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
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
Cardinal to oppose the Match with England since they looked for ruine if it succeeded The Queen being a sister of Guise and bred in the French Court was wholly for their Interests and all that had been obliged by that Court or depended on it were quickly drawn into the Party It was also said to every body that it was much more the Interest of Scotland to match with France than with England If they were united to France they might expect an easie Government For the French being at such distance from them and knowing how easily they might throw themselves into the Armes of England would certainly rule them gently and avoid giving them great Provocations But if they were united to England they had no remedy but must look for an heavier yoke to be laid on them This meeting with the rooted Antipathy that by a long continuance of War was grown up among them to a savage hatred of the English Nation and being inflamed by the considerations of Religion raised an universal dislike of the Match with England in the greatest part of the whole Nation only a few men of greater Probity who were weary of the depredations and Wars in the Borders and had a liking to the Reformation of the Church were still for it The French Court struck in vigorously with their Party in Scotland and sent over the Earl of Lenox who as he was next in blood to the Crown after the Earl of Arran so was of the same family of the Stewarts which had endeared him to the late King He was to lead the Queens party against the Hamiltons Yet they employed another Tool which was Iohn Hamilton base Brother to the Governor who was afterwards Arch-Bishop of St. Andrews He had great power over his Brother who being then not above four and twenty years of age and having been the only lawful Son of his Father in his old age was never bred abroad and so understood not the Policies and arts of Courts and was easily abused by his base Brother He assured him that if he went about to destroy Religion by matching the Queen to an Heretical Prince they would depose him from his Government and declare him Illegitimate There could be indeed nothing clearer than his Fathers Divorce from his first Wife For it had been formerly proved that she had been married to the Lord Yesters Son before he married her who claimed her as his Wife upon which her Marriage with the Earl of Arran was declared Null in the year 1507. And it was ten years after that the Earl of Arran did Marry the Governors Mother Of which things the Original Instruments are yet extant Yet it was now said that that Precontract with the Lord Yesters Son was but a forgery to dissolve that Marriage and if the Earl of Lenox who was next to the Crown in case the Earl of Arran was Illegitimated should by the assistance of France procure a review of that Process from Rome and obtain a Revocation of that Sentence by which his Fathers first Marriage was annulled then it was plain that the second marriage with the issue by it would be of no force All this wrought on the Governor much and at length drew him off from the Match with England and brought him over to the French Interests Which being effected there was no further use of the Eaâ—l of Lâ—nnox so he finding himself neglected by the Queen and the Cardinal and abandoned by the Crown of France fled into England where he was very kindly received by the King who gave him in marriage his Neece Lady Margaret Dowglass whom the Queen of Scotland had born to the Earl of Angus her second Husband From which Marriage issued the Lord Darnly Father to King Iames. When the Lords of the French Faction had carried things to their mind in Scotland it was next considered what they should do to redeem the Hostages whom the Lords who were Prisoners in England had left behind them And for this no other Remedy could be found but to let them take their hazard and leave them to the King of England's mercy To this they all agreed only the Earl of Cassilis had too much Honour and Vertue to do so mean a thing Therefore after he had done all he could for maintaining the Treaty about the Match he went into England and offered himself again to be a Prisoner But as generous actions are a reward to themselves so they often meet with that entertainment which they deserve And upon this occasion the King was not wanting to express a very great value for that Lord. He called him another Regulus but used him better For he both gave him his Liberty and made him noble Presents and sent him and his Hostages back being resolved to have a severer reparation for the injury done him All which I have opened more fully because this will give a great light to the affairs of that Kingdom which will be found in the Reigns of the succeeding Princes to have a great intermixture with the affairs of this Kingdom Nor are they justly represented by any who write of these times and having seen some Original Papers relating to Scotland at that time I have done it upon more certain information The King of England made War next upon France The grounds of this War are recited by the Lord Herbert One of these is proper for me to repeat That the French King had not deserted the Bishop of Rome and consented to a Reformation as he had once Promised The rest related to other things such as the seizing our Ships The detaining the yearly Pension due to the King The Fortifying Ardres to the prejudice of the English pale The revealing the Kings secrets to the Emperor The having given first his Daughter and then the Duke of Guises Sister in Marriage to his Enemy the King of Scotland and his confederating himself with the Turk And Satisfaction not being given in these particulars a War is declared In Iuly the King married Katharine Parre who had been formerly married to Nevil Lord Latimer She was a secret Favourer of the Reformation yet could not divert a storm which at this time fell on some in Windsor For that being a place to which the King did oft retire it was thought fit to make some examples there And now the League with the Emperour gave the Popish Faction a greater interest in the Kings Counsels There was at this time a Society at Windsor that favoured the Reformation Anthony Person a Priest Robert Testwood and Iohn Marbeck Singing Men and Henry Filmer of the Town of Windsor were the chief of them But those were much favoured by Sir Philip Hâ—bby and his Lady and several others of the Kings Family During Crâ—â—â—els power none questioned them but after his fall they were looked on with an ill eye Doctor Londâ—n who had by the most servile Flatteries insinuated himself into Cromâ—el and was much employed
of whom some perhaps were damn'd Souls and others were never in being These arts being detected and withal their great Viciousness in some places and in all their great abuse of the Christian Religion made it seem unfit they should be continued But it was their dependence on the See of Rome which as the state of things then was made it necessary that they should be supprest New Foundations might have done well and the scantness of those considering the number and wealth of those which were suppressed is one of the great blemishes of that Reign But it was in vain to endeavour to amend the old ones Their numbers were so great their Riches and Interests in the Nation so considerable that a Prince of Ordinary mettal would not have attempted such a design much less have compleated it in Five years time With these fell the Superstition of Images Reliques and the Redemption of Souls out of Purgatory And those Extravagant Addresses to Saints that are in the Roman Offices were thrown out only an Ora pro nobis was kept up and even that was left to the liberty of Priests to leave it out of the Litanies as they saw cause These were great preparations for a Reformation But it went further and two things were done upon which a greater Change was reasonably to be expected The Scriptures were Translated into the English tongue and set up in all Churches and every one was admitted to read them and they alone were declared the Rule of Faith This could not but open the eyes of the Nation who finding a profound silence in these writings about many things and a direct opposition to other things that were still retained must needs conclude even without deep Speculations or nice Disputing that many things that were still in the Church had no ground in Scripture and some of the rest were directly contrary to it This Cranmer knew well would have such an operation and therefore made it his chief business to set it forward which in Conclusion he happily effected Another thing was also established which opened the way to all that followed That every National Church was a Compleat Body within it self so that the Church of England with the Authority and Concurrence of their Head and King might examine and Reform all Errors and Corruptions whether in Doctrine or Worship All the Provincial Councils in the ancient Church were so many Precedents for this who condemned Heresies and Reformed abuses as the occasion required And yet these being all but parts of one Empire there was less reason for their doing it without staying for a General Council which depended upon the pleasure of one man the Roman Emperor than could be pretended when Europe was divided into so many Kingdoms By which a common Concurrence of all these Churches was a thing scarce to be expected and therefore this Church must be in a very ill Condition if there could be no endeavours for a Reformation till all the rest were brought together The Grounds of the new-Covenant between God and man in Christ were also truly stated and the terms on which Salvation was to be hoped for were faithfully opened according to the New-Testament And this being in the strict notion of the word the Gospel and the glad tidings preached through our Blessed Lord and Saviour it must be confessed that there was a great Progress made when the Nation was well instructed about it though there was still an alloy of other Corruptions embasing the Purity of the Faith And indeed in the whole progress of these changes the Kings design seemed to have been to terrifie the Court of Rome and cudgel the Pope into a Compliance with what he desired for in his heart he continued addicted to some of the most extravagant Opinions of that Church such as Transubstantiation and the other Corruptions in the Mass so that he was to his lives end more Papist than Protestant There are two Prejudices which men have generally drunk in against that time The one is from the Kings great Enormities both in his personal Deportment and Government which make many think no good could be done by so ill a man and so cruel a Prince I am not to defend him nor to lessen his faults The vastness and irregularity of his Expence procured many heavy Exactions and twice extorted a publick Discharge of his debts embased the Coin with other Irregularities His proud and impatient Spirit occasioned many cruel proceedings The taking so many lives only for denying his Supremacy particularly Fisher's and More 's the one being extreme old and the other one of the Glories of his Nation for Probity and Learning The taking advantage from some Eruptions in the North to break the Indempnity he had before proclaimed to those in the Rebellion even though they could not be proved Guilty of those second disorders His extreme Severity to all Cardinal Pool's Family his cruel using first Cromwel and afterwards the Duke of Norfolk and his Son besides his un-exampled Proceedings against some of his Wives and that which was worst of all The laying a Precedent for the subversion of Iustice and oppressing the clearest Innocence by attaining men without hearing them These are such remarkable blemishes that as no man of ingenuity can go about the whitening them so the poor Reformers drunk so deep of that bitter cup that it very ill becomes any of their followers to endeavour to give fair Colours to those red and bloody Characters with which so much of his Reign is stained Yet after all this sad enumeration it was no new nor unusual thing in the methods of Gods Providence to employ Princes who had great mixtures of very gross faults to do signal things for his Service Not to mention David and Solomon whose sins were expiated with a severe Repentance it was the bloody Cyrus that sent back the Iews to their Land and gave them leave to re-build their Temple Constantine the Great is by some of his Enemies charged with many blemishes both in his Life and Government Clovis of France under whom that Nation received the Christian Faith was a monster of Cruelty and Perfidiousness as even Gregory of Tours represents him who lived near his time and nevertheless makes a Saint of him Charles the Great whom some also make a Saint both put away his wife for a very slight cause and is said to have lived in most unnatural lusts with his own Daughter Irene whom the Church of Rome magnifies as the Restorer of their Religion in the East did both contrary to the Impressions of Nature and of her Sex put out her own Sons eyes of which he died soon after with many other execrable things And whatever Reproaches those of the Church of Rome cast on the Reformation upon the account of this Kings faults may be easily turned back on their Popes who have never failed to court and extol Princes that served their ends how gross and scandalous soever their
Cardinal A King of France desired a Dispensation to Marry his Wives Sister The matter was long considered of and debated in the Rota himself being there and bearing a share in the Debate but it was concluded That if any Pope either out of Ignorance or being Corrupted had ever granted such a Dispensation that could be no president or warrant for doing the like any more since the Church ought to be governed by Laws and not by such Examples Antonin and Ioannes de Tabia held the same And one Bacon an English-man who had taught the contrary was censured for it even at Rome and he did retract his Opinion and acknowledged that the Pope could not dispence with the Degrees of Marriage forbidden by the Law of God The Canonists agree also to this both Ioannes Andreas Ioannes de Imola and Abbas Panormitanus assert it saying That the Precepts in Leviticus oblige for ever and therefore cannot be dispenced with And Panormitan says These things are to be observed in Practice because great Princes do often desire Dispensations from Popes Pope Alexander the 3d. would not suffer a Citizen of Pavia to Marry his younger Son to the Widow of his eldest Son though he had Sworn to do it For the Pope said it was against the Law of God therefore it might not be done and he was to repent of his unlawful Oath And for the Power of dispencing even with the Laws of the Church by Popes it was brought in in the latter Ages All the Fathers with one consent believed That the Laws of God could not be dispenced with by the Church for which many places were cited out of St. Cyprian Basil Ambrose Isidore Bernard and Urban Fabian Marcellus and Innocent that were Popes besides an infinite number of latter Writers And also the Popes Zosimus Damasus Leo and Hilarius did freely acknowledge they could not change the Decrees of the Church nor go against the Opinions or Practices of the Fathers And since the Apostles confessed they could do nothing against the truth but for the truth the Pope being Christs Vicar cannot be supposed to have so great a Power as to abrogate the Law of God and though it is acknowledged that he is Vested with a fulness of Power yet the phrase must be restrained to the matter of it which is the Pastoral care of Souls And though there was no Court Superiour to the Popes yet as St. Paul had withstood St. Peter to his face so in all Ages upon several occasions holy Bishops have refused to comply with or submit to Orders sent from Rome when they thought the matter of them unlawful Laurence that Succeeded Austin the Monk in the See of Canterbury having Excommunicated King Edbald for an Incestuous Marriage would not Absolve him till he put away his Wife though the Pope plied him earnestly both by Intreaties and Threatnings to let it alone and Absolve him Dunstan did the like to Count Edwin for an other Incestuous Marriage nor did all the Popes Interposition make him give over They found many other such instances which occurred in the Ecclesiastical History of Bishops proceeding by Censures and other Methods to stop the course of Sin notwithstanding any encouragement the Parties had from Popes And it is certain that every man when he finds himself engaged in any course which is clearly sinful ought presently to forsake it according to the opinion of all Divines And therefore the King upon these Evidences of the unlawfulness of his Marriage ought to abstain from the Queen and the Arch-Bishop of Canterbury with the other Bishops ought to require him to do it otherwise they must proceed to Church Censures Many things were also brought from reason or at least the Maximes of the School Philosophy which passed for true reason in those days to prove Marriage in the degrees forbidden by Moses to be contrary to the Law of Nature and much was alledged out of Profane Authors to show what an abhorrency some Heathen Nations had of Incestuous Marriages And whereas the chief strength of the Arguments for the contrary opinion rested in this That these Laws of Moses were not confirmed by Christ or his Apostles in the New Testament To that they answered That if the Laws about Marriage were Moral as had been proved then there was no need of a particular Confirmation since those Words of our Saviour I came not to destroy the Law but to fulfil it do confirm the whole Moral Law Christ had also expresly asserted the Relation of Affinity saying That man and wife are one Flesh. St. Paul also condemned a Match as Incestuous for Affinity But though it were not expresly set down in the Gospel yet the Traditions of the Church are received with equal Authority to written Verities This the Court of Rome and all the Learned Writers for the Catholick Faith lay down as a Fundamental Truth And without it how could the Seven Sacraments some of which are not mentioned in the New Testament with many other Articles of Catholick Belief be maintained against the Hereticks The Tradition of the Church being so full and formal in this particular must take place And if any Corruptions have been brought in by some Popes within an Age or two which have never had any other Authority from the Decrees of the Church or the Opinions of Learned men they are not to be maintained in opposition to the Evidence that is brought on the other side This I have summed up in as short and Comprehensive words as I could Being the Substance of what I gathered out of the Printed Books and Manuscripts for the Kings cause But the Fidelity of an Historian leads me next to open the arguments that were brought against it by those who wrote on the other side for the Queens cause to prove the validity of the Marriage and the Popes Power of Dispensing with a Marriage in that degree of Affinity I could never by all the search I have made see either MSS. or Printed Books that defended their Cause except Cajetans and Victorias Books that are Printed in their works But from an answer that was written to the Bishop of Rochesters Book and from some other writings on the other side I gather the Substance of their arguments to have been what follows Cardinal Cajetan had by many arguments endeavored to prove that the Prohibitions in Leviticus were not parts of the Moral Law They were not observed before the Law no not by the holy seed Adams Children Married one another Abraham Married his Sister Iacob Married two Sisters Iudah gave his two Sons to Tamar and promised to give her the third for her Husband By the Law of Moses a Dispensation was granted in one case for Marrying the Brothers wife which shows the Law was not Moral otherwise it could not be dispenced with and if Moses dispensed with it why might not the Pope as well do it nor was there any force in the
durst adventure on making any complaints against her Yet the Kings distempers encreasing and his peevishness growing with them he became more uneasie and whereas she had frequently used to talk to him of Religion and defend the Opinions of the Reformers in which he would sometimes pleasantly maintain the Argument now becoming more impatient he took it ill at her hands And she had sometimes in the heat of discourse gone very far So one night after she had left him the King being displeased vented it to the Bishop of Winchester that stood by And he craftily and maliciously struck in with the Kings anger and said all that he could devise against the Queen to drive his resentments higher and took in the Lord Chancellor into the design to assist him They filled the Kings head with many stories of the Queen and some of her Ladies and said They had favoured Anne Askew and had Heretical Books amongst them and he perswaded the King that they were Traitors as well as Hereticks The matter went so far that Articles were drawn against her which the King Sigâ—ed for without that it was not safe for any to Impeach the Queen But the Lord Chancellor putting up that Paper carelesly it dropt from him And being taken up by one of the Queens Party was carryed to her Whether the King had really designed her ruin or not is differently represented by the Writers who lived near that time But she seeing his hand to such a Paper had reason to conclude her self lost Yet by advice of one of her Friends she went to see the King who receiving her kindly set on a Discourse about Religion But she answered that women by their first Creation were made subject to men and they being made after the Image of God as the Women were after their Image ought to instruct their Wives who were to learn of them and she much more was to be taught by his Majesty who was a Prince of such excellent Learning and Wisdom Not so by St. Mary said the King you are become a Doctor able to Instruct us and not to be Instructed by us To which she answered That it seemed he had much mistaken the freedom she had taken to argue with him since she did it partly to engage him in discourse and so put over the time and make him forget his pain and partly to receive Instructions from him by which she had profited much And is it even so said the King then we are friends again So he embraced her with great affection and sent her away with very tender assurances of his constant Love to her But the next day had been appointed for carrying her and some of her Ladies to the Tower The day being fair the King went to take a little air in the Garden and sent for her to bear him company As they were together the Lord Chancellor came in having about forty of the Guard with him to have arrested the Queen But the King stept aside to him and after a little discourse he was heard to call him Knave Fool and Beast and he bade him get him out of his Sight The Innocent Queen who understood not that her danger was so near studied to mitigate the Kings displeasure and interceded for the Lord Chancellor But the King told her she had no reason to plead for him So this design miscarried which as it absolutely disheartned the Papists so it did totally alienate the King from them and in particular from the Bishop of Winchester whose sight he could never after this endure But he made an humble Submission to the King which though it preserved him from further punishment yet could not restore him to the Kings favour But the Duke of Norfolk and his Son the Earl of Surrey fell under a deeper Misfortune The Duke of Norfolk had been long Lord Treasurer of England He had done great services to the Crown on many signal Occasions and success had always accompanied him His Son the Earl of Surrey was also a brave and noble person Witty and Learned to an high degree but did not command Armies with such Success He was much provoked at the Earl of Hertfords being sent over to France in his room and upon that had said That within a little-while they should smart for it with some other expressions that savoured of Revenge and a dislike of the King and a hatred of the Counsellors The Duke of Norfolk had endeavoured to ally himself to the Earl of Hertford and to his Brother Sir Thomas Seimour perceiving how much they were in the Kings favour and how great an Interest they were like to have under the succeeding Prince And therefore would have engaged his Son being then a Widower to Marry that Earls Daughter And pressed his Daughter the Dutchess of Richmond Widow to the Kings Natural Son to Marry Sir Thomas Seimour But though the Earl of Surrey advised his Sister to the Marriage projected for her yet he would not consent to that designed for himself nor did the Proposition about his Sister take effect The Seimours could not but see the Enmity the Earl of Surrey bore them and they might well be jealous of the Greatness of that Family which was not only too big for a Subject of it self but was raised so high by the dependence of the whole Popish Party both at home and abroad that they were like to be very dangerous Competitors for the chief Government of Affairs if the King were once out of the way whose disease was now growing so fast upon him that he could not live many weeks Nor is it unlikely that they perswaded the King that if the Earl of Surrey should marry the Lady Mary it might embroil his Sons Government and perhaps ruine him And it was suggested That he had some such high project in his thoughts both by his continuing unmarried and by his using the Armes of Edward the Confessor which of late he had given in his Coat without a Diminution But to compleat the Duke of Norfolks ruin his Dutchess who had complained of his using her ill and had been separated from him about four years turned Informer against him His Son and Daughter were also in ill terms together So the Sister Informed all that she could against her Brother And one Mrs Holland for whom the Duke was believed to have an unlawful affection discovered all she knew but all amounted to no more than some passionate Expressions of the Son and some Complaints of the Father who thought he was not beloved by the King and his Councellors and that he was ill used in not being trusted with the secret of affairs And all persons being encouraged to bring Informations against them Sr. Richard Southwell charged the Earl of Surreâ— in some points that were of a higher nature which the Earl denied and desired to be admitted according to the Martial Law to fight in his shirt with Southwel But that not being granted he and his
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