The Reign of Henry the Eighth Part 35

--LORD HERBERT, p. 140.

[397] _State Papers_, vol. vii. p. 394, etc.

[398] The obtaining the opinion in writing of the late Cardinal of Ancona, and submitting it to the emperor. This minister, the most aged as well as the most influential member of the conclave, had latterly been supposed to be inclined to advise a conciliatory policy towards England; and his judgment was of so much weight that it was thought likely that the emperor would have been unable to resist the publication of it, if it was given against him. At the critical moment of the Bologna interview this cardinal unfortunately died: he had left his sentiments, however, in the hands of his nephew, the Cardinal of Ravenna, who, knowing the value of his legacy, was disposed to make a market of it. It was a knavish piece of business.

The English amba.s.sadors offered 3000 ducats; Charles bid them out of the field with a promise of church benefices to the extent of 6000 ducats; he did not know precisely the terms of the judgment, or even on which side it inclined, but in either case the purchase was of equal importance to him, either to produce it or to suppress it. The French and English amba.s.sadors then combined, and bid again with church benefices in the two countries, of equal value with those offered by Charles, with a promise of the next English bishopric which fell vacant, and the original 3000 ducats as an initiatory fee. There was a difficulty in the transaction, for the cardinal would not part with the paper till he had received the ducats, and the amba.s.sadors would not pay the ducats till they had possession of the paper.

The Italian, however, proved an overmatch for his antagonists. He got his money, and the judgment was not produced after all.--_State Papers_, vol.

vii. pp. 397-8, 464. BURNET, vol. iii. p. 108.

[399] Bennet to Henry VIII.: _State Papers_, vol. vii. p. 402.

[400] Sir Gregory Ca.s.salis to the King: _Rolls House M.S._, endorsed by Henry, Litterae in Pontificis dicta declaratoriae quae maxime causam nostram probant.

[401] There was a tradition (it cannot be called more), that no Englishman could be compelled against his will to plead at a foreign tribunal. "Ne Angli extra Angliam litigare cogantur."

[402] Henry VIII. to the Amba.s.sadors with the Pope: _Rolls House M.S._

[403] Ibid.

[404] So at least the English government was at last convinced, as appears in the circular to the clergy, printed in BURNET'S _Collectanea_, p. 447, etc. I try to believe, however, that the pope's conduct was rather weak than treacherous.

[405] So at least Cranmer says; but he was not present, nor was he at the time informed that it was to take place.--ELLIS, first series, vol. ii. p.

32. The belief, however, generally was, that the marriage took place in November; and though Cranmer's evidence is very strong, his language is too vague to be decisive.

[406] Individual interests have to yield necessarily and justly to the interests of a nation, provided the conduct or the sacrifice which the nation requires is not sinful. That there would have been any sin on Queen Catherine's part if she had consented to a separation from the king, was never pretended; and although it is a difficult and delicate matter to decide how far unwilling persons may be compelled to do what they ought to have done without compulsion, yet the will of a single man or woman cannot be allowed to const.i.tute itself an irremovable obstacle to a great national good.

[407] It is printed by LORD HERBERT, and in LEGRAND, vol. iii.

[408] LEGRAND, vol. iii. p. 558, etc.

[409] Ye may show unto his Holiness that ye have heard from a friend of yours in Flanders lately, that there hath been set up certain writings from the See Apostolic, in derogation both of justice and of the affection lately showed by his Holiness unto us; which thing ye may say ye can hardly believe to be true, but that ye reckon them rather to be counterfeited. For if it should be true, it is a thing too far out of the way, specially considering that you and other our amba.s.sadors be there, and have heard nothing of the matter. We send a copy of these writings unto you, which copy we will in no wise that ye shall show to any person which might think that ye had any knowledge from us nor any of our council, marvelling greatly if the same hath proceeded indeed from the pope; [and] willing you expressly not to show that ye had it of us.--_State Papers_, vol. vii. p.

421.

[410] _State Papers_, vol. vii. p. 454.

[411] Sir John Wallop to Henry: _State Papers_, vol. vii. p. 422.

[412] Francis represented himself to Henry as having refused with a species of bravado. "He told me," says Sir John Wallop, "that he had announced previously that he would consent to no such interview, unless your Highness were also comprised in the same; and if it were so condescended that your Highness and he should be then together, yet you two should go after such a sort and with such power that you would not care whether the pope and emperor would have peace or else _coups de baston_."--Wallop to Henry, from Paris, Feb. 22. But this was scarcely a complete account of the transaction; it was an account only of so much of it as the French king was pleased to communicate. The emperor was urgent for a council. The pope, feeling the difficulty either of excluding or admitting the Protestant representatives, was afraid of consenting to it, and equally afraid of refusing. The meeting proposed to Francis was for the discussion of this difficulty; and Francis, in return, proposed that the great Powers, Henry included, should hold an interview, and arrange beforehand the conclusions at which the council should arrive. This nave suggestion was waived by Charles, apparently on grounds of religion. LORD HERBERT, Kennet's Edit. p.

167.

[413] The emperor's answer touching this interview is come, and is, in effect, that if the pope shall judge the said interview to be for the wealth and quietness of Christendom, he will not be seen to dissuade his Holiness from the same; but he desired him to remember what he showed to his Holiness when he was with the same, at what time his Holiness offered himself for the commonwealth to go to any place to speak with the French king.--Bennet to Henry VIII.; _State Papers_, vol. vii. p. 464.

[414] The estrapade was an infernal machine introduced by Francis into Paris for the better correction of heresy. The offender was slung by a chain over a fire, and by means of a crane was dipped up and down into the flame, the torture being thus prolonged for an indefinite time. Francis was occasionally present in person at these exhibitions, the executioner waiting his arrival before commencing the spectacle.

[415] 24 Hen. VIII. cap. 13.

[416] 24 Hen. VIII. cap. 12

[417] _State Papers_, vol. vii. p. 441.

[418] D'Inteville to Francis the First: MS. Bibliotheque Imperial, Paris--_Pilgrim_, p. 92.

[419] 24 Hen. VIII. cap. 12.

[420] He had been selected as Warham's successor; and had been consecrated on the 30th of March, 1533. On the occasion of the ceremony when the usual oath to the Pope was presented to him, he took it with a declaration that his first duty and first obedience was to the crown and laws of his own country. It is idle trifling, to build up, as too many writers have attempted to do, a charge of insincerity upon an action which was forced upon him by the existing relation between England and Rome. The Act of Appeals was the law of the land. The separation from communion with the papacy was a contingency which there was still a hope might be avoided.

Such a protest as Cranmer made was therefore the easiest solution of the difficulty. See it in STRYPE'S _Cranmer_, Appendix, p. 683.

[421] BURNET, Vol. iii. pp. 122-3

[422] Bennet to Henry VIII.: _State Papers_, vol. vii. p. 402. Sir Gregory Ca.s.salis to the same: _Rolls House MS._

[423] BURNET, vol. iii. p. 123.

[424] Ibid. vol. i. p. 210.

[425] See _State Papers_, vol. i. pp. 415, 420, etc.

[426] BURNET'S _Collectanea_, p. 22. It is very singular that in the original Bull of Julius, the expression is "forsan consummavissetis;" while in the brief, which, if it was genuine, was written the same day, and which, if forged, was forged by Catherine's friends, there is no forsan.

The fact is stated absolutely.

[427] LORD HERBERT, p. 163. BURNET. vol. iii. p. 123.

[428] _State Papers_, vol. i. pp. 390. 391.

[429] Ye therefore duly recognising that it becometh you not, being our subject, to enterprise any part of your said office in so weighty and great a cause pertaining to us being your prince and sovereign, without our licence obtained so to do; and therefore in your most humble wise ye supplicate us to grant unto you our licence to proceed.--_State Papers_, vol. i. p. 392.

[430] _State Papers_, vol. i. p. 392.

[431] Cromwell to the King on his Committal to the Tower: BURNET, _Collectanea_, p. 500.

[432] So at least she called him a few days later.--_State Papers_, vol. i.

p. 420. We have no details of her words when she was summoned; but only a general account of them.--_State Papers_, vol. i. p. 394-5.

[433] The words of the sentence may be interesting:--"In the name of G.o.d, Amen. We, Thomas, by Divine permission Archbishop of Canterbury, Primate of all England, and Legate of the Apostolic See, in a certain cause of inquiry of and concerning the validity of the marriage contracted and consummated between the most potent and most ill.u.s.trious Prince, our Sovereign Lord, Henry VIII., by the grace of G.o.d King of England and France, Defender of the Faith, and Lord of Ireland, and the most serene Princess, Catherine, daughter of his Most Catholic Majesty, Ferdinand, King of Spain, of glorious memory, we proceeding according to law and justice in the said cause which has been brought judicially before us in virtue of our office, and which for some time has lain under examination, as it still is, being not yet finally determined and decided; having first seen all the articles and pleas which have been exhibited and set forth of her part, together with the answers made thereto on the part of the most ill.u.s.trious and powerful Prince, Henry VIII.; having likewise seen and diligently inspected the informations and depositions of many n.o.blemen and other witnesses of unsuspected veracity exhibited in the said cause; having also seen and in like manner carefully considered not only the censures and decrees of the most famous universities of almost the whole Christian world, but likewise the opinions and determinations both of the most eminent divines and civilians, as also the resolutions and conclusions of the clergy of both Provinces of England in Convocation a.s.sembled, and many other wholesome instructions and doctrines which have been given in and laid before us concerning the said marriage; having further seen and in like manner inspected all the treaties and leagues of peace and amity on this account entered upon and concluded between Henry VII., of immortal fame, late King of England, and the said Ferdinand, of glorious memory, late King of Spain; having besides seen and most carefully weighed all and every of the acts, debates, letters, processes, instruments, writs, arguments, and all other things which have pa.s.sed and been transacted in the said cause at any time; in all which thus seen and inspected, our most exact care in examining, and our most mature deliberation in weighing them hath by us been used, and all other things have been observed by us, which of right in this matter were to be observed; furthermore, the said most ill.u.s.trious Prince, Henry VIII., in the forementioned cause, by his proper Proctor having appeared before us, but the said most serene Lady Catherine in contempt absenting herself (whose absence we pray that the divine presence may compensate) [cujus absentia Divina repleatur praesentia. Lord Herbert translates it, "whose absence may the Divine presence attend," missing, I think, the point of the Archbishop's parenthesis] by and with the advice of the most learned in the law, and of persons of most eminent skill in divinity whom we have consulted in the premises, we have found it our duty to proceed to give our final decree and sentence in the said cause, which, accordingly, we do in this manner.

"Because by acts, warrants, deductions, propositions, exhibitions, allegations, proofs and confessions, articles drawn up, answers of witnesses, depositions, informations, instruments, arguments, letters, writs, censures, determinations of professors, opinions, councils, a.s.sertions, affirmations, treaties, and leagues of peace, processes, and other matters in the said cause, as is above mentioned, before us laid, had, done, exhibited, and respectively produced, as also from the same and sundry other reasons, causes, and considerations, manifold arguments, and various kinds of proof of the greatest evidence, strength, and validity, of which in the said cause we have fully and clearly informed ourselves, we find, and with undeniable evidence and plainness see that the marriage contracted and consummated, as is aforesaid, between the said most ill.u.s.trious Prince, Henry VIII., and the most serene Lady Catherine, was and is null and invalid, and that it was contracted and consummated contrary to the law of G.o.d: therefore, we, Thomas, Archbishop, Primate, and Legate aforesaid, having first called upon the name of Christ for direction herein, and having G.o.d altogether before our eyes, do p.r.o.nounce sentence, and declare for the invalidity of the said marriage, decreeing that the said pretended marriage always was and still is null and invalid; that it was contracted and consummated contrary to the will and law of G.o.d, that it is of no force or obligation, but that it always wanted, and still wants, the strength and sanction of law; and therefore we sentence that it is not lawful for the said most ill.u.s.trious Prince, Henry VIII., and the said most serene Lady Catherine, to remain in the said pretended marriage; and we do separate and divorce them one from the other, inasmuch as they contracted and consummated the said pretended marriage de facto, and not de jure; and that they so separated and divorced are absolutely free from all marriage bond with regard to the foresaid pretended marriage, we p.r.o.nounce, and declare by this our definitive sentence and final decree, which we now give, and by the tenour of these present writings do publish. May 23rd, 1533."--BURNET'S _Collectanea_, p. 68, and LORD HERBERT.

[434] HALL.

[435] Ibid.

[436] Ibid. p. 801. Hall was most likely an eye-witness, and may be thoroughly trusted in these descriptions. Whenever we are able to test him, which sometimes happens, by independent contemporary accounts, he proves faithful in the most minute particulars.

[437] FOXE, vol. v. p. III.

[438] Northumberland to Henry VIII.: _State Papers_, vol. iv. pp. 598-9.

[439] Hawkins to Henry VIII.: Ibid. vol. vii. p. 488.