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
years together for before two years elapsed there was a War proclaimed against France and when overtures were made for a Peace it appears by the Treaty-Rolls that the Earl of Worcester was sent over Ambassador And when the Kings sister was sent over to Lewis the French King though Sir Thomas Boleyn went over with her he was not then so much considered as to be made an Ambassador For in the Commission that was given to many persons of Quality to deliver her to her Husband King Lewis the 12 Sir Thomas Boleyn is not named The persons in the Commission are the Duke of Norfolk the Marquess of Dorchester the Bishop of Duresm the Earls of Surrey and Worcester the Prior of St. Iohns and Doctor West Dean of Windsor A year after that Sir Thomas Boleyn was made Ambassador but then it was too late for Anne Boleyn to be yet unborn much less could it be as Sanders says that she was born two years after it But the Learned Camden whose Study and Profession led him to a more particular knowledg of these things gives us another account of her birth He says that she was born in the year 1507. which was two years before the King came to the Crown And if it be suggested that then the Prince to enjoy her Mother prevailed with his Father to send her Husband beyond Sea that must be done when the Prince himself was not 14 years of Age so they must make him to have corrupted other mens wives at that Age when yet they will not allow his Brother no not when he was 2 years older to have known his own wife But now I leave this foul Fiction and go to deliver certain Truths· Anne Boleyn's Mother was Daughter to the Duke of Norfolk and Sister to the Duke that was at the time of the Divorce Lord Treasurer Her Fathers Mother was one of the Daughters and heirs to the Earl of Wiltshire and Ormond and her great Grand-Father Sir Geofry Boleyn who had been Lord Major of London Married one of the Daughters and Heirs of the Lord Hastings and their Family as they had mixed with so much great Blood so had Married their Daughters to very Noble Families She being but seven years old was carried over to France with the Kings Sister which shews she could have none of those deformities in her person since such are not brought into the Courts and Families of Queens And though upon the French Kings Death the Queen Dowager came soon back to England yet she was so liked in the French Court that the next King Francis his Queen kept her about her self for some years and after her death the Kings Sister the Dutchess of Alenson kept her in her Court all the while she was in France which as it shews there was somewhat extraordinary in her person so those Princesses being much celebrated for their vertues it is not to be imagined that any person so notoriously defamed as Sanders would represent her was entertained in their Courts When she came into England is not so clear it is said that in the year 1522. when War was made on France her Father who was then Ambassador was recalled and brought her over with him which is not improbable but if she came then she did not stay long in England for Camden says that she served Queen Claudia of France till her death which was in Iuly 1524 and after that she was taken into service by K Francis his Sister How long she continued in that service I do not find but it is probable that she returned out of France with her Father from his Embassy in the year 1527. when as Stow says he brought with him the Picture of her Mistress who was offered in Marriage to this King If she came out of France before as those Authors before-mentioned say it appears that the King had no design upon her then because he suffered her to return and when one Mistress died to take another in France but if she stayed there all this while then it is probable he had not seen her till now at last when she came out of the Princess of Alenson's service but whensoever it was that she came to the Court of England it is certain that she was much considered in it And though the Queen who had taken her to be one of her Maids of Honour had afterwards just cause to be displeased with her as her Rival yet she carried her self so that in the whole Progress of the Sute I never find the Queen her self or any of her Agents fix the least ill Character on her which would most certainly have been done had there been any just cause or good colour for it And so far was this Lady at least for some time from any thoughts of Marrying the King that she had consented to Marry the Lord Piercy the Earl of Northumberland's eldest Son whom his Father by a strange compliance with the Cardinals vanity had placed in his Court and made him one of his servants The thing is considerable and clears many things that belong to this History and the Relator of it was an Ear-witness of the Discourse upon it as himself informs us The Cardinal hearing that the Lord Piercy was making addresses to Anne Boleyn one day as he came from the Court called for him before his servants before us all says the Relator including himself and chid him for it pretending at first that it was unworthy of him to match so meanly but he justified his choice and reckoned up her birth and Quality which he said was not inferior to his own And the Cardinal insisting fiercely to make him lay down his pretensions he told him he would willingly submit to the King and him but that he had gone so far before many witnesses that he could not forsake it and knew not how to discharge his conscience and therefore he entreated the Cardinal would procure him the Kings favour in it Upon that the Cardinal in great rage said why thinkest thou that the King and I know not what we have to do in so weighty a matter yes I warrant you but I can see in thee no submission at all to the purpose and said you have matched your self with such a one as neither the King nor yet your Father will agree to it and therefore I will send for thy Father who at his coming shall either make thee break this unadvised bargain or disinherit thee for ever To which the Lord Piercy replyed That he would submit himself to him if his Conscience were discharged of the weighty burden that lay upon it and soon after his Father coming to Court he was diverted another way Had that Writer told us in what year this was done it had given a great light to direct us but by this relation we see that she was so far from thinking of the King at that time that she had
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
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
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
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
to effect any other way they advised the King to beware of such Counsels They also proposed that there might be a Conference agreed on between such Divines as the King would name and such as they should depute to meet either in Gueldres Hamburgh Bremen or any other place that should be appointed by the King to examine the Lawfulness of private Masses of denying the Chalice and the Prohibiting the Marriage of the Clergy On these things they continued treating till the Divorce of Anne of Cleve and Cromwells fall after which I find little Correspondence between the King and them Ad Page 256. line 4. When I mentioned the Kings Letters directing the Bishops how to proceed in a Reformation I had not seen them but I have since seen an Original of them subscribed by the Kings hand In these he challenged the Clergy as guilty of great Indiscretions that the late Rebellion had been occasioned by them therefore he required the Bishops to take care that the Articles formerly published should be exactly obeyed and to go over their Dioceses in person and preach Obedience to the Laws and the good ends of those Ceremonies that were then retained that the people might neither despise them nor put too much trust in them and to silence all disputes and contentions concerning things indifferent and to signifie to the Kings Council if there were any Priests in their Diocesses that were Marryed and yet did discharge any part of the Priestly Office All which will be better understood by the Letter it self that I have put into the Collection Ad Page 258. line 8. I do there acknowledg that I knew not what Arguments were used against the necessity of Auricular Confession But I have made since that time a Considerable discovery in this particular from an Original Letter written all with the Kings own hand to Tonstal by which it appears there had been conferences in the House and that the Arch-Bishop of York the Bishop of Winchester and Duresm had pleaded much for it as necessary by a Divine Institution and that both the King and the Arch-Bishop of Canterbury had maintained that though it was good and profitable yet it was not necessary by any precept of the Gospel and that though the Bishops brought several texts out of Scripture and Ancient Doctors yet these were so clearly answered by the King and the Arch-Bishop that the whole House was satisfied with it Yet Tonstall drew up in a writing all the reasons he had made use of in that debate and brought them to the King which will be found in the Collection with the Anotations and reflections which the King wrote on the Margent with his own hand taken from the Original together with the Kings Letter written in answer to them By this it will appear that the King did set himself much to study points of Divinity and examined matters with a scrupulous exactness The issue of the debate was that though the Popish party endeavoured to have got Auricular Confession declared to be Commanded by Christ as a part of the Sacrament of Pennance yet the King overruled that so it was enacted that Auricular Confession was necessary and expedient to be retained in the Church of God These debates were in the House of Lords which appears not only by the Kings Letter that speaks of the House but by the Act of Parliament in the Preamble of which it is said that the King had come himself to the Parliament and had opened several points of high Learning to them Ad Page 262. line 23. There I mention the Kings diligence in drawing an Act of Parliament with his own hand but since that was Printed I have seen many other Acts and Papers if not Originally Penned by the King yet so much altered by his Corrections that in some sort they may be esteemed his draughts There are two draughts of the Act of the six Articles both corrected in many places by the King and in some of these the Correction is three lines long There is another Act concerning Precontracts of Marriage likewise Corrected very much by his Pen. Many draughts of Proclamations particularly these about the use of the Bible in English are yet extant interlined and altered with his Pen. There is a large Paper written by Tonstall of arguments for Purgatory with Copious Animadversions on it likewise written by the King which shew that then he did not believe there was a Purgatory I have also seen the draught of that part of the Necessary Erudition for a Christian man which explains the Creed full of Corrections with the Kings own Pen as also the Queries concerning the Sacraments mentioned page 289. with large Annotations written with his hand on the Margent likewise an Extract all written with his own hand of passages out of the Fathers against the Marriage of the Clergy and to conclude there is a Paper with which the Collection ends containing the true Notion of the Catholick Church which has large Emendations added with the Kings hand those I have set by themselves on the Margent of the Paper A TABLE OF THE CONTENTS OF THE HISTORY BOOK I. A Summary View of King Henry the Eighth's Reign till the Process of his Divorce was begun in which the State of England chiefly as it related to Religion is opened KING Henry's Succession to the Crown pag. 1 He proceeds against Dudley and Empson ibid He holds a Parliament p. 2 His great Expence ibid Affairs beyond Sea p. 3 A Peace and Match with France ibid He offers his Daughter to the Dolphin ibid The King of Spain chosen Emperor ib He comes to England p. 4 A second War with France ibid Vpon Leo the 10th's death Hadrian chosen Pope ibid He dies and Clement the 7th succeeds ib Charles the 5th at Windsor contracted to the Kings Daughter p. 5 But breaks his Faith ibid The Clementine League ibid Rome taken and sackt p. 6 The Pope is made a Prisoner ibid. The Kings success against Scotland ibid. A Facâ—ion in his Counsels p. 7 Cardinal Wolseys rising ibid. His Preferments p. 8 The Character of the Dukes of Norfolk and Suffolk p. 9 Cardinal Wolsey against Parliaments p. 10 The Kings breeding in Learning ibid. He is flattered by Scollars p. 11 The Kings Prerogative in Ecclesiastical affairs ibid. It was still kept up by him p. 12 A Contest concerning Immunities ibid. A Publick debate about them p. 13. Hunne Murdered in Prison p. 14 The Proceedings upon that p. 15 The King much courted by Popes p. 18 And declared Defender of the Faith p. 19 The Cardinal absolute in England ibid. He designed to Reform the Clergy ibid. And to Suppress Monasteries p. 20 The several kinds of Convocations ibid. The Clergy grant a Subsidy to the King p. 21 Of the State of Monasteries ibid. The Cardinal founds two Colledges p. 22 The first beginning of Reformation in England p. 23 The Cruelties of the Church of Rome ibid.
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
the whole Matter that I hope the Reader will not be ill pleased to have a short abstract of them laid before him An Abstract of those things which were written for the Divorce The Law of Marriage was originally given by God to Adam in the state of Innocence with this Declaration that man and wife were one Flesh but being afterwards corrupted by the Incestuous commixtures of those which were of Kin in the nearest degrees the Primitive Law was again revived by Moses And he gives many Rules and Prohibitions about the Degrees of Kinred and Affinity which are not to be looked on as new Laws and judiciary Precepts but as a Restoring of the Law of Nature originally given by God but then much corrupted For as the Preface which is so oft repeated before these Laws I am the Lord insinuates that they were conform to the Divine Nature so the consequences of them show they were Moral and Natural For the Breaches of them are called Wickedness and Abomination and are said to defile the Land and the Violation of them is charged on the Canaanites by which the Land was polluted and for which it did vomit out the Inhabitants From whence it must be concluded that these were not positive Precepts which did only bind the Iews but were parts of the Law of Mankind and Nature otherwise those Nations could contract no Guilt by their Violating them Among the forbidden Degrees one is Thou shalt not discover the Nakedness of thy Brothers wife it is thy Brothers Nakedness And it is again repeated If a man shall take his Brothers wife it is an unclean thing he hath uncovered his Brothers Nakedness they shall be childless These are clear and express Laws of God which therefore must needs oblige all persons of what rank soever without exception In the New Testament St. Iohn Baptist said to Herod It is not Lawful for thee to take thy Brothers wife which shows that these Laws of Moses were still obligatory St. Paul also in his epistle to the Corinthians condemns the Incestuous person for having his Fathers wife which is one of the Degrees forbidden by the Law of Moses and calls it a Fornication not so much as named among the Gentiles From whence it is inferred that these forbidden degrees are excluded by the Law of Nature since the Gentiles did not admit them St. Paul also calling it by the common name of Fornication within which according to that place all undue Commixtures of men and women are included Therefore those places in the New Testament that condemn Fornication do also condemn Marriages in forbidden degrees our Saviour did also assert the foundation of affinity by saying that man and wife are one Flesh. But in all Controverted things the sense of the Scriptures must be taken from the Tradition of the Church which no good Catholick can deny and that is to be found in the Decrees of Popes and Councils and in the writings of the Fathers and Doctors of the Church against which if any argue from their private understanding of the Scriptures it is the way of Heresie and savours of Lutheranism The first of the Fathers who had occasion to write of this Matter was Tertullian who lived within an Age after the Apostles He in express words says that the Law of not Marrying the Brothers wife did still oblige Christians The first Pope whose decision was sought in this Matter was Gregory the Great to whom Austin the Apostle of England wrote for his resolution of some things in which he desired direction and one of these is Whether a man may Marry his Brothers wife who in the Language of that time was called his Kinswoman The Pope answered Negatively and proved it by the Law of Moses and therefore Defined that if any of the English Nation who had Marryed within that degree were converted to the Faith he must be admonished to abstain from his wife and to look on such a Marriage as a most grievous Sin From which it appears that that good Pope did judge it a thing which by no means could be dispenced with otherwise he had not pressed it so much under such Circumstances since in the first Conversion of a Nation to the Christian Faith the Insisting too much upon it might have kept back many from receiving the Christian Religion who were otherwise well inclined to it Calixtus Zacarias and Innocent the Third have plainly asserted the obligation of these Precepts in the Law of Moses the last particularly who treats about it with great vehemency So that the Apostolick See has already judged the Matter Several Provincial Councils have also declared the obligation of the Precepts about the degrees of Marriage in Leviticus by the Council at Neocesarea If a woman had been Marryed to two Brothers she was to be cast out of the Communion of the Church till her death and thâ— man that Marryed his Brothers wife was to be Anathematized which was also Confirmed in a Council held by Pope Gregory the Second Iâ— the Council of Agde where the Degrees that make a Marriage incestuous are reckoned this of Marrying the Brothers wife is one of them and there it was Decreed that all Marriages within these Degrees were Null and the Parties so Contracting were to be cast out of the Communion of the Church and put among the Catechumens till they separated themselves from one another And in the Second Council of Toledo the Authority of the Mosaical Prohibitions about the Degrees of Marriage is acknowledged It was one of Wickcliffs errors that the Prohibition of Marriage within such degrees was without any foundation in the Law of God for which and other points he was condemned first in a Convocation at London then at Oxford and last of all at the general Council of Constance these Condemnations were confirmed So formally had the Church in many Provincial Councils and in one that was General decided this matter Next to these the Opinions of the Fathers were to be considered In the Greek Church Origen first had occasion to Treat about it writing on Leviticus and Chrysostome after him but most fully St. Basil the Great who do expressly assert the obligations of these Precepts The last particularly refuting at great length the Opinion of some who thought the Marrying two Sisters was not unlawful laies it down as a Foundation That the Laws in Leviticus about Marriage were still in force Hesychius also writing upon Leviticus proves that these Prohibitions were universally obligatory because both the Egyptians and Cananites are taxed for Marrying within these Degrees From whence he inferrs they are of Moral and Eternal obligation From the Greek they went to the Latine Fathers and alledged as was already observed that Tertullian held the same Opinion and with him agreed the three great Doctors of the Latin Church Ambrose Ierom and