his time and have continued since in great honour as the Seimours from whom the Dukes of Somerset are descended the Paulets from whom the Marquess of Winchester derives the Russels Wriothslies Herberts Riches and Cromwells from whom the Earls of Bedford Southampton Pembroke Essex and Ardglass have descended and the Browns the Petres the Pagets the Norths and the Mountagues from whom the Vice-Count Mountague the Barons Petre Paget North and Mountague are descended These Families have now flourished in great Wealth and Honour an Age and a half and only one of them has and that but very lately determined in the Male Line but the Illustrious Female Branches of it are intermixed with other Noble Families So that the Observation is false and the Inference is weak 119. He says When the King found his strength declining he had again some thoughts of reconciling himself to the Church of Rome which when it was proposed to one of the Bishops he made a flattering answer But Gardiner moved that a Parliament might be called for doing it and that the King for the quiet of his own Conscience would vow to do it of which God would accept in that extremity when more was not possible to be done But some of his Courtiers coming about him who were very apprehensive of such a Reconciliation lest they should have been made restore the Goods of the Church diverted the King from it And from this our Author infers that what the King had done was against his Conscience and that so he sinned the Sin against the Holy Ghost I shall not examine this Theological definition of the Sin against the Holy Ghost for my quarrel is not at present with his Divinity but with his History tho it were easy to shew that he is alike at both But for this story it is a pure dream for not only there is no evidence for it nor did Gardiner in the Reign of Queen Mary ever own any such thing tho it had been then much for the credit of their Cause especially he being often upbraided with his compliances to this King for which the mention of his repentance had furnished him with a good answer But as the Tale is told the Fiction appears too plainly for a Parliament was actually sitting during the King's sickness which was dissolved by his Death and no such Proposition was made in it The King on the contrary destroyed the chief hopes of the Popish Party which were founded on the Duke of Norfolk's greatness by the Attainder which was passed a day before he died And yet Sanders makes this discourse to have been between the King and Gardiner after his fall and his Sons death between which and the King's Death there were only nine days but besides all this Gardiner had lost the King's favour a considerable time before his death 120. He says The King that he might not seem never to have done any good Work in his whole life as he was dying founded Christ's Church Hospital in London which was all the restitution he ever made for the Monasteries and Churches he had robbed and spoiled If it had not already appeared in many Instances that our Author had as little shame as honesty here is a sufficient proof of it I will not undertake to justify the King as if he had done what he ought to have done in his new Foundations But it is the height of impudence to deny things that all England knows He founded six Bishopricks he endowed Deans and Prebendaries with all the other Offices belonging to a Cathedral in fourteen several Sees Canterbury Winchester Duresme Ely Norwich Rochester Worcester and Carlisle together with Westminster Chester Oxford Glocester Peterborough and Bristol where he endowed Bishopricks likewise He founded many Grammar-Schools as Burton Canterbury Coventry Worcester c. He founded and endowed Trinity Colledg in Cambridg which is one of the noblest Foundations in Christendom He also founded Professors in both Universities for Greek Hebrew Law Physick and Divinity What censure then deserves our Author for saying that the Hospital of Christ's-Church was all the restitution he ever made of the Church-Lands 121. He gives a Character of the King which sutes very well with his History his malice in it being extravagantly ridiculous Among other things he says The King promoted always learned Bishops Cranmer only being excepted whom he advanced to serve his Lusts. Cranmer was a Man of greater Learning than any that ever sate in that See before him as appears in every thing that he writ Tonstal was a learned Man and Gardiner was much esteemed for Learning yet if any will compare Cranmer's Books of the Sacrament with those the other two writ on the same Subject there is so great a difference between the learning and solidity of the one and the other that no Man of common ingenuity can read them but he must confess it 122. He says When the King found himself expiring he called for a Boul of White Wine and said to one that was near him We have lost all and was often heard repeating Monks Monks and so he died This was to make the Fable end as it had gone on and it is forged without any authority or appearance of truth The manner of his death was already told so it needs not be repeated 123. He says The King by his Will appointed the Crown to go to his righteous Heirs after his three Children and commanded his Son to be bred a true Catholick but his Will was changed and another was forged by which the Line of Scotland was excluded and they bred his Son an Heretick There was no such Will ever heard of and in all the Debates that were managed in Queen Elizabeth's Reign about the Succession those that pleaded for the Scotish Line never alleadged this which had it been true did put an end to the whole Controversie It was indeed said that the Will which was given out as the King's Will was not signed by his Hand nor sealed by his Order but it was never pretended that there was any other Will so this is one of our Author's Forgeries The Conclusion THus I have traced him in this History and hope I have said much more than was necessary to prove him a Writer of no credit and that his Book ought to have no Authority since he was not only a stranger to the Publick Transactions Printed Statutes and the other Authentick Registers of that time but was a bold and impudent Asserter of the grossest and most malicious Lies that ever were contrived I have not examined all the Errors of his Chronology for there is scarce any thing told in its right order and due place nor have I insisted on all the passages he tells without any proof or appearance of truth for as I could only deny these without any other evidence but what was negative so there are so many of them that I must have transcribed the greatest part of
perhaps consummated by the Carnalis Copula who was dead without any issue but they being desirous to Marry for preserving the Peace between the Crowns of England and Spain did Petition his Holiness for his Dispensation therefore the Pope out of his care to maintain peace among all Catholick Kings did absolve them from all Censures under which they might be and Dispensed with the Impediment of their Affinity notwithstanding any Apostolical Constitutions or Ordinances to the contrary and gave them leave to Marry or if they were already Married he Confirming it required their Confessor to enjoyn them some healthful penance for their having Married before the Dispensation was obtained It was not much to be wondred at that the Pope did readily grant this for though very many both Cardinals and Divines did then oppose it yet the Interest of the Papacy which was preferred to all other Considerations required it For as that Pope being a great Enemy to Lewis the 12th the French King would have done any thing to make an Alliance against him firmer so he was a War-like Pope who considered Religion very little and therefore might be easily perswaded to Confirm a thing that must needs oblige the succeeding Kings of England to maintain the Papal Authority since from it they derived their Title to the Crown little thinking that by a secret Direction of an over-ruling Providence that Deed of his would occasion the extirpation of the Papal Power in England So strangely doth God make the Devices of Men become of no effect and turn them to a contrary end to that which is intended Upon this Bull they were Married the Prince of Wales being yet under Age. But Warham had so possessed the King with an aversion to this Marriage that on the same day that the Prince was of Age he by his Fathers command laid on him in the presence of many of the Nobility and others made a Protestation in the hands of Fox Bishop of Winchester before a publick Notary and read it himself by which he Declared That whereas he being under Age was Married to the Princess Katharine yet now coming to be of Age he did not confirm that Marriage but retracted and Annulled it and would not proceed in it but intended in full form of Law to void it and break it off which he declared he did freely and of his own accord Thus it stood during his Fathers life who continued to the last to be against it and when he was just dying he charged his Son to break it off though it is possible that no consideration of Religion might work so much on him as the apprehension he had of the troubles that might follow on a controverted Title to the Crown of which the Wars between the Houses of York and Lancaster had given a fresh and sad Demonstration The King being dead one of the first things that came under Consultation was that the young King must either break his Marriage totally or conclude it Arguments were brought on both hands but those for it prevailed most with the King So six weeks after he came to the Crown he was Married again publickly and soon after they were both Crowned On the first day of the year she made him a very acceptable new-years gift of a Son but he dyed in the Februâ—ry thereafter She miscarried often and an other Son dyed soon after he was born only the Lady Mary lived to a perfect Age. In this state was the Kings Family when the Queen leâ—t bearing more Children and contracted some diseases that made her person unacceptable to him but was as to her other Qualities a vertuous and grave Princess much esteemed and beloved both of the King and the whole Nation The King being out of hopes of more Children declared his Daughter Princess of Wales and sent her to Ludlow to hold her Court there and projected divers Matches for her The first was with the Dolphin which was agreed to between the King of France and him the 9th of Novemb. 1518. as appears by the Treaty yet extant But this was broken afterwards upon the Kings Confederating with the Emperor against France and a new Match agreed and sworn to between the Emperor and the King at Windsor the 22 of Iune 1522. the Emperor being present in person This being afterwards neglected and broken by the Emperor by the advice of his Cortes and States as was formerly related there followed some Overtures of a Marriage with Scotland But those also vanished and there was a second Treaty begun with France the King offering his Daughter to Francis himself which he gladly accepting a Match was Treated and on the last of April it was agreed that the Lady Mary should be given in Marriage either to Francis himself or to his second Son the Duke of Orleance and that Alternative was to be determined by the two Kings at an Enterview that was to be between them soon after at Calais with forfeitures on both sides if the Match went not on But while this was in agitation the Bishop of Tarbe the French Ambassador made a a great demur about the Princess Mary's being illegitimate as begotten in a Marriage that was contracted against a Divine precept with which no humane Authority could Dispense How far this was secretly concerted between the French Court and ours or between the Cardinal and the Ambassador is not known It is surmised that the King or the Cardinal set on the French to make this exception publickly that so the King might have a better Colour to justifie his suit of Divorce since other Princes were already questioning it For if upon a Marriage proposed of such infinite advantage to France as that would be with the Heir of the Crown of England they neverâ—heless made Exceptions and proceeded but coldly in it it was very reasonable to expect that after the Kings Death other Pretenders would have disputed her Title in another manner To some it seemed strange that the King did offer his Daughter to such great Princes as the Emperor and the King of France to whom if England had fallen in her Right it must have been a Province for though in the last Treaty with France she was offered either to the King or his second Son by which either the Children which the King might have by her or the Children of the Duke of Orleance should have been Heirs to the Crown of England and thereby it would still have continued divided from France yet this was full of hazard for if the Duke of Orleance by his Brothers Death should become King of France as it afterwards fell out or if the King of France had been once possessed of England then according to the maxime of the French Government that whatever their King acquires he holds it in the Right of his Crown England was still to be a Province to France unless they freed themselves by Arms. Others judged that the
If full Forty days be necessary for a Summons then the Writs must have been issued forth the day before the late Queens disgrace so that it was designed before the Justs at Greenwich and did not flow from any thing that then appeared When the Parliament met the Lord Chancellor Audley in his speech told them That when the former Parliament was dissolved the King had no thoughts of Summoning a new one so soon But for two reasons he had now called them The one was that he finding himself subject to so many infirmities and considering that he was Mortal a rare thought in a Prince he desired to settle an apparent heir to the Crown in case he should die without Children lawfully begotten The other was to repeal an Act of the former Parliament concerning the Succession of the Crown to the issue of the King by Queen Anne Boleyn He desired them to reflect on the great troubles and vexation the King was involved in by his first unlawful Marriage and the dangers he was in by his second which might well have frighted any body from a third Marriage But Anne and her Conspirators being put to death as they well deserved the King at the humble request of the Nobility and not out of any Carnal concupiscence was pleased to Marry again a Queen by whom there were very probable hopes of his having children Therefore he recommended to them to provide an heir to the Crown by the Kings direction who if the King dyed without children lawfully begotten might Rule over them He desired they would pray God earnestly that he would grant the King issue of his own body and return thanks to Almighty God that preserved such a King to them out of so many eminent dangers who imployed all his care and endeavours that he might keep his whole people in quiet peace and perfect charity and leave them so to those that should succeed him But though this was the chief cause of calling the Parliament it seems the Ministers met with great difficulties and therefore spent much time in preparing mens minds For the Bill about the Succession to the Crown was not brought into the House of Lords before the 30th day of Iune that the Lord Chancellor offered it to the House It went through both Houses without any Opposition It contained first a repeal of the former Act of Succession and a Confirmation of the two Sentences of Divorce the issue of both the Kings former Marriages being declared illegitimate and for ever excluded from claiming the inheritance of the Crown as the Kings Lawful heirs by lineal descent The Attainder of Queen Anne and her Complices is confirmed Quen Anne is said to have been inflamed with pride and Carnal desires of her body and having confederated her self with her complices to have committed divers Treasons to the danger of the Kings Royal person with other aggravating words for which she had justly suffered death and is now attainted by Act of Parliament And all things that had been said or done against her or her Daughter being contrary to an Act of Parliament then in force are pardoned and the inheritance of the Crown is established on the issue of Queen Iane whether Male or Female or the Kings issue by any other Wife whom he might Marry afterwards But since it was not fit to declare to whom the Succession of the Crown belonged after the Kings death lest the person so designed might be thereby enabled to raise trouble and Commotions therefore they considering the Kings wise and excellent Government and confiding in the love and affection which he bore to his Subjects did give him full Power to declare the Succession to the Crown either by his Letters Patents under the great Seal or by his last will Signed with his hand and promised all faithful obedience to the persons named by him And if any so designed to succeed in default of others should endeavor to usurp upon those before them or to exclude them they are declared Traytors and were to forfeit all the Right they might thereafter claim to the Crown And if any should maintain the Lawfulness of the former Marriages or that the issue by them was legitimate or refused to swear to the Kings issue by Queen Iane they were also declared Traytors By this Act it may appear how absolutely this King Reigned in England Many question'd much the validity of it and as shall afterwards appear the Scots said that the Succession to the Crown was not within the Parliaments Power to determine aboutit but must go by inheritance to their King in default of issue by this King Yet by this the King was enabled to settle the Crown on his Children whom he had now declared Illegitimate by which he brought them more absolutely to depend upon himself He neither made them desperate nor gave them any further Right than what they were to derive purely from his own good pleasure This did also much pacifie the Emperor since his Kinswoman was though not restored in blood yet put in a capacity to succeed to the Crown At this time there came a new Proposition from Rome to try if the King would accommodate matters with the Pope Pope Clement the Seventh dyed two years before this in the year 1534. and Cardinal Farnese succeeded him called Pope Paul the Third He had before this made one unsuccessful attempt upon the King but upon the beheading of the Bishop and declared Cardinal of Rochester he had Thundered a most terrible Sentence of Deposition against the King and designed to commit the Execution of it to the Emperor Yet now when Queen Katharine and Queen Anne who were the occasions of the Rupture were both out of the way he thought it was a proper conjuncture to try if a Reconciliation could be effected This he proposed to Sir Gregory Cassali who was no more the Kings Ambassador at Rome but was still his Correspondent there The Pope desired he would move the King in it and let him know that he had ever favoured his Cause in the former Popes time and though he was forced to give out a Sentence against him yet he had never any intention to proceed upon it to further Extremities But the King was now so entirely alienated from the Court of Rome that to cut off all hopes of reconciliation he procured two Acts to be passed in this Parliament The one was for the utter extinguishing the Authority of the Bishop of Rome It was brought into the House of Lords on the 4th of Iuly And was read the first time the 5th and the second time on the 6th of Iuly and lay at the Committee till the 12th And on the 14th it was sent down to the Commons who if there be no mistake in the Journal sent it up that same day They certainly made great haste for the Parliament was dissolved within Four days The Preamble of this first Act contains severe Reflections on
advantages a man of his temper would draw from it Warham was Lord Chancellour the first seven years of the Kings Reign but retired to give place to this aspiring favourite who had a mind to the great Seal that there might be no interfering between the Legantine and Chancery Courts And perhaps it wrought somewhat on his vanity that even after he was Cardinal Warham as Lord Chancellour took place of him as appears from the Entries made in the Journals of the House of Peers in the Parliament held the 7th year of the Kings Reign and afterwards gave him place as appears on many occasions particularly in the Letter written to the Pope 1530 set down by the Lord Herbert which the Cardinal subscribed before Warham We have nothing on record to shew what a Speaker he was for all the Journals of Parliament from the 7th to the 25th year of this King are lost but it is like he spoke as his Predecessor in that Office Warham did whose speeches as they are entred in the Journals are Sermons begun with a Text of Scripture which he expounded and applyed to the business they were to go upon stuffing them with the most fulsome flattery of the King that was possible The next in favour and Power was the Lord Treasurer restored to his Fathers honour of Duke of Norfolk to whom his Son succeeded in that Office as well as in his hereditary honours and managed his Interest with the King so dexterously that he stood in all the Changes that followed and continued Lord Treasurer during the Reign of this King till near the end of it when he fell through Jealousie rather than guilt this shewed how dexterous a man he was that could stand so long in that imployment under such a King But the chief Favourite in the Kings pleasures was Charles Brandon a Gallant graceful Person one of the strongest men of the Age and so a fit match for the King at his Justs and Tiltings which was the manly diversion of that time and the King taking much pleasure in it being of a robust Body and singularly expert at it he who was so able to second him in these Courses grew mightily in his favour so that he made him first Viscount Lisle and some Months after Duke of Suffolk Nor was he less in the Ladies favours than the Kings for his Sister the Lady Mary liked him and being but so long Married to King Lewis of France as to make her Queen Dowager of France she resolved to choose her second Husband her self and cast her eye on the Duke of Suffolk who was then sent over to the Court of France Her Brother had designed the Marriage between them yet would not openly give his Consent to it but she by a strange kind of Wooing prefixed him the Term of four days to gain her Consent in which she told him if he did not prevail he should for ever lose all his hopes of having her though after such a Declaration he was like to meet with no great difficulty from her So they were Married and the King was easily pacified and received them into favour neither did his favour die with her for it continued all his life but he never medled much in business and by all that appears was a better Courtier than States-Man Little needs be said of any other Person more than will afterwards occur The King loved to raise mean Persons and upon the least distaste to throw them down and falling into disgrace he spared not to sacrifice them to publick discontents His Court was magnificent and his Expence vast he indulged himself in his pleasures and the hopes of Children besides the Lady Mary failing by the Queen he who of all things desired issue most kept one Elizabeth Blunt by whom he had Henry Fitzroy whom in the 17th year of his Reign he created Earl of Nottingham and the same day made him Duke of Richmond and Sommerset and intended afterwards to have put him in the Succession of the Crown after his other Children but his death prevented it As for his Parliaments he took great care to keep a good understanding with them and chiefly with the House of Commons by which means he seldom failed to carry Matters as he pleased among them only in the Parliament held in the 14th and 15th of his Reign the Demand of the Subsidy towards the War with France being so high as 800000 lib. the 5th of mens goods and lands to be paid in Four years and the Cardinal being much hated there was great Opposition made to it for which the Cardinal blamed Sir Thomas More much who was then Speaker of the House of Commons and finding that which was offered was not above the half of what was asked went himself to the House of Commons and desired to hear the reasons of those who opposed his Demands that he might answer them but he was told the Order of their House was to reason only among themselves and so went away much dissatisfied It was with great difficulty that they obtained a Subsidy of 3 s. in the lib. to be paid in four years This disappointment it seems did so offend the Cardinal that as no Parliament had been called for Seven years before so there was none summoned for Seven years after And thus stood the Civil Government of England in the 19th year of the Kings Reign when the Matter of the Divorce was first moved But I shall next open the State of Affairs in Reference to Religious and Spiritual Concerns King Henry was bred with more care than had been usually bestowed on the Education of Princes for many Ages who had been only trained up to those Exercises that prepared them to War and if they could read and write more was not expected of them But learning began now to flourish and as the House of Medici in Florence had great honour by the Protection it gave to learned men so other Princes every-where cherished the Muses King Henry the 7th though illiterate himself yet took care to have his Children instructed in good letters And it generally passes current that he bred his second Son a Scholar having designed him to be Arch-Bishop of Canterbury but that has no foundation for the Writers of that time tell that his Elder Brother Prince Arthur was also bred a Scholar And all the Instruction King Henry had in Learning must have been after his Brother was dead when that Design had vanished with his life For he being born the 18th of Iune 1491. and Prince Arthur dying the Second of April 1502. he was not full eleven years of Age when he became Prince of Wales at which Age Princes have seldom made any great progress in Learning But King Henry the 7th judging either that it would make his Sons Greater Princes and fitter for the Management of their Affairs or being jealous of their looking too early into business or their pretending to the Crown
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
engaged her self another way but how far this went on her side or whether it was afterwards made use of when she was divorced from the King shall be considered in its proper place It also appears that there was a Design about her then formed between the King and the Cardinal yet how far that went whether to make her Queen or only to Corrupt her is not evident It is said that upon this she ever after hated the Cardinal and that he never designed the Divorce after he saw on whom the King had fixed his thoughts but all that is a mistake as will afterwards appear And now having made way through these things that were previous to the first motion of the Divorce my narration leads me next to the Motion it self The King resolving to put the matter home to the Pope sent Doctor Knight Secretary of State to Rome with some Instructions to prepare the Pope for it and to observe what might be the best Method and who the fittest tools to work by At that time the Family of the Cassali being three Brothers were entertained by the King as his Agents in Italy both in Rome Venice and other places Sir Gregory Cassali was then his ordinary Ambassador at Rome To him was the first full dispatch about this business directed by the Cardinal the Original whereof is yet extant dated the 5th of Decemb. 1527. which the Reader will find in the Collection but here I shall give the Heads of it After great and high Complements and Assurances of Rewards to engage him to follow the Business very vigorously and with great Diligence he writes that he had before opened the Kings case to him and that partly by his own study partly by the opinion of many Divines and other Learned men of all sorts he found that he could no longer with a good Conscience continue in that Marriage with the Queen having God and the Quiet and Salvation of his Soul chiefly before his eyes And that he had consulted both the most Learned Divines and Canonists as well in his own Dominions as elsewhere to know whether the Popes Dispensation could make it good and that many of them thought the Pope could not Dispence in this case of the first degree of Affinity which they esteemed forbidden by a Divine Moral and Natural Law and all the rest concluded that the Pope could not do it but upon very weighty reasons and they found not any such in the Bull. Then he lays out the reasons for Annulling the Bull which were touched before upon which they all concluded the Dispensation to be of no force that the King looked on the death of his Sons as a Curse from God and to avoid further Judgments he now desired help of the Apostolick See to consider his case to reflect on what he had merited by these Services he had done the Papacy and to find a way that he being divorced from his Queen may Marry another Wife of whom by the blessing of God he might hope for issue Male. Therefore the Ambassador was to use all means possible to be admitted to speak to the Pope in Private and then to deliver him these Letters of Credence in which there was a most earnest Clause added with the Kings own hand He was also to make a Condoleance of the Miserie 's the Pope and Cardinals were in both in the Kings name and the Cardinals and to assure the Pope they would use all the most effectual means that were possible for setting him at Liberty in which the Cardinal would Employ as much Industry as if there were no other way to come to the Kingdom of Heaven but by doing it Then he was to open the Kings business to the Pope the Scruples of his Conscience the great danger of cruel Wars upon so disputable a Succession the Entreaties of all the Nobility and the whole Kingdom with many other urgent reasons to obtain what was desired He was also to lay before the Pope the present condition of Christendome and of Italy that he might consider of what Importance it was to his own affairs and to the Apostolick See to engage the King so firmly to his Interests as this would certainly do And to move that the Pope without communicating the Matter to any person would freely grant it and Sign the Commission which was therewith sent engrossed in due form and ready to be Signed by which the Cardinal was Authorized with the Assistance of such as he should choose to proceed in the Matter according to some Instructions which were also sent fairly written out for the Pope to Sign A Dispensation was also sent in due form and if these were expeded he might assure the Pope that as the King had sent over a vast sum to the French King for paying his Army in Italy so he would spare no Travel nor Treasure but make War upon the Emperor in Flanders with his whole strength till he forced him to set the Pope at Liberty and restore the State of the Church to its former Power and Dignity And if the Pope were already at Liberty and had made an Agreement with the Emperor he was to represent to him how little cause he had to trust much to the Emperor who had so oft broke his faith and designed to do all he could towards the Depressing the Ecclesiastical State And the Pope was to be remembred that he had dispenced with the Emperors Oath for Marrying the Kings Daughter without communicating the Matter to the King And if he had done so much for one that had been his Enemy how much more might the King expect the like favour who had always payed him a most filial Duty Or if the Pope would not grant the Commission to the Cardinal to try the Matter as a Person that being the Kings chief Minister was not indifferent enough to judge in any of the Kings Concerns he was by all means to overcome that and assure the Pope that he would proceed in it as a Judge ought to do But if the Pope stood upon it and would by no means be perswaded to sign the Commission for the Cardinal then he was to propose Staphileus Dean of the Rota who was then in England and was to except against all other Forreigners if the Pope chanced to propose any other He was also to represent to the Pope that the King would look upon a delay as a Denial and if the Pope inclined to consult with any of the Cardinals about it he was to divert him from it all that was possible but if the Pope would needs do it then he was to Address himself to them and partly by informing them of the reasons of the Kings Cause partly by rewarding the good Offices they should do he was to engage them for the King And with this Dispatch Letters were sent to Cardinal Puccy Sanctorum Quatuor and the other Cardinals to be made use of as there should be
another Wife keeping the Queen still Zuinglius confutes that and says If the Marriage be against the Law of God it ought to be dissolved But concludes the Queen should be put away honourably and still used as a Queen and the Marriage should only be dissolved for the future without Illegitimating the Issue begotten in it since it had gone on in a publick way upon a received error But advises that the King should proceed in a Judiciary way and not establish so ill a President as to put away his Queen and take another without due form of Law Dated Basil 17th of Aug. There is a second Letter of his to the same purpose from Zurick the first of September There is also with these Letters a long paper of Osianders in the form of a Direction how the Process should be managed There is also an Epistle of Calvins published among the rest of his Neither the date nor the person to whom it was directed are named Yet I fancie it was written to Grineus upon this occasion Calvin was clear in his judgment that the Marriage was null and that the King ought to put away the Queen upon the Law of Leviticus And whereas it was objected that the Law is only meant of Marrying the Brothers wife while he is yet alive he shews that could not be admitted for all the prohibited degrees being forbidden in the same style they were all to be understood in one sense Therefore since it is confessed that it is unlawful to Marry in the other degrees after the death of the Father Son Uncle or Nephew so it must be also a sin to Marry the Brothers wife after his death And for the Law in Deuteronomy of Marrying the Brothers wife to raise up seed to him he thought that by Brother there is to be understood a near Kinsman according to the usual phrase of the Hebrew tongue and by that he reconciles the two Laws which otherwise seem to differ illustrating his Exposition by the History of Ruth and Boaz. It is given out that Melancthon advised the Kings taking another wife justifying Polygamy from the old Testament but I cannot believe it It is true the Lawfulness of Polygamy was much controverted at this time And as in all controversies newly started many crude things are said so some of the Helvetian and German Divines seem not so fierce against it though none of them went so far as the Pope did who did plainly offer to grant the King Licence to have two wives and it was a motion the Imperialists consented to and promoted though upon what reason the Ambassador Cassali who wrote the account of it to the King could not learn The Pope forbade him to write about it to the King perhaps as Whisperers enjoyn silence as the most effectual way to make a thing publick But for Melancthons being of that mind great evidences appear to the contrary for there is a Letter of Osianders to him giving him many reasons to perswade him to approve of the Kings putting away the Queen and Marrying another the Letter also shews he was then of opinion that the Law in Leviticus was Dispensable And after the thing was done when the King desired the Lutheran Divines to approve his second Marriage they begged his excuse in a writing which they sent over to him so that Melanâ—â—hon not allowing the thing when it was done cannot be imagined to have advised Polygamy before hand And to open at once all that may clear the sense of the Protestants in the Question when some years after this Fox being made Bishop of Hereford and much inclined to their Doâ—ctrine was sent over to get the Divines of Germany to approve of the Divorce and the subsequent Marriage of Anne Boleyn he found that Melancthon and others had no mind to enter much into the Dispute about it both for fear of the Emperor and because they judged the King was led in it by dishonest affections they also thought the Laws in Leviticus were not Moral and did not oblige Christians and since there were no Rules made about the Degrees of Marriage in the Gospel they thought Princes and States might make what Laws they pleased about it yet aâ—ter much Disputing they were induced to change their minds but could not be brought to think that a Marriage once made might be annulled and therefore demurred upon that as will appear by the Conclusion they passed upon it to be found at the end of this volume All this I have set together here to give a right representation of the judgments of the several parties of Christendome about this matter It cannot be denyed that the Protestants did express great sincerity in this matter such as became men of conscience who were acted by true Principles and not by maxims of Policie For if these had governed them they had struck in more compliantly with so great a Prince who was then alienated from the Pope and in very ill terms with the Emperor so that to have gained him by a full Compliance to have protected them was the wisest thing they could do and their being so cold in the matter of his Marriage in which he had engaged so deeply was a thing which would very much provoke him against them But such measures as these though they very well became the Apostolick See yet theâ— were unworthy of men who designed to restore an Apostolick Religion The Earl of Wiltshire with the other Ambassadors when they had their Audience of the Pope at Bononia refused to pay him the submission of Kissing his foot though he graciously stretched it out to them but went to their Business and expostulated in the Kings name and in high words and in Conclusion told the Pope that the Prerogative of the Crown of England was such that their Master would not suffer any Citation to be made of him to any forreign Court and that therefore the King would not have his cause tryed at Rome The Pope answered that though the Queens Sollicitor had pressed him to proceed in the Citation bâ—th that her Marriage being further examined might receive a new Conâ—irmation for silencing the Dispuâ—es about it and because the King had withdrawn himself â—rom her yet if the King did not go further and did not innovate in Relâ—gion the Pope was willing to let the matter rest They went next to the Emperor to justifie the Kings Proceedings in the Suit of the Divorce But he told them he was bound in honour and justice to â—uppâ—rt his Aunt and that he would not abandon her Cranmer offered to maintain what he had written in his Book but whether they went so far as to make their Divines enter into any Discourse with him about it I do not know This appears that the Pope to put a Complement on the King declared Cranmer his Paenitentiary in England He having stayed some months at Rome after the Ambassadors were gone
several Ages till the state of Monkery rose And then when they engrossed the riches and the Popes assumed the Dominion of the World it was not consistent with these Designs nor with the Arts used to promote them to let the Scriptures be much known Therefore Legends and strange stories of Visions with other devices were thought more proper for keeping up their Credit and carrying on their Ends. It was now generally desired that if there were just exceptions against what Tindal had done these might be amended in a New Translation This was a plausible thing and wrought much on all that heard it who plainly concluded that those who denyed the people the use of the Scriptures in their vulgar tongues must needs know their own Doctrine and practices to be inconsistent with it Upon these grounds Cranmer who was projecting the most effectual means for promoting a Reformation of Doctrine moved in Convocation that they should Petition the King for leave to make a Translation of the Bible But Gardiner and all his party opposed it both in Convocation and in secret with the King It was said that all the Heresies and extravagant Opinions which were then in Germany and from thence coming over to England sprang from the free use of the Scriptures And whereas in May the last year Nineteen Hollanders were accused of some Heretical Opinions denying Christ to be both God and man or that he took Flesh and Blood of the Virgin Mary or that the Sacraments had any effect on those that received them in which opinions Fourteen of them remained Obstinate and were burnt by pairs in several places it was complained that all those drew their Damnable errors from the indiscreet use of the Scriptures And to offer the Bible in the English tongue to the whole Nation during these distractions would prove as they pretended the greatest Snare that could be Therefore they proposed that there should be a short exposition of the most useful and necessary Doctrines of the Christian Faith given to the people in the English tongue for the Instruction of the Nation which would keep them in a certain Subjection to the King and the Church in Matters of Faith The other party though they liked well the publishing such a Treatise in the vulgar tongue yet by no means thought that sufficient but said the people must be allowed to search the Scripture by which they might be convinced that such Treatises were according to it These Arguments prevailed with the Two Houses of Convocation So they petitioned the King that he would give order to some to set about it To this great Opposition was made at Court Some on the one hand told the King that a diversity of opinions would arise out of it and that he could no more Govern his Subjects if he gave way to that But on the other hand it was represented that nothing would make his Supremacy so acceptable to the Nation and make the Pope more hateful than to let them see that whereas the Popes had Governed them by a blind obedience and kept them in darkness the King brought them into the light and gave them the free use of the word of God And nothing would more effectually extirpate the Popes Authority and discover the Impostures of the Monks than the Bible in English in which all people would clearly discern there was no Foundation for those things These Arguments joyned with the Power that the Queen had in his affections were so much considered by the King that he gave order for setting about it immediately To whom that work was committed or how they proceeded in it I know not For the Account of these things has not been preserved nor conveighed to us with that care that the Importance of the thing required Yet it appears that the work was carryed on at a good rate for Three years after this it was Printed at Paris which shows they made all convenient hast in a thing that required so much deliberation But this was the last publick good Act of this unfortunate Queen who the nearer she drew to her end grew more full of good works She had distributed in the last Nine Moneths of her Life between Fourteen and Fifteen Thousand Pounds to the poor and was designing great and publick good things And by all appearance if she had lived the Money that was raised by the Suppression of Religious Houses had been better employed than it was In Ianuary she brought forth a dead Son This was thought to have made ill Impressions on the King and that as he concluded from the death of his Sons by the former Queen that the Marriage was displeasing to God so he might upon this misfortune begin to make the like Judgment of this Marriage Sure enough the Popish party were earnestly set against the Queen looking on her as the great supporter of Heresie And at that time Fox then Bishop of Hereford was in Germany at Smalcald treating a League with the Protestant Princes who insisted much on the Ausburg Confession There were many Conferences between Fox and Doctor Barnes and some others with the Lutheran Divines for accommodating the differences between them and the thing was in a good forwardness All which was imputed to the Queen Gardiner was then Ambassador in France and wrote earnestly to the King to dissuade him from entring into any Religious League with these Princes for that would alienate all the World from him and dispose his own Subjects to Rebel The King thought the German-Princes and Divines should have submitted all things to his Judgment and had such an Opinion of his own Learning and was so puft up with the flattering praises that he daily heard that he grew impatient of any opposition and thought that his Dictates should pass for Oracles And because the Germans would not receive them so his mind was alienated from them But the Duke of Norfolk at Court and Gardiner beyond Sea thought there might easily be found a mean to accommodate the King both with the Emperor and the Pope if the Queen were once out of the way for then he might freely Marry any one whom he pleased and that Marriage with the Male Issue of it could not be disputed Whereas as long as the Queen lived her Marriage as being judged Null from the beginning could never be allowed by the Court of Rome or any of that Party with these reasons of State others of affection concurred The Queen had been his Wife Three years but at this time he entertained a secret Love for Iane Seimour who had all the charmes both of Beauty and Youth in her person and her humor was tempered between the severe gravity of Queen Katharine and the gay pleasantness of Queen Anne The Queen perceiving this Alienation of the Kings heart used all possible Arts to recover that affection of whose decay she was sadly sensible But the Success was quite contrary to what she designed For the King
pass that he was believed a Prophet as well as a Saint And the Reformation was now so much opened by his Preaching and that was so confirmed by his death that the Nation was generally possessed with the love of it The Nobility were mightily offended with the Cardinal and said Wisharts death was no less than Murder since the Clergy without a Warrant from the Secular Power could dispose of no mans Life So it came universally to be said that he now deserved to die by the Law yet since he was too great for a Legal Tryal the Kingdom being under the feeble Government of a Regency it was fit private persons should undertake it and it was given out that the killing an Usurper was always esteemed a commendable Action and so in that state of things they thought secret practices might be justified This agreeing so much with the temper of some in that Nation who had too much of the heat and forwardness of their Countrey a few Gentlemen of Quality who had been ill used by the Cardinal conspired his death He was become generally hateful to the whole Nation and the Marriage of his Bastard Daughter to the Earl of Crawfords eldest Son enraged the Nobility the more against him and his carriage towards them all was insolent and provoking These offended Gentlemen came to St. Andrews the 29th of May and the next Morning they and their attendants being but twelve in all first attempted the Gate of his Castle which they found open and made it sure and though there were no fewer than an hundred reckoned to be within the Castle yet they knowing the passages of the House went with very little noise to the Servants Chambers and turned them almost all out of doors and having thus made the Castle sure they went to the Cardinals door He who till then was fast asleep suspecting nothing perceived at last by their rudeness that they were not his friends and made his door fast against them So they sent for fire to set to it upon which he treated with them and upon assurance of Life he opened the door but they rushing in did most cruelly and treacherously Murder him A Tumult was raised in the Town and many of his friends came to rescue him but the Conspirators carryed the dead body and exposed it to their view in the same Window out of which he had not long before lookt on when Wishart was burnt which had been universally censured as a most indecent thing in a Churchman to delighâ— in such a Spectacle But those who condemned this Action yet acknowledged Gods Justice in so exemplary a punishment and reflecting on Wisharts last words were the more confirmed in the opinion they had of his Sanctity This Fact was differently censured some justified it and said it was only the killing of a mighty Robber others that were glad he was out of the way yet condemned the manner of it as treacherous and inhumane And though some of the Preachers did afterwards fly to that Castle as a Sanctuary yet none of them were either Actors or Consenters to it it is true they did generally extenuate it yet I do not find that any of them justified it The exemplary and signal ends of almost all the Conspirators scarce any of them dying an ordinary death made all people the more inclined to condemn it The day after the Cardinal was killed about 140 came into the Castle and prepared for a Siege The House was well furnished in all things necessary and it lying so near the Sea they expected help from King Henry to whom they sent a Messenger for his Assistance and declared for him So a Siege following they were so well supplyed from England that after five months the Governor was glad to treat with them apprehending much the footing the English might have if those within being driven to extremities should receive a Garrison from King Henry They had the Governor also more at their mercy for as the Cardinal had taken his Eldest Son into his house under the pretence of educating him but really as his Fathers Hostage designing likewise to infuse in him a violent hatred of the new Preachers so the Conspirators finding him in the Castle kept him still to help them to better terms A Treaty being agreed on they demanded their pardon for what they had done together with an Absolution to be procured from Rome for the killing of the Cardinal and that the Castle and the Governors Son should remain in their hands till the Absolution was brought over Some of the Preachers apprehending the Clergy might revenge the Cardinals death on them were forced to fly into the Castle but one of them Iohn Rough who was afterwards burnt in England in Queen Maries time being so offended at the licentiousness of the Souldiers that were in the Castle who were a reproach to that which they pretended to favour left them and went away in one of the ships that brought Provisions out of England When the Absolution came from Rome they excepted to it for some words in it that called the killing of the Cardinal Crimen irremissibile an unpardonable crime by which they said the Absolution gave them no security since it was null if the Fact could not be pardoned The truth was they were encouraged from England so they refused to stand to the Capitulation and rejected the Absolution But some ships and Souldiers being sent from France the Castle was besieged at Land and shut up also by Sea and which was worst of all a Plague broke out within it of which many died Upon this no help coming suddenly from England they were forced to deliver up the place on no better terms than that their Lives should be spared but they were to be Banisht Scotland and never to return to it The Castle was demolished according to the Canon Law that appoints all places where any Cardinal is killed to be razed This was not compleated this year and not till two years after only I thought it best to joyn the whole matter together and set it down all at once In November following a New Parliament was held where toward the expence of the Kings Wars the Convocation of the Province of Canterbury granted a continuation of the former Subsidy of six shillings in the pound to be payed in two years But for the Temporality a Subsidy was demanded from them of another kind There were in the Kingdom several Colledges Chappels Chantries Hospitals and Fraternities consisting of Secular Priests who enjoyed Pensions for saying Mass for the Souls of those who had endowed them Now the belief of Purgatory being left indifferent by the Doctrine set out by the Bishops and the Trade of redeeming souls being condemned it was thought needless to keep up so many Endowments to no purpose Those Priests were also generally ill-affected to the Kings proceedings since their Trade was so much lessened by them Therefore many of them had been dealt
places cited from the New Testament As for that of Herod both Iosephus and Eusebius witness that his Brother Philip was alive when he took his wife and so his sin was Adultery and not Incest We must also think that the Incestous Person in Corinth took his Fathers Wife when he was yet living otherwise if he had been dead St. Paul could not say it was a Fornication not named among the Gentiles for we not only find both among the Persians and other Nations the Marriage of Step-Mothers allowed but even among the Iews Adonijah desired Abisha in Marriage who had been his Fathers Concubine From all which they concluded that the Laws about the Degrees of Marriage were only Judiciary Precepts and so there was no other obligation on Christians to obey them than what flowed from the Laws of the Church with which the Pope might dispense They also said that the Law in Leviticus of not taking the Brothers wife must be understood of not taking her while he was alive for after he was dead by another Law a man might marry his Brothers wife They also pleaded that the Popes Power of Dispensing did reach further than the Laws of the Church even to the Law of God for he daily Dispensed with the Breaking of Oaths and Vows though that was expresly contrary to the Second Commandment and though the Fifth Command Thou shalt do no Murther be against Killing yet the Pope Dispensed with the putting Thieves to death and in some cases where the reason of the Commandment does not at all times hold he is the only judge according to Summa Angelica They Concluded the Popes Power of Dispensing was as necessary as his Power of Expounding the Scriptures and since there was a Question made concerning the obligation of these Levitical Prohibitions whether they were Moral and did oblige Christians or not the Pope must be the only Judge There were also some late Presidents found one of P. Martin who in the case of a mans having Marryed his own Sister who had lived long with her upon a Consultation with Divines and Lawyers Confirmed it to prevent the Scandal which the dissolving of it would have given Upon which St. Antonin of Florence says that since the thing was dispensed with it was to be refered to the judgment of God and not to be condemned The Pope had granted this Dispensation upon a very weighty Consideration to keep peace between two great Crowns it had now stood above Twenty years it would therefore raise an high scandal to bring it under debate besides that it would do much hurt and bring the Titles to most Crowns into Controversie But they Concluded that whatever Informalities or Nullities were pretended to be in the Bulls or Breves the Pope was the only competent judge of it and that it was too high a presumption for inferior Prelates to take upon them to examine or discuss it But to these Arguments it was Answered by the writers for the Kings cause that it was strange to see men who pretended to be such Enemies to all Heretical Novelties yet be guilty of that which Catholick Doctors hold to be the foundation of all Heresie which was the setting up of private senses of Scripture and Reasonings from them against the Doctrine and Tradition of the Church It was fully made out that the Fathers and Doctors of the Church did universally agree in this that the Levitical Prohibitions of the Degrees of Marriage are Moral and do oblige all Christians Against this Authority Cajetan was the first that presumed to write opposing his private conceits to the Tradition of the Church which is the same thing for which Luther and his followers are so severely Condemned May it not then be justly said of such men that they plead much for Tradition when it makes for them but reject it when it is against them Therefore all these exceptions are overthrown with this one Maxime of Catholick Doctrine That they are Novelties against the constant Tradition of the Christian Church in all Ages But if the force of them be also examined they will be found as weak as they are New That before the Law these degrees were not observed proves only that they are not evidently contrary to the Common sense of all men But as there are some Moral Precepts which have that natural evidence in them that all men must discern it so there are others that are drawn from publick inconvenience and dishonesty which are also parts of the Law of nature These Prohibitions are not of the first but of the second sort since the Immorality of them appears in this that the Familiarities and freedoms among near Relations are such that if an horror were not struck in men at conjunctures in these degrees Families would be much defiled This is the Foundation of the Prohibitions of Marriages in these degrees Therefore it is not strange if men did not apprehend it before God made a Law concerning it Therefore all examples before the Law show only the thing is not so evident as to be easily collected by the light of Nature And for the story of Iudah and Tamar there is so much wickedness in all the parts of it that it will be very hard to make a President out of any part of it As for the Provision about Marrying the Brothers wiâ—e that only proves the ground of the Law is not of its own Nature Immutable but may be Dispensed with by God in some cases And all these Moral Laws that are founded on publick conveniency and honesty are Dispensable by God in some cases but because Moses did it by Divine Revelation it does not follow that the Pope can do it by his Ordinary Authority For that about Herod it is not clear from Iosephus that Philip was alive when Herod Marryed his Wife For all that Iosephus says is that she separated from her Husband when he was yet alive and divorced her self from him But he does not say that he lived still after she Marryed his Brother And by the Law of Divorce Marriage was at an end and broken by it as much as if the Party had been dead So that in that case she might have Marryed any other Therefore Herods sin in taking her was from the Relation of having been his Brothers Wife And for the Incestuous person in Corinth it is as certain that though some few Instances of a King of Syria and some others may be brought of Sons Marrying their Step-Mothers yet these things were generally ill looked on even where they were practised by some Princes who made their Pleasure their Law Nor could the Laws of Leviticus be understood of not Marrying the Brothers wife when he was alive for it was not Lawful to take any mans Wife from him living Therefore that cannot be the meaning And all those Prohibitions of Marriage in other degrees excluding those Marriages simply whether during the life or after the death of
the Father Son Uncle and other such Relations there is no ground to disjoynt this so much from the rest as to make it only extend to a Marriage before the Husbands death And for any Presidents that were brought they were all in the latter Ages and were never Confirmed by any publick Authority Nor must the Practices of later Popes be laid in the Ballance against the Decisions of former Popes and the Doctrine of the whole Church and as to the Power that was ascribed to the Pope that began now to be enquired into with great Freedom as shall appear afterwards These Reasons on both sides being thus opened the Censures of them it is like will be as different now as they were then for they prevailed very little on the Queen who still persisted to justifie her Marriage and to stand to her Appeal And though the King carryed it very kindly to her in all outward appearance and employed every body that had credit with her to bring her to submit to him and to pass from her Appeal remitting the Decision of the matter to any Four Prelates and Four Secular men in England she was still unmovable and would hearken to no Proposition In the judgments that people passed the Sexes were divided the Men generally approved the Kings cause and the Women favoured the Queen But now the Session of Parliament came on the Sixteenth of Ianuary and there the King first brought in to the House of Lords the Determination of the Universities and the Books that were written for his cause by Forreigners After they were read and Considered there the Lord Chancellor did on the 20th of March with Twelve Lords both of the Spiritualty and Temporalty goe down to the House of Commons and shewed them what the Universities and Learned men beyond Sea had written for the Divorce and produced Twelve Original Papers with the Seals of the Universities to them which Sr. Brian Tuke took out of his hand and read openly in the House Translating the Latine into English Then about an Hundred Books written by Forreign Divines for the Divorce were also showed them none of which were read but put off to another time it being late When that was done the Lord Chancellor desired they would report in their Countries what they had heard and seen and then all men should clearly perceive that the King hath not attempted this matter of Will and Pleasure as strangers say but only for the Discharge of his Conscience and the Security of the Succession to the Crown Having said that he left the House The matter was also brought before the Convocation and they having weighed all that was said on both sides seemed satisfied that the Marriage was unlawful and that the Bull was of no force more not being required at that time But it is not strange that this matter went so easily in the Convocation when another of far greater consequence passed there which will require a â—ull and distinct account Cardinal Wolsey by exercising his Legantine Authority had fallen into a Premunire as hath been already shewn and now those who had appeared in his Courts and had sutes there were found to be likewise in the same guilt by the Law and this matter being excepted out of the Pardon that was granted in the former Parliament was at this time set on foot Therefore an Indictment was brought into the Kings Bench against all the Clergy of England for breaking the Statutes against Provisions or Provisors But to open this more clearly It is to be Considered that the Kings of England having claimed in all Ages a Power in Ecclesiastical Matters equal to what the Roman Emperors had in that Empire they exercised this Authority both over the Clergy and Laity and did at first erect Bishopricks grant Investitures in them call Synods make Laws about Sacred as well as Civil Concerns and in a word they Governed their whole Kingdom Yet when the Bishops of Rome did stretch their Power beyond either the limits of it in the Primitive Church or what was afterward granted them by the Roman Emperors and came to assume an Authority in all the Churches of Europe as they found some Resistance every where so they met with a great deal in this Kingdom and it was with much Difficulty that they gained the Power of giving Investitures Receiving Appeals to Rome and of sending Legates to England with several other things which were long contested but were delivered up at length either by feeble Princes or when Kings were so engaged at home or abroad that it was not safe for them to offend the Clergy For in the first Contest between the Kings and the Popes the Clergy were generally on the Popes side because of the Immunity and Protection they enjoyed from that See but when Popes became ambitious and warlike Princes then new Projects and Taxes were every where set on foot to raise a great Treasure The Pall with many Bulls and high Compositions for them Annates or first Fruits and Tenths were the standing Taxes of the Clergy besides many new ones upon emergent occasions So that they finding themselves thus oppressed by the Popes fled again back to the Crown for Protection which their Predecessors had abandoned From the days of Edward the 1st many Statutes were made to restrain the Exactions of Rome For then the Popes not satisfied with their other oppressions which a Monk of that time lays open fully and from a deep sense of them did by Provisions Bulls and other Arts of that See dispose of Bishopricks Abbeys and lesser Benefices to Forreigners Cardinals and others that did not live in England Upon which the Commonalty of the Realm did represent to the King in Parliament That the Bishopricks Abbeys and other Benefices were founded by the Kings and people of England To inform the people of the Law of God and to make Hospitality Alms and other works of Charity for which end they were endowed by the King and people of England and that the King and his other Subjects who endowed them had upon Voidances the Presentment and Collations of them which now the Pope had Usurped and given to Aliens by which the Crown would be disinherited and the ends of their endowments destroyed with other great Inconveniences Therefore it was ordained that these Oppressions should not be suffered in any manner But notwithstanding this the abuse went on and there was no effectual way laid down in the Act to punish these Transgressions The Court of Rome was not so easily driven out of any thing that either encreased their Power or their Profits Therefore by another Act in his Grand-Child Edward the 3ds time the Commons complained that these abuses did abound and that the Pope did daily reserve to his Collation Church-Preferments in England and raised the first-Fruits with other great Profits by which the Treasure of the Realm was carried out of it