summoned to ap pear, July 12, Thomas duke of Norfolk, Charles duke of Suffolk, Thomas marquis Dorset,
made. Notwithstanding, that when the Bull Dispensation was granted, that the said
deponent contradicted more and that the murmuring the people that occasion was quicted, till the king's conscience being
George earl of Shrewsbury, Thomas viscount
Rochfort, Robert viscount Titzwater, John bi trouilled, revived again. Sir Willian shop of Carlile, David Owen, John Hus Thomas, knight, deposed, prince Arthur and
sey, ltichard Weston, knights, with divors the lady Catharine lived five months partly others, presented themselves examined, about London, and partly Ludlow, house
the archdeacon Buckingham, above hold together man and wife and that mentioned. heard William odal, who was the
the mean while, these two Articles were prince's christning, say, that was above
added the former, serving strengthen the Objections above-inentioned. That the year for pope's breves begins Dec. 20, and the year for bulls the 25th March. That
Marriages contracted within the kingdom England, the form hath been words, De
pracsenti, ego accipio &c. -
the time his Marriage, and the lady Ca tharine elder. Sir Anthony Poynes, knight,
deposed, that prince Arthur was above
the time his Mariage. Thomas marquis Dorset, deposed, saw Register of the nati vity the king's children; which found the prince Arthur born September 20, 1486. and that the time his Marriage (which
him neither honourable, nor well-pleas God. Adding further, that because the
Businesses being thus ripe for examination
Witnesses, the Depositions two ancient la was upon Sunday, Nov. 1501, was dies, who excused themselves their infirmity good and sanguine couplexion, and able from appearing person, were publickly read. supposed for that purpose. Robert —1. The first, being Mary countess Essex, viscount Fitzwater deposed, the prince was said little, but general terms. But Agnes then about 15, and que: Catharine elder; ind the old dutchess Norfolk, who was present that, the next day after being bed together,
the Marriage St. Paul's London, declared (which remembered after they entered
the age prince Arthur the time his said have been solemnly blessed) waited Marriage about and moreover, did breakfast prince Arthur, where Maurice St. positively affirm, that she saw prince Arthur Johns did carve, and the lord fitzwater gave and the lady Catharine, alone, bed together, drink which time the said Miaurice de the next night after their Marriage. Which manding the prince how had done that therefore, also following Deposition the night? The prince answered, have been viscountess Fitzwater, may serve answer Spain this night. 10, 11. Thomas lord Sander's tale, where saith, grave matron Darcy, Wm. lord Montejoy, and Henry Gulde was put into the same bed with him, hinder ford, knight the garter, said little but way the prince from knowing her carnally. publick report. 12. Charles duke Sus George earl Shrewsbury deposed, the Mar folk deposed, that was the bishop
St. {. . . }. Decimo septi London's palace the morrow next following the
riages was celebrated
}. Septimi, 1501, adding further, day Marriage,
mo Henrici
ince Arthur was born
that and that waited there Winchester, secundo upon the prince breakfast, confirming more
John, added, able do, also because himself knew his that the Shrovetide following the Marriage,
wife being not sixteen. William Warham (which was Nov. preceding) the said prince abp. Canterbury, being examined, protests began decay, and grow feeble body; which not reveal any secrets the queen, being grew, the said John related, reason her sworn counsellor. For the rest, an the said prince lay with the lady Catharine. swered warily the questions propounded him 13. David Owen deposed, that prince Arthur concerning the validity the Match, insomuch was born Winchester, secundo Henrici septi that referred himself therein the Judges, mi which knew, because he was the
Septimi;
prince knew his lady carnally, both being before set down.
and that believed the
over effect the words Maurice St. Furthermore,
who were determine yet made
difficulty confess that approved not
first; which also declared, not only
contestation which he had with Richard Fox London's palace, and the morrow atter, the
bishop Winchester, who persuaded but prince's breakfast, heard the prince's words
certain words
king Henry himself, Maurice Saint John, when said had been
christening. 11. Thomas duke Norfolk,
lord treasurer England, depo-ed, that being the day the Marriage the bishop
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327] STATE TRIALs, 10 Hesty VIII. 152s-Proceedings relating to [328.
that night the midst Spain; which king, that any Protestation should then words, also because prince Arthur was make, would force, and therefore gentleman good complexion and nature, should make again one two days after his and above 15, believes that carnally coming annos pubertatus. 26, 27. Charles knew his lady; because himself also the duke Suffolk, and Thomas marquis Dorset, same age did carnally know and use and examined again, said little but what was for believes this the rather, that heard from merly set down. 28. Pedro Mates, Utriusque
credible persons, that the said prince Arthur Juris Doctor, native Barcelona Spain,
did with the said lady Catharine five
nigh's afterwards. 15. Anthony Willoughby,
knight, deposed, that being the morrow after
who had lived the court Rome 30 years, coercitio causarum, deposed, that the date
years there computed after three divers
the Marriage the prince's privy-chamber, the manners; that Judgments, Contracts, and
said prince spake afore divers witnesses these last Wills, bear date from the nativity De
words, “Willoughby, give me cup ale, for cembris; Litera: Apostolicæ sub plumbo
have been this night the midst Spain. ' March Litera Apostolica per Breve sub an
said, ‘Masters, time have wife:' which words
also divers other times. Moreover,
good pas mulo piscatoris, cera rubet impresso scribuntur repeated simpliciter absolutar absolue erpressione ipsius heard Domini aut Navitatis, aut Incarnationis, sed
After which
Yet that he con Nativitate, scistcet 25 know anything
*ua said this deponent, that she was never Italy, saith that Annus Domini Brevibus carnally known prince Arthur, though other Apostolicus computed from the nativity our
say they lay Ludlow together the Shrovetide next following. 16. Nicholas bishop Ely said, could depose nothing concerning the carnalis copula, but that doubted be cause the queen often sub testimonio conscientir
su/um Anno M. D. &c. ceiv'd began always
Decembris neither doth
the contrary, except the pope's secretary alter the stile. 29. Nicolaus Rusticus of Lucca in
legitima: Lord. 30, 31, 32, 33, 34, 35, 36. Thoinas vis the time their Marriage. He count Rochefort, Henry Guilford, knight, Tho doubted further, whether the cardinals were mas marquis Dorset, Thomas duke Norfolk,
competent judges, Appeal being made from Win. Falke Notarius Publicus, John Taverner,
them. 17. Rd. Sacheverel, knight, deposed, and John Clainport, being cyamined, deposed,
the people said commonly, that was unfit that the forms marriages are always ver
one brother should marry the other brother's praisenti, England. 37. The lady wise. 18. Thomas viscount Rochefort, depos Elizabeth, wife viscount Fitzwater, deposed,
ed, that heard divers prince Arthur's fol that she saw the lady Catharine and prince lowers confirm the words used, his having Arthur bed together, which was blest, and becm Spain the night his Marriage. that she left them alone together.
Moreover, heard say, that king Henry Hereupon the Depositions were published,
wise must confess then both
was persuaded his confessor, about two and the king's proctor summon'd receive years since, abstain from the bed the lady those acts and writings deliver'd into the
Catharine, lest should offend his conscience. court but
19, 20, 21, 22, 23. Sir Rd. Weston, and sir Contumnacious,
not appearing, pronounced
John Hussey, knights, deposed, the age king The commissioners yet proceeded require
Henry was upon the eve the feast the sight the Archiva, and Record concern
saint Peter and saint Paul last which viscount ing this business; for which purpose Thomas Rochefort also confirm’d, saying the place Wriothesly, and Thomas Tong king arms, his birth was Greenwich, and the year was had been employed: these men certified that 1401, and day the 28th June which Ro pri. ce Arthur died the castle Ludlow the left viscount Fitzwater confirm'd also, adding April, 1502, and that broth Henry that king Henry died two days before the was born the 28th June, 1491, and that the feast saiut George, years since; with Marriage betwixt prince Arthur and the lady whom David Owen, servant and counsellor Catharine was the 14th November, 1501. king Henry agreed, save only, that said This being done, Deposition Richard Fox,
was three days before the feast. 21. Tho bishop Winchester, takcm doctor Wool mas duke Norfolk deposed, that Pedro man, April 5th and 6th 1527, was road. The Ayala Allea, and doctor Puebla, ambas unost substantial part whereof was, that he sadors from Spain, were much favour hereto conceived doctor Puebla did first motion this fore with Henry and that Henry died be Match, and that more than one Bull was in fore the Marriage betwixt son prince Henry petrated for dispensing there with, whereof two and the princess Catharine; and queen Isabel remained England, one two were extant or Elizabeth her moth died also hesole that
time. 25. Wm. Warham, abp. Canterbury,
and counsellor Henry and Henry for
36 years last past, deposed, that conceive
Henry under 13, the time Dis
pensation granted because king enry his
father told him that was unpubes after that
time. Whereupon this deponent reply'd the
Spain, but the same tenor, and gotten without asking the consent Henry Fur thermore, that he did not reinember that Henry when came age, did expressly consent to, dissent from the intended Mar riage, yet that believed that Protestation
was made the name Henry this ef fect: That notwithstanding any contracts
or
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329] STATE TRIALS, 19 HENRY VIII. 1528. -Divorce of Catharine of Arragon. (330
tokens mutually sent, or cohabitation in the
house of king Henry 7, he would not hold him self bound to ratifie this act done in his non
age; and that this Protestation is to be found
inter protocolla Magistri Ryden, then clerk to
the council, before whom it was made. As
for the person by whom this Protestation was
made, Coran Magistro Ryden Notario publico;
credit quod vel ipsemet, vel Magister Thomas
Rutha tune Secretarius Domini Regis, & pos
tea Episcopus Dunelm. vel Mr. Doctor West
tune consiliarius ejusdem domini Regis & nunc Episcopus Eliene. f. eandem protestatumem
“To our most dear son Christ, the most illustrious king England, health and apos tolical benediction. Most dear son Christ, we have received your highnesses's Letters, which you give thanks for graciously re ceiving your ambassadors, for granting them such ready audience, giving them such kind answers, and bestowing upon them other marks
our grace and favour. To esteem highly, most dear son, which light favours the effect that picty and gratitude you have never
failed shew. We have indeed already made
manifest both our words and actions, far nomine domini nostri Regis Henrici Octavi we were able, our good affection you, nor moderni; praesentibus tune ibidem Comite shall we ever be backward manifest the
Surrey tunc Thesaurario Anglia postea Duce same more instances, being but reason
Norfolcia domino Doctore Peohebla, coran serpe-dicta clarissima Domina Catharina,
recolit, infra AEdes Episcopi Dunelm. vul
gariter nuncupat. Duresme-place. Adding
further, that our king was not present there, riage, has never been denyed, nor that remembers. Furthermore, that upon have ever given any just cause suspect conference had betwixt Henry and himself, that would deny some have basely sug he found was the intention that king, that gested the contrary, our answer has been,
able and just do, account your highness's great zeal for, and particular devo
tion towards us, and the Apostolical See. As
for the Dispensation the point your Mar
his son Henry should marry the said lady Ca tharine, although deferr'd the solemnization
that we wait only till more seasonable and
proper time shall offer itself, that may done this intended Matrinony, reason some more the reputation both parties, and
discord which was at that time betwixt him the honour the Holy See than now.