Be swered publickly, Nov. 14, 1532, That the Pro- Whereunto it conduced much, that Warham, Sentence of Divorce pronounced against Queen Catharine was now at Ampthil in Bedfordshire; and because it concerned the The king finding that the emperor, who king to acquaint her with the causes of this seemed a while to desist from the eager prosesecond Marriage, he sent again some grave cution of his aunt's cause, was now more vehe- persons to prepare her thereunto, wishing her ment than ever; sends Instructions to his together to submit. But she persisting still, agents at Rome, to protest in his name, that Cranmer, abp. of Canterbury, cited her to aphe was not bound either in his own person, or pear at Dunstable, being six miles off. Where by his proctor, to appear there, urging for this for deciding this business, he appointed a purpose, the Determination of some universi- Court to be held; and with him came the bities, and particularly of Orleans and Paris. shops of London, Winchester, (being Stephen Notwithstanding which, he permitted doctor Gardiner) Bath, Lincoln, and many great Bennet to make (as of himself) divers motions clerks. Their first proceeding (as Sanders hath to the Pope, the principal whereof in our Re- it) was a citation to our king to put away his cords I find these. First, that seeing by the wife Catharine, protesting otherwise that they Opinion of lawyers, and the Council of Nice, would censure him. But the Records which I the matter ought to be decided in partibus; have seen, mention only that Cranmer deand that by the laws of England the determi-manded and obtained leave of the king to denation (it concerning the Succession) cannot elsewhere be made; it would please his holiness that the abp. of Canterbury taking to him two eminent bishops or abbots, or the whole clergy of his province, should decide the same. But this being dislik'd by the pope, Bennet secondly propos'd, whether he would refer the determination to sir Tho. More, or the bishop of London, to be nominate by the king, and let the queen or emperor name another, and the French king the third, and let the abp. of Canterbury be the fourth. But this also being rejected, Bennet came, it seems, to the last degree of the Instructions, which was, that if the Cause might be heard in England, and that the queen refused the Sentence, she should have the benefit of her Appeal before three judges, one of England, one of France, and the third from the Pope, who also should discuss the matter in some indifferent place. But the Pope allowed not this, saying, Since he saw the king would needs conserve his authority, he would likewise conserve his, and proceed via ordinaria! Our king thought it now his best expedient to stand to the decision of his own clergy: termine the matter, since it caused much doubt among the common people, and fears of great inconveniences in matter of Succession. The Court being now held, and the queen suimon'd 15 days together, without yet that she appeared, the archbishop having first pronounced her contumacious, proceeds to Sentence, which also he caused to be publickly read in the chapel of our Lady in the priory of Dunstable, before two notaries, and then sent to the king, desiring further to know his mind concerning his second Marriage, as soon as he had advised with his council. The Tenor of the Sentence was this. "In the name of God, Amen: We Thomas by divine permission archbishop of Canterbury, primate of all England, and legate of the apostolical see, in a certain cause of enquiry of and concerning the validity of the Marriage contracted and consummated between the most potent and most illustrious prince, our sovereign lord Henry 8, by the grace of God king of England and France, defender of the faith, and lord of Ireland, and the most serene princess Catharine, daughter of his most catho dence, 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 illustrious prince king Henry 8, and the most serene lady Catharine, was and is null and invalid, and that it was contracted and consummated contrary to the law of God. Therefore we Thomas, archbishop, primate and legate aforesaid, having first called upon the name of Christ for direction herein, and having God altogether before our eyes, do pronounce sentence, and declare for the nul lity and invalidity of the said Marriage, decree was, and still is null and invalid, that it was contracted and consummated contrary to the will and law of God, 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, decree and declare, that it is not lawful for the said most illustrious and powerful prince Henry 8, and the said most serene lady Catharine, to remain in the said pretended Marriage; and we do separate and divorce from each other the said most illustrious and most powerful king Henry 8, and the said most illustrious lady Catharine, in as much 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 do pronounce, decree and declare by this our definitive Sentence, and final Decree, which we now give, and by the tenor of these presents publish. May 23, 1533." lick majesty, Ferdinand king of Spain, &c. 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, and given in on the part of the said most illustrious and powerful prince Henry 8; having likewise seen, and diligently inspected the Informations and Depositions of many noblemen and other witnesses of unsuspected veracity exhibited in the said Cause; having also seen, aud in like manuer carefullying that the said pretended Marriage always 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 assembled, and many other wholesome instructions and doctrines which have been given in and laid before us concerning the said Marriage. Having farther seen, and with like diligence inspected all the Treaties and Leagues of peace and amity on this account, entered upon, and concluded between Henry 7, of immortal fame, late king of EugJand, and the said Ferdinand of glorious micmory, late king of Spain, having besides seen, and most carefully weighed all and every of the Acts, Debates, Letters, Processes, Instrumenis, Writs, Arguments, and all other things which have passed, 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, reserving herein whatsoever of right ought to be by us reserved. Furthermore the said most illustrious and most powerful prince king Henry 8, in the forementioned Cause, by his proper proctor having appeared before us, but the said most serene lady Catharine in contempt ab-enting herself, (whose absence may the divine presence always attend) 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 definitive Sentence in the said Cause, which accordingly we do in this manner. cause 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, assertions, 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 evi Be The king hereupon (according to the Decree of the last parliament) commands strictly Catharine should no more be called queen, but princess dowager, and widow of prince Arthur. The King proceeded against vigorously at Rome. And now the news of the archbishop of Canterbury's Sentence, and open Marriage of mistress Anne Bolen, being come to the Pope's ears, and together with it an Information concerning the Book our king had composed against the Pope's authority (which also more than any thing else offended him) the whole college of cardinals, especially such as were for the emperor, became humble suppliants to the Pope, that he would proceed rigorously against our king; which also the Pope accorded, though not in that peremptory and publick manner as was afterwards done; for I find that this Sentence was not definitive in the principal Cause, (as the imperials desired, and Sanders mistakes it) but only declarative in the point of Attemptats, (as they call it) in that king Henry (the Cause yet depending) had divorced himself without the leave and authority of the Pope. Therefore it was declared that all his actions herein were subject to a nullity, and himself to excommunication, unless he restored things in | integrum, for which time was allowed him till the command it to be taught, that the General end of September following. These proceed- council is above the pope, and that he hath no ings being reserved, and the censures thus sus- more authority in England by God's law than pended, argued that the Pope was willing be- any other foreign bishop. Lastly, to send into fore he went any farther to see the success of Germany, to confederate with the king of Pohis interview with Francis, which was accele- land, John king of Hungary; the dukes of rated by this means.-This while, our king be- | Saxony, of Bavaria, the landtgrave of less, &c. ing confident, that either by the Pope's good as likewise the Hanse-Teutonick towns, being permission, or his proper authority, he should Lubeck, Dantsick, Noremburgh, &c. These be able to justify a Cause which so many Uni-things being resolved on, for a final Answer, he versities had sentenced on his side, proceeds to desired the bishop of Paris to certify Francis, the coronation of his new queen, which also That if the pope would supersede from executwas performed with much solemnity.-The ing his Sentence, until he had indifferent judges Pope was often solicited by Francis in the be- sent, who might hear the business, he would balf of our king, that at least the time of de- also supersede from the execution of what he claring the Censures against him might be pro- was deliberated to do in withdrawing his oberogued. But the Pope answering only, that dience from the Roman see. But the bishop, though the term prefixed for fulmination were who thought this alone not enough to reduce now past, yet he would omit further process things into good terms, made an offer to regotill he came to Rome. Our agents not con- ciate the business at Rome; which our king tent herewith, proceed in their Instructions, gladly accepted, assuring him withal, that as and Edmund Bonner, as I find by an Original soon as he had obtained what was demanded, of his to our king, getting audience of the he would send sufficient power and authority Pope, Nov. 7, in respectful terms, and under to confirm as much as was accorded on his protestation that his majesty intended no con- part, as having entire confidence in his discretempt of the see apostolick or holy church, inti- tion and sufficiency, ever since his two years mated to him king Henry's Appeal to the next employment as ambassador in this kingdom. General Council lawfully assembled,' exhibiting Whereupon the bishop, though in Christmas also the authentick Instruments thereof (made holydays, and an extream winter, posted to before the bishop of Winchester;) at which Rome: where he came before any thing was the Pope being much incensed, said, he would done, more than what formerly past and here refer it to the Consistory.' Which being held obtaining a public audience in the Consistory, Nov. 10, he answered Bonner, That, con- he eloquently declared our king's Message, recerning the king's Appeal he rejected it, as presenting both what he had obtained of our being unlawful, and against a Constitution of king, and shewing withal how advantageous it Pope Pius. 2, For the Council, he would pro- would be to the whole church. Which so precure it, as belonging to his authority, and not vailed, that they prefixt a day for receiving from to king Henry's. S, For the Original Instru- our king a confirmation thereof. Insomuch, ments,' which Bonner required back, he de- that a courier was dispatched to our king Henry, nied them,' and so dismissed him; desiring desiring his Answer, within the time limited. Francis only, that he would persuade our king But the term being expired, and no Answer to conform himself to his ancient devotion and brought, the pope resolved to proceed to fulobedience to the Roman Church.' Shortly af- mination of the Sentence; which being adverter which, being the 12th of Nov. 1533, the tised to Bellay, he repaired to the pope and Pope returned. I find moreover that the abp. cardinals, (then sitting in full Consistory) deof Canterbury at this time suspecting the Pope siring them to stay a while, it being probable would proceed against him, by the advice of that the courier, either through cross winds, or our king made his Appeal also to the Council: other accidents in long journies, might be dewhich he desired our agents to intimate to the tained; concluding his speech, that if the Pope. The success whereof yet doth not ap- king of England had six years together been papear in our Records. tient, they might attend six days; which space only he desired them to give him, for the receiving of our king's Answer; this proposition being put to the question, the plurality of voices carried it against our king, and the rather, that in this mean time, news came to Rome, that the king had printed and published the Book written against the Pope's authority, (which yet was untrue, for it came not forth till afterwards, though it was not yet kept so close, but a copy was now come to the Pope's hands) and that there was a comedy represented at court, to the no little defamation of certain cardinals. By reason whereof the Sentence was so precipitated, that, what according to their usual forms could not be done in less than three Consistories, was now dis The Pope's Sentence against the King set up at Dunkirk. About this time the Pope's Sentence against the king was openly set up at Dunkirk in Flanders; so that to prevent further inconveniences, the king (as our Records shew) advised with his Council, Dec. 2. First, To inform his subjects of his Appeal to the Council General, and the justice thereof. Secondly, Of the Unlawfulness of the dowager's Appeal to Rome, and the late statute against it, which said statute was (for that purpose) to be set upon every church door in England, as also his majesty's said Provocation, or Appeal, whereof transumpts also were to be sent into Flanders. Thirdly, To the invalidity of the said marriage, to have been and be judged unlawful and unjust; and the said king from henceforth for ever to hold his peace, and not to be heard in any court hereafter to speak touching the invalidity of the said matrimony: like as we also do here will and charge him to hold his peace, and do put him to perpetual silence herein; willing moreover and adjudging the said king Henry to be condemned, and presently here we do condemn him in the expences on the said queen Catharine's behalf here in our court, expended and employed in traversing the aforesaid cause, the valuation of which expences we reserve to ourselves to be limited and taxed, as we shall judge meet hereafter. We do so pronounce, I, at Rome in our Apostolical palace publicly in our Consistory, 25th March 1534. Blosius. The King's Marriage with Catharine made void by Act of Parliament. patched in one: and so by a final determina- | Henry against the said queen Catharine, upon tion the Marriage with queen Catharine was pronounced good, and king Henry commanded to accept her for his wife, and in case of refusal Censures were fulminated against him. But two days of the six were not past, when the courier arrived with ample commission and authority from our king, to conclude and confirm all that the bishop had agreed in his name. Which was this, (as the writer of the Concilio Tridentino hath it) that king Henry was content to accept the Judgment of that court, upon condition that the suspected and imperial cardinals should not intervene, and that indifferent persons should be sent to Cambray to be informed of the merits of the Cause; giving authority further for his proctors to appear in that court. At which, the more wise and temperate cardinals were so astonished, that they became humble suppliants to the pope, that he would advise how all things might be repaired; whereupon the business was again discussed. But all remedies being judged either late, or In the year 1554, 23 Hen. 8, upon the suit impossible, the Sentence stood, and the empeof Parliament to the king for the establishing ror was made the executor of it. The bishop of the Succession to the crown (the uncertainty now returning toward France, met (as I find by whereof hath caused heretofore great division our Records) Edward Karne and William Re- and bloodshed in this realm) it was enacted, vet, who were employed by our king for solicit- that the king's Marriage with the lady Cathaing this important business. But as they un- rine, wife and carnally known to his brother derstood by the bishop, that the first Marriage prince Arthur (as was lawfully proved before was pronounced good, and the issue by it legi-Thomas, abp. of Canterbury) as contrary to timate, so they judged it lost labour to proceed, and advertised all to our king. The Sentence was to this effect. "That Pope Clement the seventh with the ⚫ consent of his other brethren the cardinals assembled together in the consistory, sitting there in the throne of justice calling upon the name of Christ, and having God only before his eyes, doth pronounce, define, aud declare in the cause and causes between his dear daughter Catharine queen of England appealing to the see apostolique, and his beloved son Henry the Sth, king of England, concerning the validity and invalidity of the matrimony heretofore contracted between them, and yet depending in the Consistory Court of the said Pope Clement; that the said matrimony always hath and still doth stand firm and canonical, and that the issue proceeding, or which shall proceed of the same, standeth and shall stand law full and legitimate; and that the aforesaid Henry, king of England, is and shall be bound and obstrict to the matrimonial society and cohabitation with the said lady Catharine his lawful wife and queen, to hold and maintain her with such love and princely honour, as becometh a loving husband, and his kingly honour to do.-Also that the said Henry king of England, if he shall refuse so to perform and accomplish all and singular the premises, in all effectual manner is to be condemned and compelled hereunto by all remedies of the law, and enforced, according as we do condemn, compell, and enforce him so to do, providing, that all molestations and refusals whatsoever made by the said king God's law, shall be held void: and she styled with this Act. The Pope having proceeded in those rigorous terms with our king, (as is formerly men tioned) and for more authorising his Sentence, body of your re Im gathered togen made the emperor executor thereof, hoped now liament, hath for the establishme: * to have his revenge, but he was deceived. For issue, by your dearest wife queen An though the emperor did gladly accept this over- the Succession coming of this Marrige, made ture, for his aunt queen Catharine's sake, and Acts and Ordinances against all them that the hope he had to dispose of the princess Mary, would in word or in deed withstand them, and as inheritrix of the crown, yet as he had deeper that for these purposes, we were sent to her designs, in aspiring to the conquest of Italy, grace, to the intent she might understand the and indeed to an universal monarchy, he was true purpose of these Acts, with the pains; no less glad of the occasion to take off our lest by ignorance she should fall in any of king from the Pope: howsoever each side pre- them, and so I declared the Act. Which thing pared for war. The emperors intention was, being thus declared to her, she being therewith to give the princess Mary to some one, who in great choler and agony, and always interupon her title might pretend to the crown, rupting our words to the aforesaid points, whom therefore he promised to second. Our made these Answers following. To the first, king and Francis not ignorant of the emperor's that she took the Matrimony between your designs, agreed on the other side, partly to highness and her for good, and so always would join with the duke of Gueldres for invading the account herself to be your highness's lawful adjoining territories to France, and partly to wife, in which opinion she said she would conrenew the ancient claim to Navarre, and assail tinually, till death, persist. To the second, the emperor in those quarters. Yet neither she utterly denied that ever carnal knowledge did that of the emperor take effect, because was had between her and prince Arthur, and there was no means to recover the person of that she would never confess the contrary, and the princess Mary. Nor this of our king's, be- with loud voice when mention was made of cause Francis employing his thoughts wholly that point, she said they lied falsely that so on the affairs of Italy, did not think fit to said. To the third, she answered, that she is comply openly with one against whom the Pope not bound to stand to that Divorce made by had fulminated. Howbeit, our king for defence my lord of Canterbury, whom she called a of his authority and second Marriage, neg-shadow, and that although he had given Senlected not to obtain from the parliament a confirmation thereof, and of the Succession in that line, (as is mentioned before;) sending also to queen Catharine at Bugden near Huntingdon, in sequence thereof, Edward Lee, abp. of York, and Cuthbert Tonstall, bishop of Duresme, to signify unto her, that he took it ill that she still claimed the title of Queen, &c. the passages of which negociation I have thought fit to transcribe out of the Original Record, as containing many material points concerning the whole frame of the business. Their Letter to the King, was this: "Please it your highness to understand, that this day we repaired to the princess Dowager, and there I, the abp. of York, for an introduction to declare to her the effect of our commission, said to her; 1. That your highness had often sent to her divers of your council, and amongst them me, one, to declare unto her the invalidity of the Marriage, between your highness and her; 2. That carnal knowledge, which is the great key of the matter, is sufficiently proved in the law, as also some that were of the council do avow; 3. That upon proof so sufficiently made of carnal knowledge, Divorce was made between your highness and her; 4. That upon Divorce made by lawful Sentence, she was admonished to leave the name of a queen, and not to account or call herself hereafter your highness wife; 5. How that after your highness was discharged of the Marriage made with her, you contracted new Marriage with your dearest wife queen Anne; 6. That for so much as, thanked be God, fair issue is already sprung of this Marriage, and more likely to follow, by God's grace, that the whole | tence against her, yet the Pope had given Sentence with her, whom she took for Christ's vicar, and therefore would always obey him, as his faithful daughter. To the forth, she ans wered, that she would never leave the name of a queen, and she would always take herself for your highness wife. To the fifth, she said that this Marriage, made after her Appeal, which she made by your highness leave and consent, is of no value. To the sixth, she answered, that she is not bound to the acts of the parliament. for so much as she is your highness wife, and not subject to your highness, and also because these Acts were made by your highness subjects in your favour, your highness being party in this matter; with divers other unseeming words. Unto which her Answer I the bishop of Duresme replying, forasmuch as she had said in her communication, that both I and the residue of her council had always shewed unto her, that her matter is just and good; I said, that all the question whereupon we were consulted at such time as the legates were here, depended only upon the validity of the Bull and Breve, albeit I said, that sith that time divers other questions had risen and been debated by many Universities, the chief of Christendom, of which one was Bononia, the Pope's own town; and by them concluded, that after the decease of the brother, who had had carnal knowledge with his wife, the brother living might not marry the said wife by any dispensation of the Pope, because it was forbidden by the law of God. And forasmuch as the Pope (albeit the said conclusions, have been by learned men sent from your highness, declared unto him) never made answer to maintain lawfully his power to the contrary, |