1527:

CHAг. produced a confiderable alteration on the manners XXIX. of the age. The practice of challenges and duels, which had been part of the ancient barbarous jurifprudence, which was still preserved on very folemn occafions, and which was fometimes countenanced by the civil magiftrate, began thenceforth to prevail in the most trivial incidents; and men, on any affront or injury, thought themselves entitled, or even required in honor to take revenge on their enemies, by openly vindicating their right in fingle combat. Thefe abfurd, though generous maxims, fhed much of the best blood in Chriftendom during more than two centuries; and notwithstanding the feverity of law and authority of reafon, fuch is the prevailing force of custom, they are far from being as yet entirely exploded.

CHAP. XXX.

Scruples concerning the king's marriage-The king enters into thefe fcruples-Anne Boleyn-Henry applies to the pope for a divorce-The pope favorable-The emperor threatens bim-The pope's ambiguous conduct -The caufe evoked to Rome-Wolfey's fall-Commencement of the reformation in England-Foreign affairs-Wolfey's death-A parliament-Progress of the reformation—A parliament-King's final breach with Rome-A parliament.

NOTWITHSTANDING the fubmiffive deference, CHAP.

paid to papal authority before the reformation, the marriage of Henry with Catherine of Arragon, his brother's widow, had not paffed, without much fcruple and difficulty. The prejudices of the people were in general bent against a conjugal union between fuch near relations; and the late king, though he had betrothed his fon when that prince was but twelve years of age, gave evident proofs of his intention to take afterwards a proper opportunity of annulling the contract. He ordered the young prince, as foon as he came of age, to enter a proteftation against the marriage; and on his death-bed he charged

I

Morifon's Apomaxis, p. 13.

2

Morifon, p. 13.

XXX.

1527.

Scruples the king's marriage.

concerning

XXX. 1527.

CHA P. him, as his laft injunction, not to finish an alliance, fo unusual, and exposed to fuch infuperable objections. After the king's acceffion, fome members of the privy council, particularly Warham, the primate, openly declared against the refolution of completing the marriage and though Henry's youth and diffipation kept him, during fometime, from entertaining any fcruples with regard to the measure which he had embraced, there happened incidents, fufficient to roufe his attention, and to inform him of the fentiments, generally entertained on that subject. The states of Caftile had opposed the emperor Charles's efpoufals with Mary, Henry's daughter; and among other objections, had infifted on the illegitimate birth of the young princefs'. And when the negociations were afterwards opened with France, and mention was made of betrothing her to Francis or the duke of Orleans, the bishop of Tarbe, the French ambaffador, revived the fame objection *. But though these events naturally raised fome doubts in Henry's mind, there concurred other caufes, which tended much to increase his remorfe, and render his confcience more fcrupulous.

The king enters into thefe fcru

ples.

THE queen was older than the king by no lefs than fix years and the decay of her beauty, together with particular infirmities and difeafes, had contributed, notwithstanding her blameless

XXX.

1527.

character and deportment, to render her perfon CHA P. unacceptable to him. Though fhe had borne him feveral children, they all died in early infancy, except one daughter; and he was the more ftruck with this misfortune, because the curfe of being childlefs is the very threatening, contained in the Mofaical law, against those who espouse their brother's widow. The fucceffion too of the crown was a confideration, that occurred to every one, whenever the lawfulness of Henry's marriage was called in question; and it was apprehended, that if doubts of Mary's legitimacy concurred with the weakness of her fex, the king of Scots, the next heir, would advance his pretenfions, and might throw the kingdom into confufion. The evils, as yet recent, of civil wars and convulfions, arifing from a disputed title title, made great impreffion on the minds of men, and rendered the people univerfally defirous of any event, which might obviate fo irreparable a calamity. And the king was thus impelled, both by his private paffions, and by motives of public intereft, to feek the diffolution of his inaufpicious, and, as it was esteemed, unlawful marriage with Catherine.

HENRY afterwards affirmed that his fcruples arofe entirely from private reflection; and that on confulting his confeffor, the bishop of Lincoln, he found the prelate poffeffed with the fame doubts and difficulties. The king himself, being fo great a cafuift and divine, next proceeded to examine the question more carefully by his own

XXX. 1527.

CHAP. learning and study; and having had recourse to Thomas of Aquine, he observed that this celebrated doctor, whofe authority was great in the church and abfolute with him, had treated of that very cafe, and had exprefsly declared againft the lawfulness of fuch marriages'. The prohibitions, faid Thomas, contained in Leviticus, and among the reft, that of marrying a brother's widow, are moral, eternal, and founded on a divine fanction; and though the pope may dif pense with the rules of the church, the laws of God cannot be fet afide by any authority less than that which enacted them. The archbishop of Canterbury was then applied to; and he was required to confult his brethren: All the prelates of England, except Fisher, bishop of Rochester, unanimoufly declared, under their hand and feal, that they deemed the king's marriage unlawful ‘. Wolfey also fortified the king's fcruples '; partly with a view of promoting a total breach with the emperor, Catherine's nephew; partly defirous of connecting the king more closely with Francis, by marrying him to the dutchefs of Alençon, fifter to that monarch; and perhaps too fomewhat difgufted with the queen herself, who had reproved him for certain freedoms, unbefitting his character and ftation'. But Henry was carried forward, though perhaps not at first excited, by