mediately, in prosecution of the scheme proposed, employed his agents to collect the judgments of all the universities in Europe. Had the question of Henry's marriage with Catharine been examined by the principles of sound philosophy, exempt from superstition, it seemed not liable to much difficulty. The natural reason why marriage in certain degrees is prohibited by the civil laws, and condemned by the moral sentiments of all nations, is derived from men's care to preserve purity of manners; while they reflect, that if a commerce of love were authorized between near relations, the frequent opportunities of intimate conversation, especially during early youth, would introduce a universal dissoluteness and cor ruption. But as the customs of countries vary considerably, and open an intercourse, more or less restrained, between different families, or between the several members of the same family, we find that the moral precept, varying with its cause, is susceptible, without any inconvenience, of very different latitude in the several ages and nations of the world. The extreme delicacy of the Greeks permitted no communication between persons of different sexes, except where they lived under the same roof; and even the apartments of a step-mother and her daughters were almost as much shut up against visits from the husband's sons, as against those from any stranger or more distant relation: hence, in that nation, it was lawful for a man to marry not only his niece, but his half-sister by the father; a liberty unknown to the Romans, and other nations, where a more open intercourse was authorized between the sexes. Reasoning from this principle, it would appear, that the ordinary commerce of life among great princes is so obstructed by ceremony and numerous attendants, that no ill consequence would result among them from marrying a brother's widow; especially if the dispensation of the supreme priest be previously required, in order to justify what may in common cases be condemned, and to hinder the precedent from becoming too common and familiar. And as strong motives of public interest and tranquillity may frequently require such alliances between the foreign families, there is the less reason for extending towards them the full rigor of the rule which has place among individuals.* But in opposition to these reasons, and many more which * See note G, at the end of the volume. might be collected, Henry had custom anl precedent on his side, the principle by which men are almost wholly governed in their actions and opinions. The marrying of a brother's widow was so unusual, that no other instance of it could be found in any history or record of any Christian nation; and though the popes were accustomed to dispense with more essential precepts of morality, and even permitted marriages within other prohibited degrees, such as those of uncle and niece, the imaginations of men were not yet reconciled to this particular exercise of his authority. [1530.] Several universities of Europe, therefore, without hesitation, as well as without interest or reward,* gave verdict in the king's favor; not only those of France, Paris, Orleans, Bourges, Toulouse, Angiers, which might be supposed to lie under the influence of their prince, ally to Henry; but also those of Italy, Venice, Ferrara, Padua; even Bologna itself, though under the immediate jurisdiction of Clement. Oxford alone † and Cambridge‡ made some difficulty; because these universities, alarmed at the progress of Lutheranism, and dreading a defection from the holy see, scrupled to give their sanction to measures whose consequences they feared would prove fatal to the ancient religion. Their opinion, however, conformable to that of the other universities of Europe, was at last obtained; and the king, in order to give more weight to all these authorities, engaged his nobility to write a letter to the pope, recommending his cause to the holy father, and threatening him with the most dangerous consequences in case of a denial of justice.§ The convocations, too, both of Canterbury and York, pronounced the king's marriage invalid, irregular, and contrary to the law of God, with which no human power had authority to dispense. But Clement, lying still under the influence of the emperor, continued to summon the king to appear, either by himself or proxy, before his tribunal at Rome; and the king, who knew that he could expect no fair trial there, refused to submit to such a condition, and would not even admit of any citation, which he regarded as a high insult, and a violation of his royal prerogative. The. father of Anne Boleyn, created earl of Wiltshire, carried to the pope the king's *Herbert. Burnet. † Wood, Hist. and Ant. Ox. lib. i. p. 225. Rymer, vol. xiv. p. 405. Burnet, vol. i. p. 95. reasons for not appearing by proxy; and, as the first instance of disrespect from England, refused to kiss his holiness's foot, which he very graciously held out to him for that purpose.* * The extremities to which Henry was pushed, both against the pope and the ecclesiastical order, were naturally disagreeable to Cardinal Wolsey; and as Henry foresaw his opposition, it is the most probable reason that can be assigned for his renewing the prosecution against his ancient favorite. After Wolsey had remained some time at Asher, he was allowed to remove to Richmond, a palace which he had received as a present from Henry, in return for Hampton Court; but the courtiers, dreading still his vicinity to the king, procured an order for him to remove to his see of York. The cardinal knew it was in vain to resist: he took up his residence at Cawood, in Yorkshire, where he rendered himself extremely popular in the neighborhood by his affability and hospitality; † but he was not allowed to remain long unmolested in this retreat. The earl of Northumberland received orders, without regard to Wolsey's ecclesiastical character, to arrest him for high treason, and to conduct him to London, in order to his trial. The cardinal, partly from the fatigues of his journey, partly from the agitation of his anxious mind, was seized with a disorder which turned into a dysentery; and he was able, with some difficulty, to reach Leicester Abbey. When the abbot and the monks advanced to receive him with much respect and reverence, he told them that he was come to lay his bones among them; and he immediately took to his bed, whence he never rose more. A little before he expired, he addressed himself in the following words to Sir William Kingston, constable of the Tower, who had him in custody. "I pray you have me heartily recommended unto his royal majesty, and beseech him on my behalf to call to his remembrance all matters that have passed between us from the beginning, especially with regard to his business with the queen; and then will he know in his conscience whether I have offended him. "He is a prince of a most royal carriage, and hath a princely heart; and rather than he will miss or want any part of his will, he will endanger the one half of his kingdom. "I do assure you, that I have often kneeled before him, sometimes three hours together, to persuade him from his will * Burnet, vol. i. p. 94. + Cave:idish. Stowe, p. 554. and appetite; but could not prevail : had I but served God as diligently as I have served the king, he would not have given me over in my gray hairs. But this is the just reward that l must receive for my indulgent pains and study, not regarding my service to God, but only to my prince. Therefore, let me advise you, if you be one of the privy council, as by your wisdom you are fit, take care what you put into the king's head; for you can never put it out again." Thus died this famous cardinal, whose character seems to have contained as singular a variety as the fortune to which he was exposed. The obstinacy and violence of the king's temper may alleviate much of the blame which some of his favorite's measures have undergone; and when we consider, that the subsequent part of Henry's reign was much more criminal than that which had been directed by Wolsey's counsels, we shall be inclined to suspect those historians of partiality, who have endeavored to load the memory of this minister with such violent reproaches. If, in foreign politics, he sometimes employed his influence over the king for his private purposes, rather than his master's service, which, he boasted, he had solely at heart, we must remember, that he had in view the papal throne; a dignity which, had he attained it, would have enabled him to make Henry a suitable return for all his favors. The cardinal of Amboise, whose memory is respected in France, always made this apology for his own conduct, which was, in some respect, similar to Wolsey's; and we have reason to think, that Henry was well acquainted with the views by which his minister was influenced, and took a pride in promoting them. He much regretted his death, when informed of it, and always spoke favorably of his memory; a proof that humor, more than reason, or any discovery of treachery, had occasioned the last persecutions against him. [1531.] A new session of parliament was held, together with a convocation; and the king here gave strong proofs of his extensive authority, as well as of his intention to turn it to the depression of the clergy. As an ancient statute, now almost obsolete, had been employed to ruin Wolsey, and render his exercise of the legatine power criminal, notwithstanding the king's permission, the same law was now turned against the ecclesiastics. It was pretended, that every one *Cavendish. who had submitted to the legatine court, that is, the whole church, had violated the statute of provisors; and the attorneygeneral accordingly brought an indictment against them.* The convocation knew, that it would be in vain to oppose reason or equity to the king's arbitrary will, or plead that their ruin would have been the certain consequence of not submitting to Wolsey's commission, which was procured by Henry's consent, and supported by his authority. They chose, therefore, to throw themselves on the mercy of their sovereign; and they agreed to pay a hundred and eighteen thousand eight hundred and forty pounds for a pardon. A confession was likewise extorted from them, that the king was the protector and the supreme head of the church and clergy of England; though some of them had the dexterity to get a clause inserted, which invalidated the whole submission, and which ran in these terms: " in so far as is permitted by the law of Christ." The commons, finding that a pardon was granted the clergy, began to be apprehensive for themselves, lest either they should afterwards be brought into trouble on account of their submission to the legatine court, or a supply, in like manner, be extorted from them, in return for their pardon. They therefore petitioned the king to grant a remission to his lay subjects; but they met with a repulse. He told them, that if he ever chose to forgive their offence, it would be from his own goodness, not from their application, lest he should seem to be compelled to it. Some time after, when they despaired of obtaining this concession, he was pleased to issue a pardon to the laity; and the commons expressed great gratitude for that act of clemency.‡ [1532.] By this strict execution of the statute of provisors, a great part of the profit, and still more of the power of the court of Rome was cut off; and the connections between the pope and the English clergy were in some measure dissolved. The next session found both king and parliament in the same dispositions. An act was passed against levying the annates or first-fruits, being a year's rent of all the bishoprics that fell vacant; a tax which was imposed by the court of Rome for granting bulls to the new prelates, and which was found to amount to considerable sums. Since the second of Henry * Antiq. Brit. Eccles. p. 325. Burnet, vol. i. p. 106. Hall's Chronicle. Holingshed, p. 923. Baker, p. 208. |