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protested, such was his love to the king, he would value much more than if they made him pope. The point then to be insisted on, was to hinder the recalling the commission.”
By letters of the 30th of June it appears *, that Gardiner was returned from Rome, with the proofs of the breve's being a forgery. Campegio was then forced to delay the matt no longer. The bishop of Bayonne had pressed Campegio to it by authority from the court of France. On the 13th of July, Cassali wrote from Rome, that the pope had recalled the king's cause, at the emperor's suit.
But I come now to give an account of the proceedings of the two legates ; in which I must correct the errors of all the writers of that time, whom I had too implicitly followed. I go upon sure grounds ; for I have before me the original register of their proceedings, made up with such exactness, that, at the end, the register and clerk of the court do not only attest it with their hands and marks, but reckon up the number of the leaves, with the interlinings that are in every page ; and every leaf is likewise signed by the clerk, all in parchment. This noble record was lent me, by my reverend and learned brother, Dr. More, bishop of Ely, who has gathered together a most invaluable treasure, both of printed books and manuscripts, beyond what one can think that the life and labour of one man could have compassed, and which he is as ready to communicate as he has been careful to collect it.
The legates sat in a room called the Parliament Chamber, near the church of the Black Friars. Their first session was on the 31st of May. The bishop of Lincoln presented to them the bull, by which the pope empowered them to try and judge the cause concerning the king and queen's marriage, whether it was good or not, and whether the issue by it was legitimate or not. The legates, after the reading of the bull, took it into their hands, and saw it was a true and untouched bull, so they took upon them to execute it: and they ordered the king and queen to be cited to appear before them on the 18th of June, and appointed that the bishop of Lincoln should cite the king, and the bishop of Bath and Wells the queen.
On the 18th, the form of the citation was brought before them, in which the bull was inserted at full length, and the two bishops certified, that they had served the citation both on the king and queen on the 15th; and Sampson, dean of the chapel, and Dr. Bell, appeared with a proxy from the king in due form ; but the queen appeared personally, and
read an instrument, by which she declined the legates, as not competent judges, and adhered to an appeal she had made to the pope : upon reading this she withdrew, and though she was required to return, she had no regard to it. Upon which they pronounced her contumacious; and, on the 21st of June, they ordered the bishop of Bath and Wells to serve her with a monit on and a peremptory citation, certifying, that if she did not appear, they would proceed in the cause. And on the 25th of June the bishop certified upon oath, that he had served the citation, but that the queen adhered to her protestation; so she was aga
contumacious : and as she never came more into the court, so the king was never in it. And from this it is clear, that the speeches that the historians have made for them are all plain falsities.
The next step made was, that the legates exhibited twelve articles, setting forth the whole progress of the queen's first and second marriage, and of the dispensations obtained from Rome, all grounded upon public fame; and the queen was ordered to be cited again on the 28th of June. The bishop certified upon oath, that he had served the queen with the citation, but she not appearing, was again judged
tumacious, and witnesses were sworn to prove the articles. The king's answer to the articles was laid before them, in which, by his answer to the seventh, it appeared that he was married to the queen by virtue of a papal dispensation.
On the 5th of July, the king's proctors brought the bull of Pope Julius, dispensing with the impediments in the marriage, as likewise the copy of the breve, of which the original was in Spain, but attested very solemnly from thence. The legates ordered more witnesses to be sworn on the 9th of July. In another session, additional articles were offered ; in which it was set forth, that impediments lay against the marriage, as being prohibited both by the divine and the ecclesiastical laws; so that it could not be maintained by the dispensations, and that they were of no force, but were null and void. Then they set forth all the objections formerly made against the bull; by which it appeared, that the pope was surprised by the false suggestions made to him, on which he had granted it; and in particular, that there was no war, nor appearance of war, between England and Spain at that time. They did also set forth the presumptions, on which they concluded that the breve was not a genuine, but a forged piece. On the 12th of July, commission was given to examine the witnesses. On the 14th, additional articles were brought in; and on the 16th of July, the king's proctors
were required to bring all instruments whatsoever, relating to the articles, before the legates; and another commission was given, to examine some absent witnesses.
On the 19th of July, publication was made of the depositions of the witnesses : by which it appears, that Warham in his examination said, he referred the matier of the lawfulness of the king's marriage to divines; but that he himself believed, that it was contrary both to the laws of God, and to the ecclesiastical laws; and that otherwise there was no need of a dispensation from the pope. He confesses there were great murmurings against the marriage ; for nothing of that sort had ever been heard of in this kingdom before ; and that he himself murmured against it, and thought it detestable and unnatural; and that he had expostulated with the bishop of Winchester for his advising it; but he acquiesced when the pope's dispensation was obtained. The bishop of Ely deposed, that he doubted concerning the consummation of the queen's marriage with Prince Arthur; for the queen had often, upon her conscience, denied it to him : yet many witnesses were brought to prove the consummation, some, because the prince and the queen constantly lodged in the same bed, and that Prince Arthur continued in a state of good health till the beginning of Lent: some inferred it from what they themselves had done when they were of his age. Some swore to words that he spake next morning after his marriage, not decent enough to be repeated. Other witnesses were brought to prove, that there was no war between England and Spain when the dispensation was granted; but that a free intercourse had been kept up between these nations for many years. It was likewise proved, that the matter set forth in the preamble of the bull was false, and that the breve was a forgery. On the 21st, the protestation the king had made, that he did not intend to marry the queen, was read and proved. With that the king's counsel closed their evidence, and demanded a final sentence ; so the 23d of July was assigned for concluding the cause.
On that day, the king's proctor moved, that judgment should be given ; but Cardinal Campegio did affirm, on the faith of a true prelate, that the harvest vacation was then begun in Rome, and that they were bound to follow the practice of the consistory : so he adjourned the court to the 28th of September.
At the end of every session, some of the men of quality then present are named ; and at this time the duke of Norfolk and the bishop of Ely are only named, which seems to contradict what is commonly reported of the duke of Suffolk's being there, and of what passed between him and
Cardinal Wolsey. This record is attested by Clayberg the register, and Watkins the clerk of the court. And four years after that, on the 1st of October, anno 1533, it is also attested by Dr. Wootton ; which he says he does, being required to attest it by Clayberg and Watkins. How this came to be desired, or done at that time, is that of which I can give no other account, but that this is affixed to the register. By this extract that I have made of this great record it appears, that Campegio carried on this cause with such a trifling slowness, that if the king had not thought he was
e of him, he could never have suffered such delays to be made ; by which the cardinal had a colour from the vacation, then begun in the consistory in Rome, to put off the cause, on the day in which a present sentence was expected. It is very natural to think, that, as the king was much surprised, so he was offended out of measure, when he found he was treated with so much scorn and falsehood.
On the 23d of August a sad embroilment happened upon the duke of Suffolk's returning from France*. Wolsey complained to the king that he had done him ill offices at that court. Suffolk denied it; the cardinal said he knew it by the bishop of Bayonne : upon which Suffolk came and challenged him. The bishop denied he had said it. Suffolk confessed, indeed, he had said some things to his disadvantage ; but the bishop prayed him that the matter might be carried no farther. Yet he offered to deny, in Wolsey's presence, that which was charged on him. But he saw the duke of Suffolk intended to oblige him to deny it in the king's presence. The bishop, apprehending the ill effects this might have, resolved to keep out of the king's way for some time, and he hoped to avoid the being further questioned in the inatter : he found both the king and Wolsey desired that he might make a journey to Paris, to get the opinions of the learned men in the king's cause. He would not undertake it, till he knew whether the king of France approved of it or not: he desired an answer might be quickly sent him ; adding, that if it was not agreed to by France, it would increase the jealousies the king had of that court. He saw they designed to hold a parliament in England, and they hoped by that to make the pope feel the effects of his injustice.
By the bishop's letter of the 18th of September t, it appears that Campegio, having got his revocation, “ resolved to go to court, that he might have his audience of leave; where it was thought best to dismiss him civilly : in the meanwhile,
* P. 136,
Wolsey, who seemed full of fear, pressed the bishop to get the matter to be examined by the divines : and though he disguised his fears, yet he could not quite cover them. Some had left him whom he had raised : probably this was Gardiner ; for he united himself to the duke of Norfolk in all things. The bishop of Bayonne desired leave to go over, on the pretence of his father's old age and weakness, but really to know the sense of the French divines; and also desired that his brother, William de Bellay, might be sent to the court of England during his absence.
On the 4th of October he writes *, “ that he saw the parliament was set to ruin Wolsey. Campegio was well treated by the king, and had good presents at parting; and the king desired that they would use him well, as he passed through France; and particularly that they would suffer him to resign an abbey he had there in favour of his son. He was stopped at Dover; for it was suspected that he was carrying over Wolsey's treasure.”
On the 17th of October he describes the cardinal's fall + : “ the bishop thought it was the greatest example of fortune that could be seen: both heart and voice failed him; he
vept, and prayed that the king of France and his mother would pity him, if they found that he had been true in all that he had promised to them. His visage was quite altered ; and the disgrace was so sudden and heavy, that even his enemies pitied him. The bishop saw he would be hotly pursued, and that nothing but intercessions from France could save him : he did not pretend to continue either legate or chancellor ; he seemed ready to quit all to his shirt, so he might recover the king's favour again. He was capable of no comfort. He proposed, that the French king and his mother should write to the king to this purpose : that they heard of his disgrace, and of the design to ruin him ; that they prayed him not to proceed too suddenly: he had been a good instrument between them ; if there was just cause for it, his power might be lessened; but that they prayed the king would not carry things to extremity. The bishop lays this before Montmorency, without presuming to give advice in it; only he thought this could do no hurt. Whatsoever was done, must seem to be of their own motion, and not as coming from a desire of the cardinal; for that would precipitate his ruin. It seems he had received great presents from the king's mother, of which he hoped she would say nothing that might hurt him. It was intended, as he thought, on his ruin, to destroy the state of the church, and seize on