to go to Cambridge for trying who were the Fautors of Heresie there But he as Legate did inhibite it upon what grounds I cannot imagine Which was brought against him afterwards in Parliament Art 43. of his Impeachment Yet when these Doctrines were spread every-where he called a meeting of all the Bishops and Divines and Canonists about London where Thomas Bilney and Thomas Arthur were brought before them and Articles were brought in against them The whole process is set down at length by Fox in all Points according to Tonstall's Register except one fault in the Translation When the Cardinal asked Bilney whether he had not taken an Oath before not to preach or defend any of Luthers Doctrines he confessed he had done it but not judicially judicialiter in the Register This Fox Translates not lawfully In all the other particulars there is an exact agreement between the Register and his Acts. The sum of the proceedings of the Court was That after examination of Witnesses and several other steps in the Process which the Cardinal left to the Bishop of London and the other Bishops to manage Bilney stood out long and seemed resolved to suffer for a good Conscience In the end what through human infirmity what through the great importunity of the Bishop of London who set all his Friends on him he did abjure on the 7 th of December as Arthur had done on the 2 d. of that Month. And though Bilney was relapst and so was to expect no mercy by the Law yet the Bishop of London enjoyned him Penance and let him go For Tonstall being a man both of good Learning and an unblemisht life these Vertues produced one of their ordinary effects in him great moderation that was so eminent in him that at no time did he dip his hands in Blood Geoffrey Loni and Thomas Gerard also abjured for having had Luther's Books and defending his Opinions These were the proceedings against Hereticks in the first half of this Reign And thus far I have opened the State of Affairs both as to Religious and Civil concerns for the first 18 years of this Kings time with what Observations I could gather of the dispositions and tempers of the Nation at that time which prepared them for the Changes that followed afterwards The End of the First Book THE HISTORY OF THE REFORMATION OF THE Church of England BOOK II. Of the Process of Divorce between King Henry and Queen Katharine and of what passed from the Nineteenth to the Twenty fifth year of his Reign in which he was declared Supreme Head of the Church of England KING Henry hitherto lived at ease and enjoyed his pleasures he made War with much honour and that always produced a just and advantageous Peace He had no trouble upon him in all his affairs except about the getting of Money and even in that the Cardinal eased him But now a Domestick trouble arose which perplexed all the rest of his Government and drew after it Consequences of a high nature Henry the 7 th upon wise and good considerations resolved to link himself in a close Confederacy with Ferdinand and Isabella Kings of Castile and Arragon and with the House of Burgundy against France which was looked on as the lasting and dangerous Enemy of England And therefore a Match was agreed on between his Son Prince Arthur and Katharine the Infanta of Spain whose eldest Sister Ioan was Married to Philip that was then Duke of Burgundy and Earl of Flanders out of which arose a triple Alliance between England Spain and Burgundy against the King of France who was then become formidable to all about him There was given with her 200000 Duckats the greatest Portion that had been given for many Ages with any Princess which made it not the less acceptable to King Henry the Seventh EFFIGIES CATHARINAE PRINCIPIS ARTHURI VXORIS HENRICO REGI NUPTAE H. Holbeâ—n Pinxit R. White Sculp 1486. Nata 1501. Nov. 14. Arthuro nupsit 1509. Iun. 3. Henrico Regi nupsit 1526. toro exclusa 1533. May. 23 incesti damnata 1536. Ian. 8. obijt Printed for Rich Chiswell at the Rose Crown in St Pauls Church yard The Infanta was brought into England and on the 14th of Nov. was Married at St. Pauls to the Prince of Wales They lived together as man and wife till the 2d of April following and not only had their Bed solemnly blest when they were put in it on the night of their Marriage but also were seen publickly in Bed for several days after and went down to live at Ludlow-Castle in Wales where they still Bedded together But Prince Arthur though a strong and healthful youth when he Married her yet died soon after which some thought was hastened by his too early Marriage The Spanish Ambassador had by his Masters order taken proofs of the Consummation of the Marriage and sent them into Spain the young Prince also himself had by many expressions given his Servants cause to believe that his Marriage was consummated the first night which in a youth of Sixteen years of Age that was vigorous and healthful was not at all judged strange It was so constantly believed that when he dyed his younger Brother Henry Duke of York was not called Prince of Wales for some considerable time Some say for one Month some for 6 Months And he was not created Prince of Wales till 10 Months were elapsed viz. in the February following when it was apparent that his Brothers wife was not with Child by him These things were afterwards looked on as a full Demonstration being as much as the thing was capable of that the Princess was not a Virgin after Prince Arthur's Death But the reason of State still standing for keeping up the Alliance against France and King Henry the 7th having no mind to let so great a Revenue as she had in Jointure be carried out of the Kingdom it was proposed That she should be married to the younger Brother Henry now Prince of Wales The two Prelats that were then in greatest esteem with King Henry the 7th were Warham Arch-Bishop of Canterbury and Fox Bishop of Winchester The former delivered his opinion against it and told the King that he thought it was neither honourable nor well-pleasing to God The Bishop of Winchester perswaded it and for the Objections that were against it and the Murmuring of the people who did not like a Marriage that was disputable lest out of it new Wars should afterwards arise about the Right of the Crown the Popes Dispensation was thought sufficient to answer all and his Authority was then so undisputed that it did it effectually So a Bull was obtained on the 26 of Decemb. 1503 to this effect that the Pope according to the greatness of his Authority having received a Petition from Prince Henry and the Princess Katharine Bearing That whereas the Princess was Lawfully Married to Prince Arthur which was
King intended to Marry her to France the more effectually to seclude her from the Succession considering the aversion his Subjects had to a French Government that so he might more easily settle his Bastard Son the Duke of Richmond in the Succession of the Crown While this Treaty went on the Kings scruples about his Marriage began to take vent It is said that the Cardinal did first infuse them into him and made Longland Bishop of Lincoln that was the Kings Confessor possess the Kings mind with them in Confession If it was so the King had according to the Religion of that time very just cause of Scruple when his Confessor judged his Marriage sinful and the Popes Legate was of the same mind It is also said that the Cardinal being alienated from the Emperor that he might irreparably embroil the King and him and unite the King to the French Interests designed this out of Spite and that he was also dissatisfied toward the Queen who hated him for his lewd and dissolute Life and had oft admonished and check't him for it And that he therefore designing to engage the King to Marry the French Kings Sister the Dutchess of Alenoon did to make way for that set this Matter on foot but as I see no good Authority for all this except the Queens suspitions who did afterwards charge the Cardinal as the cause of all her trouble so I am inclined to think the Kings Scruples were much ancienter for the King declared to Simon Grineus four years after this that for seven years he had abstained from the Queen upon these Scruples so that by that it seems they had been received into the Kings mind three years before this time What were the Kings secret motives and the true grounds of his Aversion to the Queen is only known to God and till the discovery of all Secrets at the day of Judgment must lye hid But the reasons which he always owned of which all Humane Judicatories must only take notice shall be now fully opened He found by the Law of Moses if a man took his Brothers Wife they should die childless This made him reflect on the death of his Children which he now looked on as a Curse from God for that unlawful Marriage Upon this he set himself to Study the case and called for the judgments of the best Divines and Canonists For his own Enquiry Thomas Aquinas being the Writer in whose works he took most pleasure and to whose judgment he submitted most did decide it clearly against him For he both Concluded that the Laws in Leviticus about the forbidden degrees of Marriage were Moral and Eternal such as obliged all Christians and that the Pope could only Dispense with the Laws of the Church but could not Dispense with the Laws of God Upon this reason that no Law can be Dispenced with by any Authority but that which is equal to the Authority that enacted it Therefore he infers that the Pope can indeed Dispence with all the Laws of the Church but not with the Laws of God to whose Authority he could not pretend to be equal But as the King found this from his own private Study so having commanded the Arch-Bishop of Canterbury to require the Opinions of the Bishops of England they all in a Writing under their hands and Seals declared they judged it an unlawful Marriage Only the Bishop of Rochester refused to set his hand to it and though the Arch-Bishop pressed him most earnestly to it yet he persisted in his refusal saying that it was against his Conscience Upon which the Arch-Bishop made another write down his Name and set his Seal to the Resolution of the rest of the Bishops But this being afterwards questioned the Bishop of Rochester denied it was his hand and the Arch-Bishop pretended that he had leave given him by the Bishop to put his hand to it which the other denied Nor was it likely that Fisher who scrupled in Conscience to Subscribe it himself would have consented to such a weak Artifice But all the other Bishops did declare against the Marriage and as the King himself said afterwards in the Legantine Court neither the Cardinal nor the Bishop of Lincoln did first suggest these scruples but the King being possessed with them did in Confession propose them to that Bishop and added that the Cardinal was so far from cherishing them that he did all he could to stiffle them The King was now convinced that his Marriage was unlawful both by his own study and the resolution of his Divines And as the point of Conscience wrought on him so the Interest of the Kingdom required that there should be no doubting about the Succession to the Crown left as the long Civil-War between the Houses of York and Lancaster had been buried with his Father so a new one should rise up at his death The King of Scotland was the next Heir to the Crown after his Daughter And if he Married his Daughter to any out of France then he had reason to judge that the French upon their Ancient Alliance with Scotland and that they might divide and distract England would be ready to assist the King of Scotland in his pretensions Or if he Married her in France then all those in England to whom the French Government was hateful and the Emperour and other Princes to whom the French Power grew formidable would have been as ready to support the pretensions of Scotland Or if he should either set up his Barstard Son or the Children which his Sister bore to Charles Brandon there was still cause to fear a Bloody decision of a Title that was so doubtful And though this may seem a consideration too Politick and Forreign to a matter of that nature yet the obligation that lies on a Prince to provide for the happiness and quiet of his Subjects was so weighty a thing that it might well come in among other Motives to incline the King much to have this matter determined At this time the Cardinal went over into France under colour to conclude a League between the Two Crowns and to Treat about the means of setting the Pope at liberty who was then the Emperours Prisoner at Rome and also for a project of Peace between Francis and the Emperour But his chief business was to require Francis to declare his Resolutions concerning that alternative about the Lady Mary To which it was answered That the Duke of Orleance as a fitter Match in years was the French King's Choice but this matter fell to the ground upon the Process that followed soon aâ—ter The King did much apprehend the opposition the Emperour was like to make to his designs either out of a principle of nature and honour to protect his Aunt or out of a Maxime of State to raise his Enemy all the trouble he could at home But on the other hand he had some cause to hope well even in that
a fuller Commission might be sent to himself with all possible haste since delays might produce great inconveniences If a Legate were named then care must be taken that he should be one who were Learned Indifferent and Tractable and if Campegius could be the man he was the fittest person And when one was named he should make him a decent present and assure him that the King would most liberally recompence all his labour and expence He also required him to press his speedy Dispatch and that the Commission should be full to try and determine wiâ—hout any reservation of the Sentence to be given by the Pope This Dispatch is interlined and amended with the Cardinals own hand But upon the Arrival of the Messenger whom the Secretary had sent with the Commission and Dispensation and the other Packets before mentioned It was debated in the Kings Council whether he should go on in his Process or continue to solicite new Bulls from Rome On the one hand they saw how tedious dangerous and expensive a Process at Rome was like to prove and therefore it seemed the easiest and most expedite way to proceed before the Cardinal in his Legantine Court who should ex officio and in the Summary way of their Court bring it to a speedy Conclusion But on the other hand if the Cardinal gave Sentence and the King should Marry then they were not sure but before that time the Pope might either change his mind or his Interest might turn him another way And the Popes Power was so absolute by the Canon Law that no general Clauses in Commissions to Legates could bind him to confirm their Sentences and if upon the Kings Marrying another Wife the Pope should refuse to confirm it then the King would be in a worse case than he was now in and his Marriage and Issue by it should be still disputable Therefore they thought this was by no means to be adventured on but they should make new Addresses to the Court of Rome In the debate some sharp words fell either from the King or some of his Secular Counsellors Intimating that if the Pope continued under such fears the King must find some other way to set him at ease So it was resolved that Stephen Gardiner commonly called Doctor Stevens the Cardinals chief Secretary and Edward Fox the Kings Almoner should be sent to Rome the one being esteemed the ablest Canonist in England the other one of the best Divines they were Dispatched the 10th of February By them the King wrote to the Pope thanking him that he had expressed such forward and earnest willingness to give him ease and had so kindly promised to gratifie his desires of which he expected now to see the effects He wrote also to the Cardinals his thanks for the chearfulness with which they had in Consistory promised to promote his Sute for which he assured them they should never have cause to Repent But the Cardinal wrote in a strain that shews he was in some fear that if he could not bring about the Kings desires he was like to lose his favour He besought the Pope as lying at his feet that if he thought him a Christian a good Cardinal and not unworthy of that Dignity an useful member of the Apostolick See a Promoter of Justice and Equity or thought him his faithful Creature or that he desired his own eternal Salvation that he would now so far consider his Intercession as to grant kindly and speedily that which the King earnestly desired which if he did not know to be Holy Right and Just he would undergo any hazard or punishment whatsoever rather than promote it but he did aprehend if the King found that the Pope was so overawed by the Emperor as not to grant that which all Christendom judged was grounded both on the Divine and Human Laws both he and other Christian Princes would from thence take occasion to provide themselves of other Remedies and lessen and despise the Authority of the Apostolick See In his Letters to Cassali he expressed a great sense of the Services which the Cardinal Sanctorum Quatuor had done the King and bid him enquire what were the things in which he delighted most whether Furniture Gold plate or Horses that they might make him acceptable presents and assure him that the King would contribute largely towards the carrying on the building of St. Peters in the Vatican The most Important thing about which they were employed was to procure the expediting of a Bull which was formed in England with all the strongest Clauses that could be imagined In the Preamble of which all the Reasons against the validity of the Bull of P. Iulius the 2d were recited and it was also hinted that it was against the Law of God but to lessen that it was added at least where there was not a sufficient Dispensation obtained therefore the Pope to reward the great Services by which the King had obliged the Apostolick See and having regard to the Distractions that might follow on a Disputable Title upon a full Consultation with the Cardinals having also heard the Opinions of Divines and Canonists Deputed for his Legate to concur with the Cardinal of York either together or the one being hindred or unwilling severally And if they found those things that were suggested against the Bull of P. Iulius or any of them well or sufficiently proved then to declare it void and null as surreptitiously procured upon false grounds and thereupon to Annul the Marriage that had followed upon it And to give both Parties full leave to Marry again notwithstanding any Appellation or Protestation the Pope making them his Vicars with full and absolute Power and Authority empowering them also to declare the Issue begotten in the former Marriage good and legitimate if they saw cause for it The Pope binding himself to confirm whatever they should do in that process and never to revoke or repeal what they should Pronounce Declaring also that this Bull should remain in force till the Process were ended and that by no Revocation or Inhibition it should be recalled and if any such were obtained these are all declared void and null and the Legats were to proceed notwithstanding and all ended with a full Non obstante This was judged the uttermost force that could be in a Bull Though the Civilians would scarce allow any validity at all in these extravagant Clauses but the most material thing in this Bull is that it seems the King was not fully resolved to declare his Daughter illegitimate Whether he pretended this to mitigate the Queens or the Emperors opposition or did really intend it is not clear But what he did afterwards in Parliament shews he had this deep in his thoughts though the Queens Carriage did soon after provoke him to pursue his resentments against her Daughter The French King did also joyn a most earnest Letter of his to the Pope
his Ambassadors it is plain that both the King and Queen came in Person into the Court where they both sate with their Council standing about them The Bishops of Rochester and St. Asaph and Doctor Ridley being the Queens Council When the King and Queen were called on the King answered Here but the Queen left her seat and went and kneeled down before him and made a Speech that had all the Insinuations in it to raise pity and compassion in the Court She said She was a poor woman and a stranger in his Dominions where she could neither expect good Council nor indifferent Judges she had been long his Wife and desired to know wherein she had offended him she had been his Wife twenty years and more and had born him several Children and had ever studied to please him and protested he had found her a true Maid about which she appealed to his own Conscience If she had done any thing amiss she was willing to be put away with shame Their Parents were esteemed very wise Princes and no doubt had good Counsellors and Learned men about them when the Match was agreed Therefore she would not submit to the Court nor durst her Lawyers who were his Subjects and assigned by him speak freely for her So she desired to be excused till she heard from Spain That said she rose up and made the King a low Reverence and went out of the Court. And though they called after her she made no answer but went away and would never again appear in Court She being gone the King did publickly Declare what a true and obedient Wife she had always been and commended her much for her excellent Qualities Then the Cardinal of York desired the King would witness whether he had been the first or chief mover of that matter to him since he was suspected to have done it In which the King did vindicate him and said That he had always rather opposed it and protested it arose meerly out of a scruple in his Conscience which was occasioned by the Discourse of the French Ambassador who during the Treaty of a Match between his Daughter and the Duke of Orleance did except to her being Legitimate as begotten in an unlawful Marriage upon which he resolved to try the lawfulness of it both for the quiet of his Conscience and for clearing the Succession of the Crown And if it were found lawful he was very well satisfied to live still with the Queen But upon that he had first moved it in Confession to the Bishop of Lincoln then he had desired the Arch-Bishop of Canterbury to gather the Opinions of the Bishops who did all under their Hands and Seals Declare against the Marriage This the Arch-Bishop confirmed but the Bishop of Rochester denied his Hand was at it And the Arch-Bishop pretended he had his consent to make another write his name to the Judgment of the rest which he positively denied The Court Adjourned to the 25th ordering Letters Monitory to be Issued out for Citing the Queen to appear under pain of Contumacy But on the 25th was brought in her Appeal to the Pope the Original of which is extant every page being both Subscribed and Superscribed by her She excepted both to the Place to the Judges and to her Council in whom she could not confide and therefore appealed and desired her Cause might be heard by the Pope with many things out of the Canon-Law on which she grounded it This being read and she not appearing was Declared Contumax Then the Legates being to proceed ex officio drew up Twelve Articles upon which they were to examine witnesses The substance of them was That Prince Arthur and the King were Brothers that Prince Arthur did Marry the Queen and Consummated the Marriage that upon his death the King by vertue of a Dispensation had Married her that this Marrying his Brothers Wife was forbidden both by Humane and Divine Law and that upon the complaints which the Pope had received he had sent them now to try and judge in it The Kings Council insisted most on Prince Arthur's having Consummated the Marriage and that led them to say many things that seemed indecent of which the Bishop of Rochester complained and said they were things detestable to be heard but Cardinal Wolsey 〈◊〉 him and there passed some sharp words between them The Legates proceeded to the Examination of Witnesses of which I shall say little the substance of their Depositions being fully set down with all their names by the Lord Herbert The sum of what was most material in them was that many violent presumptions appeared by their Testimonies that Prince Arthur did carnally know the Queen And it cannot be imagined how greater proofs could be made 27 years after their Marriage Thus the Court went on several days Examining Witnesses but as the matter was going on to a conclusion there came an Avocation from Rome Of which I shall now give an Account The Queen wrote most earnestly to her Nephews to procure an Avocation protesting she would suffer any thing and even death it self rather than depart from her Marriage that she expected no justice from the Legates and therefore lookt for their assistance that her appeal being admitted by the Pope the Cause might be taken out of the Legates hands Campegio did also give the Pope an account of their Progress and by all means advised an Avocation for by this he thought to excuse himself to the King to oblige the Emperor much and to have the reputation of a man of Conscience The Emperor and his Brother Ferdinand sent their Ambassadors at Rome orders to give the Pope no rest till it were procured and the Emperor said He would look on a Sentence against his Aunt as a dishonour to his Family and would lose all his Kingdoms sooner than endure it And they plied the Pope so warmly that between them and the English Ambassadors he had for some days very little rest To the one he was kind and to the other he resolved to be civil The English Ambassadors met oft with Salviati and studied to perswade him that the Process went not on in England but he told them their Intelligence was so good that whatever they said on that head would not be believed They next suggested that it was visible Campegio's advising an Avocation was only done to preserve himself from the envy of the Sentence and to throw it wholly on the Pope for were the matter once called to Rome the Pope must give Sentence one way or another and so bear the whole burden of it There were also secret surmises of Deposing the Pope if he went so far for seeing that the Emperor prevailed so much by the terrors of that the Cardinal resolved to try what operation such threatnings in the Kings name might have But they had no Armies near the Pope so that big words did only provoke and alienate him
Court of Rome to procure a Breve that Divines or Canonists might without fear or hazard deliver their opinions according to their Consciences requiring them under the pain of Excommunication that they should write nothing for gain or Partial affections but say the pure and simple truth without any artifice as they would answer to God in the great day of Judgment This seemed so fair that it might have been expected the Successor of St. Peter would not deny it yet it was not easily obtained though the King wrote a very earnest Letter to the Bishop of Verona to assist his Minister in procuring it And I find by another Dispatch that the Breve was at length gained not without much opposition made to it by the Emperors Ambassadors For at Rome though they knew not well how to oppose this method because it seem'd so very reasonable yet they had great apprehensions of it because they thought it was designed to force the Pope to determine as the King pleased and they abhorred the President that a company of poor Friars should Dictate to them in matters of this nature Crook reports out of a Letter of Cranmers to him from Rome these words As for our Successes here they be very little nor dare we attempt to know any mans mind because of the Pope nor is he content with what you have done and he says no Friars shall discuss his Power and as for any favour in this Court I look for none but to have the Pope with all his Cardinals declare against us But Crook as he went up and down procuring hands told these he came to he desired they would write their Conclusions according to Learning and Conscience without any respect or favour as they would answer it at the last day and Protested he never gave nor promised any Divine any thing till he had first freely written his mind and that what he then gave was rather an honourable Present than a Reward And in another Letter to the King he writes Upon pain of my head if the contrary be proved I never gave any man one half-penny before I had his Conclusion to your Highness without former Prayer or Promise of reward for the same From whence it appears that he not only had no orders from the King to corrupt Divines but that his orders were express to the contrary As for the Money he gave the Reader will be best able to judge by the following account whether it was such as could work much on any man There is an Original Bill of his accounts yet extant audited and signed by Peter a Ghinuâ—iis out of which I have extracted these particulars Item To a Servite Friar when he subscribed one Crown To a Iew one Crown To the Doctors of the Servites two Crowns To the Observant Friars two Crowns To the Prior of St. John and St. Pauls who wrote for the Kings Cause fifteen Crowns To that Convent four Crowns Item Given to John Maria for his expence of going to Milan from Venice and for rewarding the Doctors there thirty Crowns Item To John Marino Minister of the Franciscans who wrote a Book for the Kings cause Twenty Crowns This shews that they must have had very prostituted Consciences if they could be hired so cheap It is true Crook in many of his Letters says That if he had Money enough he did not doubt but he should get the hands of all the Divines in Italy for he found the greatest part of them all Mercenary But the Bishop of Worcester in his Letters to him ordered him only to promise rewards to those who expected them and lived by them that is to the Canonists who did not use to give their opinion without a fee. But at the same time the Emperor did reward and fee Divines at another rate for Crook informed the King that one Friar Felix having written for the validity of the Marriage against the King there was a Benefice of 500 Ducats a year given him in reward And the Emperors Ambassador offered a thousand Ducats to the Provincial of the Gray-friars in Venice if he would Inhibite all within his Province to write or subscribe for the Kings cause But the Provincial refused it and said he neither could nor yet would do it And another that wrote for the Queen had a Benefice of 600 Crowns So that it was openly said at Ferrara that they who wrote for the King had but a few Crowns a-piece but they who wrote on the other side had good Benefices They also tryed what could be done at Padua both by threatnings entreaties and rewards to induce them to reverse the determination they had made in the matter but with no success And though Francis Georgius the Venetian Friar did greatly promote the Kings cause both by his writings and authority yet Crook wrote that he could not prevail to make either him or his Nephew accept one farthing of him By such fair means it was that Crook procured so many Subscriptions First of particular Divines many Franciscans Dominicans and Servites set their hands to the Conclusions though even in that there was opposition made by the Popes Agents Campegio was now engaged in the Emperors Faction and did every-where mis-represent the Kings cause Being at Venice he so wrought on the Minister of the Franciscans that though he had declared for the King and engaged to bring the hands of 24 Doctors and Learned men of his Order for it and had received a small Present of ten Crowns yet aâ—ter he had kept the Money three weeks he sent it back and said he would not meddle more in it But they procured most of these hands without his help At Milan a Suffragan Bishop and sixteen Divines Subscribed Nine Doctors Subscribed at Vincenza but the Pope's Nuntio took the writing out of his hands that had it and suppressed it At Padua all the Franciscans both Observants and Conventuals Subscribed and so did the Dominicans and all the Canonists and though the Popes and Emperor's Emissaries did threaten all that Subscribed yet there were got eighty hands at Padua Next the Universities determined At Bononia though it was the Popes Town many Subscribed The Governour of the Town did at first oppose the granting of any Determination but the Popes Breve being brought thither he not without great difficulty gave way to it So on the 19th of Iune the matter being publickly debated and all Cajetans Arguments being examined who was of Opinion That the Laws of Marriage in Leviticus did not bind the Christian Church they determined That thâ—se Laws are still in force and that they bind all both Christians and Infidels being parts of the Law of Nature as well as of the Law of God and that therefore they judged Marriages in these degrees unlawful and that the Pope had no Authority to dispence with them The University of Padua after
some days publick Dispute on the 1st of Iuly determined to the same purpose about which Crooks Letter will be found among the Instruments at the end of this Book At Ferrara the Divines did also confirm the same conclusion and sâ—t their Seal to it but it was taken away violently by some of the other Faction yet the Duke made it be restored The profession of the Canon-Law was then in great credit there and in a Congregation of 72 of that proâ—ession it was determined for the King but they asked 150 Crowns foâ— setting the Seal to it and Crook would not give more than an hundred the next day he came and offered the Money but then it was told him they would not meddle in it and he could not afterwards obtain it In all Crook sent over by Stokesley an hundred several Books Papers and Subscriptions and there were many hands subscribed to many of those Papers But it seems Crook died before he could receive a reward of this great Service he did the King for I do not find him mentioned after this I hope the Reader will forgive my insisting so much on this Negotiation for it seemed necessary to give full and convincing Evidences of the sincerity of the Kings proceedings in it since it is so confidently given out that these were but mercenary Subscriptions What difficulties or opposition those who were employed in France found does not yet appear to me but the Seals of the chief Universities there were procured The University of Orleance determined it on the 7th of April The faculty of the Canon-Law at Paris did also conclude that the Pope had no Power to dispence in that Case on the 25th of May. But the great and celebrated faculty of the Sorbon whose Conclusions had been lookt on for some Ages as little inferiour to the Decrees of Councils made their Decision with all possible Solemnity and Decency They first met at the Church of St. Mathurin where there was a Mass of the H. Ghost and every one took an Oath to study the Question and resolve it according to his Conscience and from the 8th of Iune to the 2d of Iuly they continued searching the matter with all possible diligence both out of the Scriptures the Fathers and the Councils and had many Disputes about it After which the greater part of the Faculty did Determine That the King of Englands Marriage was unlawful and that the Pope had no Power to dispence in it and they set their common Seal to it at St. Mathurin's the 2d of Iuly 1530. To the same purpose did both the Faculties of Law Civil and Canon at Angiers Determine the 7th of May. On the 10th of Iune the Faculty of Divinity at Bourges made the same Determination And on the 1st of October the whole University of Tholose did all with one consent give their judgment agreeing with the former Conclusions More of the Decisions of Universities were not Printed though many more were obtained to the same effect In Germany Spain and Flanders the Emperors Authority was so great that much could not be expected except from the Lutherans with whom Cranmer conversed and chiefly with Osiander whose Neece he then Married Osiander upon that wrote a Book about Incestuous Marriages which was published but was called in by a Prohibition Printed at Ausburg because it Determined in the Kings cause and on his side But now I find the King did likewise deal among those in Switzerland that had set up the Reformation The Duke of Suffolk did most set him on to this so one who was imployed in that time writes for he often asked him how he could so humble himself as to submit his Cause to such a vile vitious stranger Priest as Campegio was To which the King answered He could give no other reason but that it seemed to him Spiritual men should judge Spiritual things yet he said he would search the matter further but he had no great mind to seem more curious than other Princes But the Duke desired him to discuss the matter secretly amongst Learned men to which he consented and wrote to some Forreign Writers that were then in great estimation Erasmus was much in his favour but he would not appear in it He had no mind to provoke the Emperor and live uneasily in his own Country But Simon Grineus was sent for whom the King esteemed much for his Learning The King informed him about his Process and sent him back to Basil to try what his Friends in Germany and Switzerland thought of it He wrote about it to Bucer Oecolampadius Zuinglius and Paulus Phrygion Oecolampadius as it appears by three Letters one dated the 10th of August 1531. another the last of the same Month another to Bucer the 10th of September was positively of Opinion That the Law in Leviticus did bind all mankind and says That Law of a Brothers Marrying his Sister-in-Law was a Dispensation given by God to his own Law which belonged only to the Jews and therefore he thought that the King might without any scruple put away the Queen But Bucer was of another mind and thought the Law in Leviticus did not bind and could not be Moral because God had dispensed with it in one Case of raising up seed to his Brother Therefore he thought these Laws belonged only to that Dispensation and did no more bind Christians than the other Ceremonial or Judiciary Precepts and that to Marry in some of these Degrees was no more a sin than it was a sin in the Disciples to pluck Ears of Corn on the Sabbath-day There are none of Bucers Letters remaining on this Head but by the answers that Grineus wrote to him one on the 29th of August another of the 10th of September I gather his Opinion and the reasons for it But they all agreed That the Popes Dispensation was of no force to alter the nature of the thing Paulus Phrygion was of Opinion That the Laws in Leviticus did bind all Nations because it is said in the Text That the Canaanites were punished for doing contrary to them which did not consist with the Iustice of God if those Prohibitions had not been parts of the Law of Nature Dated Basil the 10th of September In Grineus's Letter to Bucer he tells him that the King had said to him That now for seven years he had perpetual trouble upon him about this Marriage Zuinglius Letter is very full First he largely proves that neither the Pope nor any other Power could dispence with the Law of God Then that the Apostles had made no new Laws about Marriage but had left it as they found it That the Marrying within near degrees was hated by the Greeks and other Heathen Nations But whereas Grineus seemed to be of opinion that though the Marriage was ill made yet it ought not to be dissolved and inclined rather to advise that the King should take
Cardinal A King of France desired a Dispensation to Marry his Wives Sister The matter was long considered of and debated in the Rota himself being there and bearing a share in the Debate but it was concluded That if any Pope either out of Ignorance or being Corrupted had ever granted such a Dispensation that could be no president or warrant for doing the like any more since the Church ought to be governed by Laws and not by such Examples Antonin and Ioannes de Tabia held the same And one Bacon an English-man who had taught the contrary was censured for it even at Rome and he did retract his Opinion and acknowledged that the Pope could not dispence with the Degrees of Marriage forbidden by the Law of God The Canonists agree also to this both Ioannes Andreas Ioannes de Imola and Abbas Panormitanus assert it saying That the Precepts in Leviticus oblige for ever and therefore cannot be dispenced with And Panormitan says These things are to be observed in Practice because great Princes do often desire Dispensations from Popes Pope Alexander the 3d. would not suffer a Citizen of Pavia to Marry his younger Son to the Widow of his eldest Son though he had Sworn to do it For the Pope said it was against the Law of God therefore it might not be done and he was to repent of his unlawful Oath And for the Power of dispencing even with the Laws of the Church by Popes it was brought in in the latter Ages All the Fathers with one consent believed That the Laws of God could not be dispenced with by the Church for which many places were cited out of St. Cyprian Basil Ambrose Isidore Bernard and Urban Fabian Marcellus and Innocent that were Popes besides an infinite number of latter Writers And also the Popes Zosimus Damasus Leo and Hilarius did freely acknowledge they could not change the Decrees of the Church nor go against the Opinions or Practices of the Fathers And since the Apostles confessed they could do nothing against the truth but for the truth the Pope being Christs Vicar cannot be supposed to have so great a Power as to abrogate the Law of God and though it is acknowledged that he is Vested with a fulness of Power yet the phrase must be restrained to the matter of it which is the Pastoral care of Souls And though there was no Court Superiour to the Popes yet as St. Paul had withstood St. Peter to his face so in all Ages upon several occasions holy Bishops have refused to comply with or submit to Orders sent from Rome when they thought the matter of them unlawful Laurence that Succeeded Austin the Monk in the See of Canterbury having Excommunicated King Edbald for an Incestuous Marriage would not Absolve him till he put away his Wife though the Pope plied him earnestly both by Intreaties and Threatnings to let it alone and Absolve him Dunstan did the like to Count Edwin for an other Incestuous Marriage nor did all the Popes Interposition make him give over They found many other such instances which occurred in the Ecclesiastical History of Bishops proceeding by Censures and other Methods to stop the course of Sin notwithstanding any encouragement the Parties had from Popes And it is certain that every man when he finds himself engaged in any course which is clearly sinful ought presently to forsake it according to the opinion of all Divines And therefore the King upon these Evidences of the unlawfulness of his Marriage ought to abstain from the Queen and the Arch-Bishop of Canterbury with the other Bishops ought to require him to do it otherwise they must proceed to Church Censures Many things were also brought from reason or at least the Maximes of the School Philosophy which passed for true reason in those days to prove Marriage in the degrees forbidden by Moses to be contrary to the Law of Nature and much was alledged out of Profane Authors to show what an abhorrency some Heathen Nations had of Incestuous Marriages And whereas the chief strength of the Arguments for the contrary opinion rested in this That these Laws of Moses were not confirmed by Christ or his Apostles in the New Testament To that they answered That if the Laws about Marriage were Moral as had been proved then there was no need of a particular Confirmation since those Words of our Saviour I came not to destroy the Law but to fulfil it do confirm the whole Moral Law Christ had also expresly asserted the Relation of Affinity saying That man and wife are one Flesh. St. Paul also condemned a Match as Incestuous for Affinity But though it were not expresly set down in the Gospel yet the Traditions of the Church are received with equal Authority to written Verities This the Court of Rome and all the Learned Writers for the Catholick Faith lay down as a Fundamental Truth And without it how could the Seven Sacraments some of which are not mentioned in the New Testament with many other Articles of Catholick Belief be maintained against the Hereticks The Tradition of the Church being so full and formal in this particular must take place And if any Corruptions have been brought in by some Popes within an Age or two which have never had any other Authority from the Decrees of the Church or the Opinions of Learned men they are not to be maintained in opposition to the Evidence that is brought on the other side This I have summed up in as short and Comprehensive words as I could Being the Substance of what I gathered out of the Printed Books and Manuscripts for the Kings cause But the Fidelity of an Historian leads me next to open the arguments that were brought against it by those who wrote on the other side for the Queens cause to prove the validity of the Marriage and the Popes Power of Dispensing with a Marriage in that degree of Affinity I could never by all the search I have made see either MSS. or Printed Books that defended their Cause except Cajetans and Victorias Books that are Printed in their works But from an answer that was written to the Bishop of Rochesters Book and from some other writings on the other side I gather the Substance of their arguments to have been what follows Cardinal Cajetan had by many arguments endeavored to prove that the Prohibitions in Leviticus were not parts of the Moral Law They were not observed before the Law no not by the holy seed Adams Children Married one another Abraham Married his Sister Iacob Married two Sisters Iudah gave his two Sons to Tamar and promised to give her the third for her Husband By the Law of Moses a Dispensation was granted in one case for Marrying the Brothers wife which shows the Law was not Moral otherwise it could not be dispenced with and if Moses dispensed with it why might not the Pope as well do it nor was there any force in the
not then just cause to distrust all that came from him when at one time he condemned what he had allowed at another So that the King saw clearly he did not Consider the ease of his Conscience but other worldly respects that had put him on Consulting so many Learned men whose judgments differed much from those few that were about the Pope who thought the Prohibition of such Marriages was onely positive and might be dispensed with by the Pope whereas all other Learned men thought the Law was Moral and indispensable He perceived the Apostolick See was destitute of that Learning by which it should be directed and the Pope had oft professed his own Ignorance and that he spake by other mens mouths but many Universities in England France and Italy had declared the Marriage unlawful and the Dispensation null None honoured the Apostolick See more than he had done and therefore he was sorry to write such things if he could have been silent If he should obey the Popes Letters he would offend God and his own Conscience and give scandal to those who condemned his Marriage he did not willingly dissent from him without a very urgent cause that he might not seem to despise the Apostolick See therefore he desired the Pope would forgive the freedom that he used since it was the Truth that drew it from him And he added that he intended not to Impugn the Popes Authority further except he compelled him and what he did was only to bring it within its first and Ancient Limits to which it was better to reduce it than to let it always run on headlong and do amiss therefore he desired the Pope would Conform himself to the opinions of so many Learned men and do his Duty and Office The Letter ends with a Credence to the Ambassador The Pope seeing his Authority was declining in England resolved now to do all he could to recover it either by force or Treaty and so ordered a Citation to be made of the King to appear in Person or by Proxie at Rome to answer to the Queens appeal upon which Sir Edward Karne was sent to Rome with a new Character of Excusatour His Instructions were to take the best Counsel for pleading an Excuse of the Kings appearance at Rome First upon the grounds that might be found in the Canon Law and these not being sufficient he was to Insist on the Prerogatives of the Crown of England Doctor Bonner went with him who had expressed much zeal in the Kings cause though his great zeal was for Preferment which by the most servile ways he always Courted He was a forward bold man and since there were many Threatnings to be used to the Pope and Cardinals he was thought fittest for the employment but was neither Learned nor discreet They came to Rome in March where they found great heats in the Consistory about the Kings business The Imperialists pressed the Pope to proceed but all the wise and indifferent Cardinals were of another mind And when they understood what an Act was passed about Annates they saw clearly that the Parliament was resolved to adhere to the King in every thing he intended to do against their Interests The Pope expostulated with the Ambassadors about it but they told him the Act was still in the Kings Power and except he provoked him he did not intend to put it in execution The Ambassadors finding the Cardinal of Ravenna of so great reputation both for Learning and Vertue that in all matters of that kind his opinion was heard as an Oracle and gave Law to the whole Consistory they resolved to gain him by all means possible And Doctor Bennet made a secret address to him and offered him what Bishoprick either in France or England he would desire if he would bring the Kings matter to a good issue He was at first very shie at length he said he had been oft deceived by many Princes who had made him great Promises but when their business was ended never thought of performing them therefore he would be sure and so drave a Bargain and got under Doctor Bennets hand a promise of which a Copy being sent to the King written by Bennet himself will be found at the end of this Volume Bearing that he having Powers from the King for that effect dated the 29th of December last did promise the Cardinal for his help in the Kings affair Monasteries or other Benefices in France to the value of 6000 Ducates a year and the first Bishoprick that fell vacant in England and if it were not Ely that when ever that See was vacant upon his resigning the other he should be provided with the Bishoprick of Ely dated at Rome the 7th of February 1532. This I set down as one of the most Considerable Arguments that could be used to satisfie the Cardinals Conscience about the justice of the Kings cause This Cardinal was the fittest to work secretly for the King for he had appeared visible against him I find also by other Letters that both the Cardinals of Anâ—ona and Monte afterwards Pope Iulius the 3d were prevailed with by arguments of the same nature though I cannot find cut what the Bargains were Providellus that was accounted the greatest Canonist in Italy was brought from Bononia and entertained by the Ambassadors to give Counsel in the Kings cause and to plead his Excuse from appearing at Rome The plea was summed up in 28 Articles which were offered to the Pope and he admitted them to be examined in the Consistory appointing three of them to be opened at a Session But the Imperialists opposed that and after fifteen of them had been heard procured a new order that they should be heard in a Congregation of Cardinals before the Pope pretending that a Consistory sitting but once a week and having a great deal of other Business it would be long before the matter could be brought to any issue So Karne was served with a new order to appear in the Congregation the 3d. of April with this Certification That if he appeared not they would proceed Upon which he protested that he would adhere to the former Order yet being warned the second time he went first and protested against it which he got entered in the Datary This being considered in the Congregation they renewed the Order ofhearing it in the Consistory on the 10th of April and then Providellus opened three Conclusions Two of them related to Karne's Powers the third was concerning the Safety of the place to both parties But the Imperialists and the Queens Council being dissatisfied with this Order would not appear Upon which Karne complained of their Contumacy and said By that it was visible they were distrustful of their Cause On the 14th of April a new intimation was made to Karne to appear on the 17th with his Advocates to open all the rest of the Conclusions but he according to the first Order would onely plead
and Aldermen of London She said She was come to die as she was Judged by the Law she would accuse none nor say any thing of the ground upon which she was judged She prayed heartily for the King and called him a most merciful and gentle Prince and that he had been always to her a good gentle Soveraign Lord and if any would meddle with her cause she required them to judge the best And so she took her leave of them and of the world and heartily desired they would pray for her After she had been some time in her Devotions being her last words To Christ I commend my Soul her Head was cut off by the Hangman of Calais who was brought over as more expert at Beheading than any in England her Eyes and Lips were observed to move after her Head was cut off as Spelman writes but her Body was thrown into a common Chest of Elme-tree that was made to put Arrows in and was buried in the Chappel within the Tower before twelve a Clock Her Brother with the other four did also suffer none of them were Quartered but they were all Beheaded except Smeton who was Hanged It was generally said that he was corrupted into that Confession and had his Life promised him but it was not fit to let him live to tell Tales Norris had been much in the Kings favour and an offer was made him of his life if he would confess his guilt and accuse the Queen But he generously rejected that un-handsome proposition and said That in his Conscience he thought her Innocent of these things laid to her charge but whether she was or not he would not accuse her of any thing and he would die a thousand times rather than ruin an Innocent Person These proceedings occasioned as great variety of Censures as there were diversity of Interests The Popish Party said the justice of God was visible that she who had supplanted Queen Katharine met with the like and harder measure by the same means Some took notice of her faint justifying her self on the Scaffold as if her Conscience had then prevailed so far that she could no longer deny a thing for which she was so soon to answer at another Tribunal But others thought her care of her Daughter made her speak so tenderly for she had observed that Queen Katharines obstinacy had drawn the Kings indignation on her Daughter and therefore that she alone might bear her misfortunes and derive no share of them on her Daughter she spake in a stile that could give the King no just offence And as she said enough to justifie her self so she said as much for the Kings honour as could be expected Yet in a Letter that she wrote to the King from the Tower which will be found in the Collection she pleaded her Innocence in a strain of so much Wit and moving passionate Eloquence as perhaps can scarce be paralelled certainly her spirits were much exalted when she wrote it for it is a pitch above her ordinary stile Yet the Copy I take it from lying among Cromwells other papers makes me believe it was truely written by her Her carriage seemed too free and all people thought that some freedoms and levities in her had encouraged those unfortunate persons to speak such bold things to her since few attempt upon the Chastity or make declarations of Love to persons of so exalted a quality except they see some invitations at least in their carriage Others thought that a free and jovial temper might with great Innocence though with no discretion lead one to all those things that were proved against her and therefore they concluded her chast though indiscreet Others blamed the King and taxed his cruelty in proceeding so severely against a person whose Chastity he had reason to be assured of since she had resisted his addresses near five years till he Legitimated them by Marriage But others excused him It is certain her carriage had given just cause of some jealousie and that being the rage of a man it was no wonder if a King of his temper conceiving it against one whom he had so signally obliged was transported into unjustifiable excesses Others condemned Cranmer as a man that obsequiously followed all the Kings appetites and that he had now Divorced the King a second time which shewed that his Conscience was governed by the Kings pleasure as his Supreme Law But what he did was unavoidable For whatever motives drew from her the Confession of that Precontract he was obliged to give Sentence upon it And that which she confessed being such as made her incapable to contract Marriage with the King he could not decline the giving of Sentence upon so formal a Confession Some loaded all that favoured the Reformation and said It now appeared what a woman their great Patroness and Supporter had been But to those it was answered That her faults if true being secret could cast no reflection on those who being ignorant of them made use of her Protection And the Church of Rome thought not their Cause suffered by the enraged Cruelty and Ambition of the cursed Irene who had convened the second Council of Nice and set up the worship of Images again in the East whom the Popes continued to court and magnifie after her barbarous murder of her Son with other acts of unsatiated spite and ambition Therefore they had no reason to think the worse of persons for claiming the Protection of a Queen whose faults if she was at all criminal were unknown to them when they made use of her Some have since that time concluded it a great evidence of her Guilt that during her Daughters long and glorious Reign there was no full nor compleat vindication of her published For the Writers of that time thought it enough to speak honourably of her and in general to call her Innocent But none of them ever attempted a clear discussion of the particulars laid to her charge This had been much to her Daughters honour and therefore since it was not done others concluded it could not be done and that their knowledge of her guilt restrained their Pens But others do not at all allow of that Inference and think rather that it was the great wisdom of that time not to suffer such things to be called in question since no wise Government will admit of a debate about the clearness of the Princes Title For the very attempting to prove it weakens it more than any of the proofs that are brought can confirm it therefore it was prudently done of that Queen and her great Ministers never to suffer any Vindication or Apology to be written Some indiscretions could not be denied and these would all have been catched hold of and improved by the busie Emissaries of Rome and Spain But nothing did more evidently discover the secret cause of this Queens ruin than the Kings Marrying Iane Seimour the day after her Execution She of all King Henries
pleasure Item If the said Commissioners have but one County in charge then to certifie the said Chancellor in form aforesaid and there to remain till they know further of the King's pleasure VII Injunctions given by the Authority of the King's Highness to the Clergy of this Realm IN the Name of God Amen In the Year of our Lord God one thousand five hundred thirty six and of the most noble Reign of our Sovereign Lord Henry the Eighth King of England and France the 28 Year and the day of I Thomas Cromwel Knight Lord Cromwel Keeper of the Privy-Seal of our said Sovereign Lord the King and Vicegerent unto the same for and concerning all his Jurisdictions Ecclesiastical within the Realm visiting by the King's Highness's Supream Authority Ecclesiastical the People and Clergy of this Deanery of by my trusty Commissary lawfully deputed and constitute for this part have to the glory of Almighty God to the King's Highness's honour the publick Weal of this his Realm and encrease of Vertue in the same appointed and assigned these Injunctions ensuing to be kept and observed of the Dean Parsons Vicars Curates and Stipendaries resiant or having cure of Soul or any other Spiritual Administrations within this Deanery under the pains hereafter limited and appointed The first is That the Dean Parsons Vicars and other having cure of Soul any-where within this Deanery shall faithfully keep and observe and as far as in them may lie shall cause to be observed and kept of other all and singular Laws and Statutes of this Realm made for the abolishing and extirpation of the Bishop of Rome's pretensed and usurped Power and Jurisdiction within this Realm And for the establishment and confirmation of the King's Authority and Jurisdiction of the same as of the Supream Head of the Church of England and shall to the uttermost of their Wit Knowledg and Learning purely sincerely and without any colour or dissimulation declare manifest and open for the space of one quarter of a year next ensuing once every Sunday and after that at the least-wise twice every quarter in their Sermons and other Collations that the Bishop of Rome's usurped Power and Jurisdiction having no establishment nor ground by the Law of God was of most just causes taken away and abolished and therefore they owe unto him no manner of obedience or subjection and that the King's Power is within his Dominion the highest Power and Potentate under God to whom all Men within the same Dominions by God's Commandment owe most loyalty and obedience afore and above all other Powers and Potentates in Earth Item Whereas certain Articles were lately devised and put forth by the King's Highness's Authority and condescended upon by the Prelates and Clergy of this his Realm in Convocation whereof part are necessary to be holden and believed for our Salvation and the other part do concern and teach certain laudable Ceremonies Rites and Usages of the Church meet and convenient to be kept and used for a decent and politick order in the same the said Dean Parsons Vicars and other Curats shall so open and declare in their said Sermons and other Collations the said Articles unto them that be under their Cure that they may plainly know and discern which of them be necessary to be believed and observed for their Salvation and which be not necessary but only do concern the decent and politick order of the said Church according to such Commandment and Admonition as hath been given unto them heretofore by Authority of the King's Highness in thaâ— behalf Moreover That they shall declare unto all such as be under their Cure the Articles likewise devised put forth and authorized of late for and concerning the abrogation of certain superfluous Holy-days according to the effect and purport of the same Articles and perswade their Parishioners to keep and observe the same inviolable as things honesty provided decreed and established by common consent and publick Authority for the Weal Commodity and Profit of all this Realm Besides this to the intent that all Superstition and Hypocrisie crept into divers Mens hearts may vanish away they shall not set forth or extol any Images Reliques or Miracles for any superstition or lucre nor allure the People by any inticements to the pilgrimages of any Saint otherwise than is permitted in the Articles lately put forth by the Authority of the King's Majesty and condescended upon by the Prelates and Clergy of this his Realm in Convocation as though it were proper or peculiar to that Saint to give this Commodity or that seeing all Goodness Health and Grace ought to be both asked and looked for only of God as of the very Author of the same and of none other for without him it cannot be given But they shall exhort as well their Parishioners as other Pilgrims that they do rather apply themselves to the keeping of God's Commandments and fulfilling of his Works of Charity perswading them that they shall please God more by the true exercising of their bodily Labour Travail or Occupation and providing for their Families than if they went about to the said Pilgrimages and that it shall profit more their Souls health if they do bestow that on the Poor and Needy which they would have bestowed upon the said Images or Reliques Also in the same their Sermons and other Collations the Parsons Vicars and other Curats aforesaid shall diligently admonish the Fathers and Mothers Masters and Governors of Youth being within their Cure to teach or cause to be taught their Children and Servants even from their Infancy their Pater Noster the Articles of our Faith and the Ten Commandments in their Mother Tongue And the same so taught shall cause the said Youth oft to repeat and understand And to the intent that this may be the more easily done the said Curats shall in their Sermons deliberately and plainly recite of the said Pater Noster the Articles of our Faith and the Ten Commandments one Clause or Article one day and an other another day till those be taught and learnt by little and shall deliver the same in writing or shew where printed Books containing the same be to be sold to them that can read or will desire the same And thereto that the said Fathers and Mothers Masters and Governors do bestow their Children and Servants even from their Childhood either to Learning or some other honest Exercise Occupation or Husbandry exhorting counselling and by all the ways and means they may as well in their said Sermons and Collations as otherwise perswading the said Fathers Mothers Masters and other Governors being under their Cure and Charge diligently to provide and foresee that the said Youth be in no manner-wise kept or brought up in idleness lest at any time afterwards they be driven for lack of some Mystery or Occupation to live by to fall to begging stealing or some other unthriftiness forasmuch as we may daily see through sloth and
Witness what I said unto him after your Grace came from Rochester yea and after your Grace's Marriage And also now of late sithence Whitsuntide and I doubt not but many and divers of my Lords of your Council both before your Marriage and sithence have right-well perceived that your Majesty hath not been well pleased with your Marriage And as I shall answer to God I never thought your Grace content after you had once seen her at Rochester And this is all that I know most gracious and most merciful Sovereign Lord beseeching Almighty God who ever hath in all your Causes counselled preserved opened maintained relieved and defended your Highness So he will now vouchsafe to counsel you preserve you maintain you remedy you relieve and defend you as may be most to your Honour with Prosperity Health and Comfort of your Hearts desire For the which and for the long Life and prosperous Reign of your most Royal Majesty I shall during my Life and whiles I am here pray to Almighty God that he of his most abundant Goodness will help aid and comfort you after your continuance of Nestor's Years that that most noble Imp the Princes Grace your most dear Son may succeed you to Reign long prosperously and feliciously to God's pleasure beseeching most humbly your Grace to pardon this my rude writing and to consider that I a most woful Prisoner ready to take the Death when it shall please God and your Majesty and yet the frail flesh inciteth me continually to call to your Grace for Mercy and Grace for mine Offences and thus Christ save preserve and keep you Written at the Tower this Wednesday the last of Iune with the heavy Heart and trembling hand of your Highness's most heavy and most miserable Prisoner and poor Slave Thomas Cromwell Most Gracious Prince I cry for Mercy Mercy Mercy XVIII The King 's own Declaration concerning it An Original FIrst I depose and declare That this hereafter written is meerly the verity intended upon none sinister affection nor yet upon none hatred nor displeasure and herein I take God to witness Now to the Matter I say and affirm That when the first communication was had with me for the Marriage of the Lady Ann of Cleves I was glad to hearken to it trusting to have some assured Friend by it I much doubting that time both the Emperor France and the Bishop of Rome and also because I heard so much both of her excellent Beauty and vertuous Conditions But when I saw her at Rochester the first time that ever I saw her it rejoiced my heart that I had kept me free from making any Pact or Bond before with her till I saw her my self for then I adsure you I liked her so ill and so far contrary to that she was praised that I was woe that ever she came into England and deliberated with my self that if it were possible to find means to break off I would never enter Yoke with her Of which misliking both the great Master the Admiral that now is and the Master of the Horses can and will here record Then after my repair to Greenwich the next day after I think and doubt not but that the Lord of Essex well examined can and will or hath declared what I then said to him in that case not doubting but since he is a Person which knoweth himself condemned to die by Act of Parliament will not damn his Soul but truly declare the Truth not only at that time spoken by me but also continually till the day of Marriage and also many times after whereby my lack of consent I doubt not doth or shall well appear And also lack enough of the Will and Power to consummate the same wherein both he my Physicians the Lord Privy Seal that now is Hennage and Denny can and I doubt not will testify according to truth which is That I never for love to the Woman consented to marry nor yet if she brought Maiden-head with her took any from her by true Carnal Copulation This is my brief true and perfect Declaration XIX The Iudgment of the Convocation for annulling of the Marriage with Ann of Cleve TEnor vero Literarum Testimonialum hujusmodi sequitur est talis Excellentissimo in Christo Principi c. Thomas Cantuarien Edwardus Eboracen Archiepiscopi caeterique Episcopi reliquus vestri Regni Angliae clerus Autoritate Literarum Commissionalium Vestrae Majestatis Congregati ac Synodum universalem repraesentantes cum obsequio reverentia honore debitis salutem foelicitatem Cum nos humillimi Majestatis Vestrae devotissimi subditi Convocati Congregati sumus virtute Commissionis Vestrae magno sigillo Vestro sigillat dat 6 Julii Anno foelicissimi Regni Vestri tricesimo secundo quam accepimus in haec quae sequitur verba Henricus Octavus Dei Gratia Angliae c. Archiepiscopis Cantuarien Eborac ac caeteris Regni nostri Angliae Episcopis Decanis Archidiaconis universo Clero salutem Egerunt apud nos Regni nostri proceres populus ut cum nuper quaedam emerserint quae ut illi putant ad nos Regnique nostri successionem pertineant inter quae praecipua est causa conditio Matrimonii quod cum Illustri Nobili Foemina Domina Anna Clevensi propter externam quidem conjugii speciem perplexum alioqui etiam multis ac variis modis ambiguum videtur Nos ad ejusdem Matrimonii disquisitionem ita procedere dignaremur ut opinionem Vestram qui in Ecclesia nostra Anglicana scientiam Verbi Dei Doctrinam profitemini exquiramus vobisque discutiendum Autoritatem ita demandemus ut si animis Vestris fuerit persuasum Matrimonium cum praefata Domina Anna minime consistere aut cohaerere debere nos ad Matrimonium contrahend cum alia liberos esse Vestro Patrum ac reliquae deinde Ecclesiae suffragio pronuncietur confirmetur Nos autem qui Vestrum in reliquis Ecclesiae hujus Anglicanae negotiis gravioribus quae Ecclesiasticam Oeconomiam Religionem spectant judicium amplecti solemus ad veritatis explicandae testimonium omnino necessarium rati sumus Causae hujusmodi Matrimonialis seriem circumstantias vobis exponi communicari curare ut quod vos per Dei Leges licere decreveritis id demum totius Ecclesiae nostrae Autoritate innixi licite facere exequi audeamus Vos itaque Convocari in Synodum Universalem nostra Autoritate convenire volentes vobis conjunctim divisim committimus atque mandamus ut inspecta hujus negotii veritate ac solum Deum prae oculis habentes quod verum quod justum quod honestum quod sanctum est id nobis de communi Concilio scripto annuncio renuncietis de communi consensu licere definiatis Nempe hoc unum a vobis nostro jure postulamus ut tanquam fida proba Ecclesiae membra causae huic
upon which he tells a long formal Story for two pages That it was resolved to draw Fisher into it to swear Obedience to the King in all Ecclesiastical Causes with that exception as far as is lawful according to the Word of God which he did and perswaded others to do it and upon this Cranmer taking the New Oath went and pronounced judgment for Divorce There is not one tittle of this true for there was no Oath sworn about the King's Supremacy at this time The Story of Fisher is that which was done by the Convocation two years before Cranmers preferment nor was there any Oath taken then or at this time It is true two years after this Gardiner Stokesley and many other Bishops did of their own accord take such an Oath but there was no Law for it till the 28 th year of the King's Reign 57. He says One Richard Risey or Rouse according to the Records was hired by Ann Boleyn to poison Fisher. Rouse was boiled alive for poisoning the Bishop's Family but did not discover any that set him on it Which none can think but he would have done if the Queen had hired him to it and had then deserted him to perish in so horrid a manner 58. He says Cranmer being by Authority of Parliament freed from his Oath to the Pope and bound by a new one to the King went now confidently to pronounce Sentence The Parliament did not put down the Pope's Authority for eight months after this and appointed no new Oath till three years after For Cranmer sat in Judgment as Primate of England and Legate of the Apostolick See 59. He says Cranmer carried some Bishops with him and having cited the Queen without hearing her he gave sentence against the Marriage Gardiner Stokesly Clark and Longland the Bishops of Winchester London Bath and Lincoln went with him He could not hear the Queen when she would not appear but he examined all the Instruments and Evidences that had been brought in the whole Process 60. He says The Pope would not proceed against the King till he met with the French King at Marseilles but that the English Ambassadors did there carry so insolently that Francis was ashamed of their behaviour and desired the Pope to proceed against the King as he thought fit and that he should never defend him more but should be against him Here the Romance goes on too grosly for the Pope and the French King agreed at Marseilles to bring this matter to an issue the Pope declared he thought the King's Cause was just and right and promised if the King would send a full submission to Rome he would give sentence in his favours Upon which the French King sent over the Bishop of Paris who prevailed with the King to do it tho this afterwards came to nothing It is true Bonner who was always officious and forward when there was any thing to be got by it being sent to Marseilles by the King to deliver an Appeal in the King's Name to the Pope to the next General Council and perhaps knowing nothing of the private Transactions between the Pope and the French King it being a Secret of too great importance to be communicated to such a hot-brain'd Man did deliver his Message to the Pope in such provoking language that the Pope talked of throwing him into a boiling Cauldron and he was fain to fly for it 61. He says The Pope returning to Italy after he had again most carefully reviewed the whole Cause gave sentence This was so precipitated that they would not stay six days beyond the time which they prefixed for the return of the Messenger that was sent to England but dispatched that which by the forms of their Court should have been done in three Consistories all in one day 62. He says Upon this Sentence the King being enraged did command Queen Katharine to be only called Princess and declared her Daughter the Lady Mary a Bastard Both these were done five months before the Pope's Sentence and soon after the Sentence was pronounced by Cranmer And these were the natural consequences of it for the Marriage being annulled neither could she be longer a Queen nor her Daughter Princess any more 63. He says The King imprisoned F. Forest a Franciscan Observant a most holy and learned Man for contradicting Latimer when he was enveighing against the Pope's Authority Concerning this Forest I have seen an Original Letter of one List a Frier of the same House a year after this that says Forest was a great scandal to their House and was very ignorant and that tho he had been much against the King in his Marriage yet he had then insinuated himself into his favour of which many of the House who were for the King's Cause had great apprehensions In the same Letter he writes how cruel they were against any of their Brethren who they thought discovered any thing that was done among them and that one Rainscroft a Brother whom they suspected to have informed what passed among them was cruelly used and kept in Prison till he died which he chiefly imputes to Forest. This Friar swore the King's Supremacy and yet at the same time was perswading others not to do it and being questioned upon it said He took the Oath only with his Outward but not with his Inward Man and for that and his denying the Gospel he was burnt as an obstinate Heretick 64. He says Abell Powel and Fetherston were put in Prison because they consulted with the Maid of Kent This is only charged upon the former of these but the two latter are not accused of any such thing 65. He says Elizabeth being born the 8 th of September but five months after the King had publickly married her Mother could not be the lawful issue of that Marriage This is a malacious Lye for himself confessed that the King was married to her Mother the 14 th of November the former year between which and the 8 th of September there were ten months nor was the King ever after that married publickly to the Queen For what he calls a publick Marriage was only the shewing her openly as Queen But the design of this Lye is so visible that it needs not be opened 66. He says The King's Daughter Mary who was then present could never be induced to think she was the King's Child In the former page he said Mary was sent to her Mother and now forgetting himself too soon he says she was present when Elizabeth was born What Mary's thoughts were none can tell but she publickly acknowledged Her to be her Sister tho she did not use her as one 67. He says Elizabeth Barton who was famed for her sanctity and six with her who thought she was inspired by the Holy Ghost were accused in Parliament Those six knew that she was not inspired and that all that was given out about her was a
Herbert The Arguments against the Bull. Wolsey's advice to the King 1527. Aug. 1. Sanders his story about Anne Bolâ—yn examined For this he ciâ—es Rastal's life of Sir Tho. Moor a Book that was never seen by any body else Anti-Sanderus 1501. March 10. 1509. Feb. 12. 1511 1514. Septemb. 23 6 to Regn. 1515. Cambd. Iâ— apparatâ— ad Hiâ—t Eliz. Reg. 1528. Her Birth 1514. and Breeding Her coming to England L. Herbert Title and Duplex Cavendish says she was very young Camden She is contracted to the Lord Piercy Cavendish Life of Wolsey 1527. L. Herbert 1527. The King moved for his Divorce at Rome The first dispatch about it Collect. Numb 3 d. The Pope grants it when he was in Prison Collect. Numb 4th Pope escaped Decemb. 9. And being at liberty gives a Bull for it The Pope's craft policy And the measures that governed them 1528. Collect. Numb 5th The method proposed by the Pope Collect. Numb 6th Staphileus sent from England His Instructions Cotton Libr. Vitel. B. 10. Ian. 8. Duplicates corrected by the Cardinal's Hand The Cardinals Letterâ— by him A Larger Bull desired by the King Gardiner and Fox sent to Rome With Letters from the King Collect. Numb 7th and the Cardinal Collect. Numb 8th Collect. Numb 9th The substance of the Bull desired by them Collect. Numb 10th 1527. Rot. Paâ— 2 dâ— Pars. Regn. 10. The Cardinals Earnestness in this matter Collect. Numb 11th Collect. Numb 12. Campegio declared Legate Collect. Numb 10. Wolsey writes to him to haste over May 7. May 23. The Pope grants a Decretal Bull Anti-Sanderus L. Herbert Two Letters of Anne Boleyn's to Wolsey A Postscript of the Kings to him 1528. Collect. Numb 14th The Cardinal's Colledges finished Octob. 30. More Monasteries were to be suppressed The Emperor opposâ—s the Kings suit A Breve found out in Spain Collect. Numb 15th Presumptions of its being forged Campegio comes into England And showes the King the Bull But refuses to let it be seen to the Council * Collect. Numb 16th Collect. Numb 17th Wolsey's endeavour at Rome that it might be showed But all in vain The Pope sends Campana to England Collect. Numb 18th New Ambassadors sent to Rome With other overtures Collect. Numb 19th A Guard of 2000 men offered to the Pope The Pope resolved to unite himself to the Emperor Being frightned with the threats of the Imperialists 1529. Ian. 3. Repents his granting the Decretal Kings Letter to the Cardinal Ian. 8th Ian. 9. 1529. Ian. 15. But feeds the King with high promises The Pope sickens Ian. 27. Cardinal Wolsey's intrigues for the Papacy Feb. 6th Collect. Numb 20. The Kings Instructions for the Election Numb Feb. 20. New propositions about the Divorce Collect. Numb 21. The Popes relapse April 6. another Dispatch to Rome Collect. Numb 2.2 1528. 1529. The Cardinals Bulls for the Bishoprick of Winchester The Pope inclines to joyn with the Emperor Who protests against the Legates Commission May 15. Collect Numb 23. The Pope promised not to recal but to confirm it The Legates write to the Pope Collect. Numb 24. Campegio's ill life Pelerin In glese April 6. The Emperor presses for an Avocation Which the Kings Ambassadors oppose much The Popes deep dissimulation Collect. Numb 25th Collect. Numb 26th The Pope complains of the Florentines Iune 5. Iune 13. Great Contests about the Avocation Iune 23. Collect. Numb 27. Iune 28. The Legateâ— sit in England Orig. Iourn Cott. Libr. Vitel B. 12. A severe charge against the Queen Quod stulte facit si contendit cum Rege quod â—ale illi successit in faetibus de Brevi acsuspicione falsitatis The King and Queen appear in Court * Fidelis servi insideli subdito Responsio Collect. Numb 28. The Queen's Speech The King gives the account of his Scruples The Queens Appeal Articles drawn by the 〈◊〉 Upon which witnesses are examined The proâ—eâ—dings at 〈…〉 〈◊〉 this is 〈◊〉 from 〈…〉 Iune 2â— and 30. Iuly 8 and 9. The Pope agrees with the Emperor Collect. Numb 29th Yet is in great perplexities Iuly 26. The Avocation is granted Collect. Numb 30th The proceedings of the Legates All things are ready foâ— a Sentence Campegio Adjourned the Court. Which gives great offence Wolsey's danger Aug. 4. Sept. 23 in a Letter from the Cardinal Secetary to Cromwell Anne Boleyn returns to Court Cranmers proposition about the Kings Divorce Approved by the King The meanness of his Temper The King still â—avoured him He is afterwards attached for Treasoâ— And dies His Character A Parliament called Hall The House of Commons complains of the Bishop of Rochester Some Bills past reforming the abuses of the Clergy One Act discharging the King of his debts Collect. Numb 31. The Pope and the Emperor firmly united Iâ—n 20. The womens peace Aug. 5. 1530. The Emperors Coronation at Bononia Florence taken Aug. 9. Popes Nephew made Duke of it Iuly 17. 1531. Siege of Vienna rais'd Octob. 13. 1529. Emperor Crown'd King of Lombardy Feb. 22. 1530. Rom. Emp. Feb. 2. The King consults his Universities about his Divorce Lord Herbert out of the Record April 4. 1530. v. Wood. p. 8.257 Lib. 1 0. p. 225. Collect. Numb 32. And at Cambridge Feb. Though with great difficulty Crooke employed in Venice Crooks Negotiation taken from many of his Original Letters Cott. Libr. Vitel B. 13. Many â—n Italy write for the Kings cause Feb. 18. Though the Pope and Emperor discourâ—ged them Iuly 4. Aug. 7. Septemb. 16. Iuly 28. Aug. 5. No Money nor bribes given for subscriptions 〈◊〉 7. Fâ—b 8. Only some small acknowledgments Feb. 22. Feb. 9. Septemb. 16. But great Rewards given by the Emperor Septemb. 29. Feb. 18. March 29. 1530. May 26. Iâ—nâ— 2â— They Determined for the King at 〈◊〉 〈◊〉 1â—th At Padua Iuly 1st Collect. Numb 33. And Ferrara Sept. 29th And in Orleance April 7. At Paris of the Canonists May 25th Of the Soâ—bon Iâ—ly 2d At Angiers May 7th At Bourges Iune 10th And Tâ—â—lose Octob. 1st Collect. Numb 34. Ian. 28th his Orig. Let. Cott. Libr. Otho C. 10. Pelerine Iâ—glise Grineus employed amongst the Reformed in Switzerland Whose Letters are in a MSS. in R. Smiths Libr. The Opinions of Oâ—colompadius Bâ—cer Phrygion Zuinglius And Calvin Epist. 384. Lord Herb. from an Orig. Let. Sept. 18. 1530. The opinion of the Lutheran Divines Instructions sent by Dr. Barns to Cromwel Cott. Lib. Vâ—tel B. 13. They condemn the Kings first Marriage but are against a second Collect. Numb 35. Fox The King refuses to appear at Rome Cranmer offers to maintain the Kings cause The Nobility Clergy and Commons of England write to the Pope In the life of Wolseâ— This Letter and the answer are Printed by the Lord Herbert The Popes answer A Proclamation against Bulls from Rome Lord Herb. Books written for the Kings cause Otho C. â—0 ibidem Visp B. 5. Coâ—lect Numb 36. The grounds of it in the old Testament Lev. 18 20· Lev. 18.2 4.5.6.21 v. 17.24.26 v. 24.25 Lâ—v.
House of Convocation and when it was put to the Vote 14 were for the Affirmative 7 for the Negative one was not clear and another voted the Prohibition to be Moral but yet dispensable by the Pope In the Upper House it was long debated Stokesly Bishop of London arguing for the Affirmative and Fisher Bishop of Rochester for the Negative The Opinions of 19 Universities were read for it and the oneHouse being as full as the other was empty 216 being present either in person or by Proxy it was carried in the Affirmative Nemine contradicente those few of the Queens party that were there it seems going out For the other Question about the Matter ofFact it was remitted to the Faculty of the Canon Law it being a matter that lay within their Stâ—dies whether the Presumptions were violent and such as in the course of Law must be look'd on as good Evidences of a thing that was secret and was not capable of formal proof They all except five or six were for the Affirmative and all the Upper House confirmed this the Bishop of Bath and Wells onely excepted In this account it may seem strange that there were but 23 persons in the Lower House of Convocation and 216 in the Upper House It is taken from an unquestioned Authority so the Matter of Fact is not to be doubted The most Learned Sir Henry Spelman has in no place of his Collection of our Councils considered the Constitution of the two Houses of Convocation and in none of our Records have I been able to discover of what persons they were made up in the Times of Popery and therefore since we are left to conjecture I shall offer mine to the learned Reader It is that none sate in the Lower House but those who were deputed by the inferiour Clergy and that Bishops Abbots Mitered and not Mitered and Priors Deans and Archdeacons sate then in the Upper House of Convocation To which I am induced by these two Reasons It is probable that all who were declared Prelates by the Pope and had their Writ to sit in a General Council had likewise a right to come to the Upper House of Convocation and sit with the other Prelates And we find in the Tomes of the Councils that not onely Abbots and Priors but Deans and Archdeacons were summoned to the fourth Council in the Lateran and to that at Vienna Another Reason is that their sitting in two Houses for in all other Nations they sit together looks as if it had been taken from the Constitution of our Parliament in which all that have Writs personally sit in the Lords House and those who come upon an Election sit in the Lower House So it is not improbable that all who were summoned personally sate in the Upper House and those who were returned with an Election sate in the Lower House of Convocation This Account of that Convocation I take from that Collection of the British Antiquities which is believed to have been made by Matthew Parker who lived at that time and was afterwards Archbishop of Canterbury But the Convocation Books being burnt there are no Records to be appealed to yet it is not to be supposed that in a Matter of Fact that was so publick and well known any man especially one of that high Rank would have delivered Falshoods while the Books were yet extant that would have disproved them The Church of England having in her Representative made such a full Decision nothing remained but to give Judgment and to declare the Marriage Null The thing was already determined onely the Formality of a Sentence Declarative was wanting But before they proceeded to that a new Message was sent to the Queen to lay all that had passed before her and to desire her to acquiesce in the Opinions of so many Universities and Learned Men. But she still persisted in her Resolution to own her Marriage and to adhere to her Appeal till the Pope should judge in it And when it was told her that the King would settle the Joynture that she was to have by his Brother and that the Honour of Princess of Wales should still be paid her she rejected it But the new Queen was now with child and brought forth Queen Elizabeth the 7th of September this year from which looking backwards nine moneths to the beginning of December it shews that she must have been married at or before that time for all the Writers of both sides agree that she was married before she conceived with child The King therefore thought not fit to conceal it much longer so on Easter Eve she was declared Queen of England It seems it was not thought needful at that time to proceed to any further Sentence about the former Marriage otherwise I cannot see what made it be so long delayed since the thing was in their power now as well as after And it was certainly a preposterous Method to judge the first Marriage Null after the second was published So that it seems more probable they did not intend any Sentence at all till afterwards perhaps upon Advertisements from beyond Sea they went on to a formal Process Nor is it unlikely that the King remembering the old Advice that the Pope sent him once to marry a second Wife and then to send for a Commission to try the matter which the Pope was willing to confirm though he would not seem to allow it originally resolved to follow this Method for the Pope was now closing with Francis from which Union the King had reason to expect great Advantages Whatsoever were the Reasons of the Delay the Process was framed in this Method First Cranmer wrote to the King that the World had been long scandalized with his Marriage and that it lay on him as his Duty to see it tried and determined therefore craved his Royal Leave to proceed in it Which being obtained both the King and Queen were cited to appear before the Archbishop at Dunstable the 20th of May and the Archbishop went thither with the Bishops of London Winchester Gardiner Bath and Wells and Lincoln and many Divines and Canonists That place was chosen because the Queen lay then very near it at Ampthill and so she could not pretend ignorance of what was done and they needed not put many days in the Citation but might end the Process so much the sooner On the 10th of May the Archbishop sate in Court and the King appeared by Proxy but the Queen appeared not Upon which she was declared Contumax and a second Citation was issued out and after that a third But she intended not to appear and so she was finally declared Contumax Then the Evidences that had been brought before the Legates of the Consummation of the Marriage with Prince Arthur were read After that the Determinations of the Universities and Divines and Canonists were also produced and read Then the Judgments of the Convocations of both Provinces were also
read with many other Instruments and the whole Merits of the Cause were opened Upon which after many Sessions on the 23th of May Sentence was given with the Advice of all that were there present declaring it onely to have been a Marriage de facto but not de jure pronouncing it Null from the beginning One thing is to be observed That the Archbishop in the Sentence is called The Legate of the Apostolick See Whether this went of course as one of his Titles or was put in to make the Sentence firmer the Reader may judge Sentence being given the Archbishop with all the rest returned to London and five days after on the 28th of May at Lambeth by another Judgment he in general words no Reasons being given in the Sentence confirmed the Kings Marriage with the new Queen Anne and the first of Iune she was crowned Queen When this great Business which had been so long in agitation was thus concluded it was variously censured as men stood affected Some approved the Kings Proceedings as Canonical and Just since so many Authorities which in the intervall of a General Council were all that could be had except the Pope be believed Infallible had concurred to strengthen the Cause and his own Clergy had upon a full and long examination judged it on his side Others who in the main agreed to the Divorce did very much dislike the Kings second Marriage before the first was dissolved for they thought it against the common course of Law to break a Marriage without any publick Sentence and since one of the chief politick Reasons that was made use of in this Suit was to settle the Succession of the Crown this did embroil it more since there was a fair colour given to except to the Validity of the second Marriage because it was contracted before the first was annulled But to this others answered That the first Marriage being judged by the Interpreters of the Doctrine of the Church to have been Null from the beginning there was no need of any Sentence but onely for Form And all concluded it had been better there had been no Sentence at all than one so late Some excepted to the Archbishop of Canterbury's being Judge who by his former Writings and Disputes had declared himself partial But to this it was answered That when a man changes his Character all that he did in another Figure is no just Exception so Judges decide Causes in which they formerly gave Counsel and Popes are not bound to the Opinions they held when they were Divines or Canonists It was also said That the Archbishop did onely declare in Legal Form that which was already judged by the whole Convocation of both Provinces Some wondered at the Popes stifness that would put so much to hazard when there wanted not as good Colours to justifie a Bull as they had made use of to excuse many other things But the Emperors Greatness and the fear of giving the Lutherans advantages in disputing the Popes Authority were on the other hand so prevalent Considerations that no wonder they wrought much on a Pope who pretended to no other knowledge but that of Policy for he had often said He understood not the matter and therefore left it in other mens hands All persons excused Queen Katharine for standing so stifly to her ground onely her denying so confidently that Prince Arthur consummated the Marriage seems not capable of an Excuse Every body admired Queen Annes Conduct who had managed such a Kings Spirit so long and had neither surfeited him with great freedom nor provoked him by the other Extreme for the King who was extremely nice in these matters conceived still an higher Opinion of her and her being so soon with child after the Marriage as it made people conclude she had been chaste till then so they hoped for a Blessing upon it since there were such early appearances of Issue Those that favoured the Reformation expected better days under her Protection for they know she favoured them But those who were in their hearts for the Established Religion did much dislike it and many of the Clergy especially the Orders of Monks and Friars condemned it both in their Sermons and Discourses But the King little regarding the Censures of the Vulgar sent Embassadors to all the Courts of Europe to give notice of his new Marriage and to justifie it by some of those Reasons which have been opened in the former parts of this History He also sent the Lord Mountjoy to the Divorced Queen to let her know what was done and that she was no more to be treated as Queen but as Princess Dowager He was to mix Promises with Threatnings particularly concerning her Daughters being put next the Queens Issue in the Succession But the afflicted Queen would not yield and said she would not damn her Soul nor submit to such an Infamy That she was his Wife and would never call her self by any other Name whatever might follow on it since the Process still depended at Rome That Lord having written a Relation of what had passed between him and her shewed it to her but she dashed with a Pen all those places in which she was called Princess Dowager and would receive no Service at any ones hands but of those who called her Queen and she continued to be still served as Queen by all about her Against which though the King used all the Endeavours he could not without both threatning and violence to some of the Servants yet he could never drive her from it and what he did in that was thought far below that Height of Mind which appeared in his other Actings for since he had stript her of the real Greatness of a Queen it seemed too much to vex her for keeping up the Pageantry of it But the news of this made great impressions elsewhere The Emperor received the Kings justification very coldly and said â—e would consider what he was to do upon it which was looked on as a Dâ—câ—aration of War The French King though he expressed still gâ—eat Friendship to the King yet was now resolved to link himself to the Pope for the crafty Pope apprehending that nothing made the King of England so confident as that he knew his Friendship was necessary to the French King and fearing they had resolved to proceed at once to the puâ—ting down the Papal Authority in their Kingdoms which it appears they had once agreed to do resolved by all means to make sure of the French King which as it would preserve that Kingdom in his obedience so would perhaps frighten the King of England from proceeding to such extremities since that Prince in whose conjunction he trusted so much had forsaken him Therefore the Pope did so vigorously pursue the Treaty with Francis that it was as good as ended at this time and an Interview was projected between them at Marseilles The Pope did also grant him so great Power