is and detestable treason and offences, as God forbid they should. God save the King." 6 It is to be remembred, that Somerset Herault was in the roode loft behind the hachments of the saide duke Edward: and when Gartar spake these words, expelled and put from the armes,' then the side Somerset violently cast downe into the quire, his creast, his banner, and sword. And when the publication was all done, the officers of armes spurned the saide hachment with their feete out of the quire into the body of the church, first the sword, and then the banner, and then was the creast spurned out of the said quire through the church out at the west doore, and so to the bridge, where it was spurned over into the ditch. And thus was the said Edward late duke of Buckingham fully disgraded of the order of Saint George, named the Gartar. judgement to suffer as in case of treason used, was led againe to his barge, and so conveyed by water, to the Temple staires, where be was set a land, and from thence by land through London to the Tower with the axe afore him, sir William Sands having him by the right arme, and sir Nicholas Vaux by the left arme. And on the 17th of May, being the Fryday before Whitsunday, he was delivered to the sheriffes of London, who led him to the scaffold on the Tower-hill, about 11 of the clocke, and there he was beheaded, in the presence of sir Thomas Lovel and all the people: his body with the head was borne by the fryers Augustines to their church, and there buried in the chappell church for the close. And now followeth the publication at the disgrading of the saide Edward late duke of Buckingham, knight and companion of the most noble order of St. George, named the Gartar, which was read and published by Gar-["It is well known that, by the Attainder of the tar king at armes, at the feast of Saint George, in the quire of Windsore-Colledge, standing on the high pase at the dexe, all the other officers of armes about him, there being also present the lord marques Dorset knight of the same order, then being the kings deputy for the feast, the earle of Essex, the earle of Wilshire, the earle of Kent, sir Thomas Lovel, and the lord la Ware, knights of the said order, with great audience assembled there on the eight of June, the thirteene yeere of Henry the eight, the yeere of Christ, 1521. "Bee it knowne unto all men, that whereas Edward late duke of Buckingham, knight and companion of the noble order of Saint George, named the Gartar, hath lately done and committed high treason against the king our soveraigne lord, and soveraigne of the saide order of the Gartar, in compassing and imagining the destruction of the most noble person of our said soveraigne lord the king contrary to his oath and due allegeance, and for the which high treason the said Edward hath bin indicted, arraigned, convicted, and attainted, for the which detestable offence and high treason, the saide Edward hath deserved to bee disgraded of the said noble order, and expelled out of the saide company, and not worthy that his armes, ensignes, and bachments should remaine among other noble ensignes of the other noble, vertuous, and approoved knights of the said noble order, nor have the benefit of the said noble order wherefore our said soveraigne lord the king, soveraigne of the said noble order of Saint George, named the Gartar, by the advice of the other knights of the said noble order, for his saide offences, and committing of the said high treason, willeth and commandeth that the said Edward duke of Buckingham be disgraded of the said noble order, and his armes, ensignes, and hachments cleerely expelled, and put from among the armes, ensignes, and hachments of the other noble knights of the saide order, to the intent, that all other noble men thereby may take ensample hereafter, not to committe any such haynous The duke of Buckingham, the subject of the pre- 28. Proceedings relating to the Dissolution of the Marriage between King HENRY VIII. and CATHARINE of Arragon: 19 Hen. VIII. A. D. 1528. [Lord Herbert's Life and Reign of Hen. VIII. in 2 Kennett's Compl. Hist. 98. 1 Cobb. Parl. Hist. 507.] OUR king had now for many years enjoyed at least until himself had look'd further into the the vertuous queen Katherine, without that ei- business. In which certainly his intentions ther scruple of the validity of their Match, or privately were to proceed; for besides his disoutward note of unkindness had past betwixt patching his secretary William Knight, doctor them. Nevertheless, as, presently after the of law, to Rome, (whom yet he commanded birth of the princess in 1515-16, (who alone of to advise with our cardinal by the way, being all their children survived), Luther and others then in France,) he took information somecontroverted the authority and extent of the times about his present condition, and somePapal jurisdiction, so in this kingdom, the dis- times (it is probable also) about such ladies as pensation of Julius 2. for the aforesaid Marri- might furnish him a choice for a genial, and age being privately questioned, many of our second bed. In which number the dutchess of learned men concluded it void, as being granted Alanzon, sister to Francis, is the first I find in a case prohibited Jure Divino, and therefore mention'd, whose picture (as Hall saith) was indispensable. This again, whispered in the sent over, about this time. Neither did the ears of many, begot such a muttering, as being cardinal, being certified of these passages, omit brought to the king, made him think what he to comply at least in appearance with him, and was to do. For though he knew that a keep-therefore writ to the king, that the best way to ing of the succession doubtful was one of the obtain his desire, was, to tell the emperor ill arts by which princes conserve themselves, plainly, that, Unless he set the pope free,' (at yet, as a desire to have posterity, which might this time in prison) he would proceed in the succeed him in the crown, prevailed over all Divorce upon his own, and his Ĉlergies autho other considerations, he resolved to clear this rity. After which, he sent for John Clark, point by all fitting degrees; and the rather, bishop of Bath, (then resident ambassador in in that he knew the same objections had been France) and commended him to the king, as a made (though wrongfully) to Edward 4, and person to whom he might discover himself; his children. And certainly (as it appears to and, together, delivered his opinion: 1. That 3 by many circumstances,) it was in the because the party would appeal, the business beginning, as much as he could, in favour of could not be determin'd in England, unless the the princess his daughter. So that, although Pope would give him absolute authority, in the bishop of Tarbe (being sent by Francis omnibus casibus (a Minute whereof to be sent 1527, to conclude the alternative formerly set to Rome, I have seen.) 2. That she should down,) did object openly against her legitima- be persuaded, ad ingressum religionis. And, tion, as being got by the king upon his brother's lastly, if neither of those could be effected, wife, it did not much move him. But, seeing it should be thought of, Quid posset clam fieri it now grown a publick doubt, he thought it quoad forum conscientia? Concerning which more notorious than could be supprest. Neither points, the bishop of Bath at his return speakdid he believe that Charles would be greatly ing (as I find in an Original from the said scandalized at it; since, to avoid the Treaty of bishop to Woolsey), the king reply'd, My lord Windsor, himself had alledged some things to of Bath, the Bull is good, or it is naught; if it this purpose. All which again (as Polydore be naught, let it be so declar'd, and if it be relates) was secretly fomented by Longland good, it shall never be broken by no by-ways bishop of Lincoln (his majesties Confessor,) for me.' Whereupon, the Bishop represented, at the instigation of the cardinal; who both That the Pope's captivity. hindered all suits in hated the emperor, and was averse from the that court, and, howsoever, that the process queen, by reason of her reproving his loose, would be so slow, as it could not be determined aud inordinate life. Though (whatever Poly-in six or seven years. Besides, that there must dore saith,) it will appear hereafter, that Woolsey indeavoured not, finally, the Divorce. Howsoever, on some or all of these causes, the king was much perplext, as knowing how deeply this affair concerned himself, his posterity, and kingdom. And because it was easie to collect of what consequence any runior of this kind might be, he not only sent to our ambassadors in Spain, as is said before, to silence the noise thereof, but used all means possible both to appease those violent jealousies the queen had conceiv'd, and to satisfie his people, be three distinct Sentences given in it, by three divers judges, the two last to be chosen for the adverse party. Lastly, that after all this, the Sentence may be recalled; Quia sententia contra matrimonium, nunquam transit in rem judicatum; adding, in conclusion, as the knot of the business, that the party would Appeal, To which the king answered, He thought she would not appeal from the archbishop of Canterbury, and the bishops of Rochester, Ely and London: as for the tediousness of the suit, since he had patience eighteen years, that he would stay yet four or five more; since the opinion of all the clerks of his kingdom, besides two, were lately declared for him; adding, that he had studied the matter himself, and written of it, and that he found it was unlawful, de jure divino, and undispensable.' Businesses standing thus, and no probability of the queen's fruitfulness since the princess Mary's birth, appearing; and the rather, that Spanish women are observed to be seldom mothers of many children; be resolves to have recourse to the Pope; comforting himself, for the rest, that no other difficulty appeared in removing all these inconveniences, than the obtaining a Dispensation to dissolve that Marriage, which a dispensation only had at first made. He knew the same key that lockt, could unlock. Therefore he thought fit to send to Rome, both to represent the dangerous condition of himself, his issue and kingdom, and to solicite the pope for a licence to marry another. And the rather, for that so many circumstances had made the Bull and Breve, upon which the first Marriage was grounded, to be suspected. The prosecuting whereof therefore (in a dispatch dated 25th Dec. 1527), was recommended, by the cardinal, to sir Gregory Casalis, an Italian; which also he was required to urge so far, as to say, that our king could impute the punishment God had laid on him in taking away his issue male, upon nothing so much, as the unlawfulness of this Marriage; which learned men did also generally so detest, as they held it to be more than the pope could dispense with (as I find they declar'd afterwards, in a book, which was sent thither.) Wherefore, that he should procure a Commission for hearing and determining this cause, to be directed to the cardinal; or, if that were refus'd, to bishop Staphylæus, dean of the Ruoota, who had been lately in England. And that he should furthermore say, that he doubted not, but the Pope would easily grant it, though against the will of Charles; since he had granted Charles a Dispensation and Absolution from the oath which he had taken to marry the princess Mary, without so much as demanding the consent of our king. For facilitating of which business, letters of exchange, to the value of ten thousand ducats, were sent him; as also certain Instruments for the pope's signing, which were, 1. a Commission, in ample form, to hear, and determine the cause in England. 2. a Decretal, wherein the pope, upon probation of carnal knowledge between Arthur and Katharine, should pronounce the Marriage void. 3. A Dispensation for the king to marry another. 4. A Pollicitation, that the pope will not recall any of those Acts. But it was an ill time for sir Gregory to negotiate with the pope; he being, (as I find by an original dispatch of doctor Knight, dated from Rome, Sept. 13, 1527,) so aw'd by Hernando de Alanzon, that he durst neither give the said knight a public audience, nor so much as admit a private message from him, but by the intervention of the cardinal Pisani. So that, what wisdom or piety soever our king might pretend herein, the cojuntura certainly was no way auspicious. And the rather, because the pope, during his imprisonment in the castle of saint Angelo, had been requir'd in the emperor's name (as I find by a Dispatch of doctor Knight's from Orvieto) not to grant any Act concerning the Divorce, nor so much as suffer the cause to be heard before any judge in our king's dominions. I find also in the same letter that Lorenzo Pucci, cardinal Sanctorum Quatuor, being chosen by the pope for dispatching our king's businesses, had told doctor Knight, that the Commission penn'd here in England, for the Popes siguing, might not pass, but that he had minuted another, which the pope (though with some reluctation) bad granted; earnestly intreating our king nevertheless, not to put it in execution, till the Spaniards and Almains were gone out of Italy, and himself left in his full liberty. To confirm which grant also, the same doctor Knight, by a letter (dated Jan. 9, 1528), did certifie, that the king's Dispensation was obtain'd under lead, as amply as the Minute sent from England did contain; and the Commission for the lord legate likewise was granted sufficiently, though not according to the form propos'd; and that it was drawn by the cardinal Sanctorum Quatuor. Moreover, he tells (as in the popes name) that if monsieur de Lautrech were come, the pope thinketh he might, by good colour, say to the emperor, that he was requir'd by the English ambassadors, and monsieur de Lautrech to proceed in the business. All which particularities I have the rather set down, that it might appear how the difficulties that the pope made in this business, seemed to proceed chiefly from humane considerations. Which also is much confirm'd by a dispatch from Gregory Casalis 13 January 1528, where (on the popes part, and in his name) he saith, that if the kings conscience be satisfied (which he alone can best tell) his course were, Ut statim committat. causam, aliam uxorem ducat, litem sequatur, mittatur pro legato, &c. and, that this was the only way for the king to attain his desires : though yet he intreated this advice might be taken, as proceeding from the cardinal Sanctorum quatuor, and Simonetta, and not from himself. And this, certainly, as it may be thought a politick advice, so would it have prov'd safer and easier for both, than a Commission for two legates; which as it took up more time on the kings part, so it caus'd a like danger and inconvenience to the pope. Howsoever, it appeared afterwards, that the king, either out of tenderness of conscience, or consideration of the hazard he should run, if the pope would not confirm this Act, thought not fit to allow thereof; but chose rather to demand a larger Commission than that which doctor Knight obtained; the procuring whereof also he committed to Stephen Gardiner, doctor of law, and secretary to Woolsey, and Edward Fox, provost of Kings Colledge in Cambridge; not neglecting in the mean time, both to in struct the Pope in his cause, and do him all the good offices he could with Christian princes and states, and particularly the Venetians, concerning the restitution of Ravenna and Cervia; though yet it took not such effect as was hoped. Neither did our king forget, by a Letter of cardinal Woolsey's to the protonotary John Casalis, to desire him to acquaint the Pope with some domestick and private passages; which (though out of the respect I bear to that vertuous queens memory) I cannot but mention somewhat unwillingly, yet must not omit, both for the sake of that truth that ought to be in history, and as it seems to contain some motive of the kings intentions. I shall set down the words in Latin as they are extant in our Record, Sunt nonnulla secretò Sanctissimo Domino nostro exponenda, & non credendu literis, quas ob causas, morbosq; nonnullos, quibus, absque remedio, regina laborat, & ob animi etiam | conceptum scrupulum, Regia Majestas nec potest nec vult, ullo unquam posthac tempore, ca uti, velut uxorem, admittere, quodcunq; evenerit. There are besides some particular reasons to be laid before his holiness in private, but not proper to commit to writing, upon which account, as well as by reason of some distempers which the queen lies under without hopes of remedy, as likewise through some scruples which disturb the kings conscience, insomuch that his majesty neither can nor will for the future look upon her, or live with her as his wife, be the consequence what it will.' Gardiner and Fox, receiving their Instructions in February 1528, repaired first to Francis, from whom they readily obtained a promise to co-operate puissantly with the Pope, for effectuating the kings desire, as also a persuasory and menacing Letter in case of refusal to the Pope; for complying wherewith also the bishop Staphylæus was sent by him to Rome not long after. Our ambassadors having given the king account hereof, proceeded in their journey to Italy, and coming at last to Orvieto, where the Pope then was, they found him lodged in an old and ruinous monastery, his outward chamber altogether unfurnished, and his bed-chamber-hangings, together with his bed, valued by them (as the original Letter hath it) at no more than 20 nobles. The Pope yet received them lovingly; though not without the anxiety of one who could neither safely grant, nor deny the request of a king to whom he so much owed whatsoever liberty he enjoyed. Their Instructions for the present, were only yet, to thank him for the Commission and Dispensation granted in this business to doctor Knight, and after intrusted to Gambara his agent here (successor unto Melchior Langus, who was first authorized by the Pope, to give queen Catherine notice of this affair, together with the Popes secret intention therein.) They added further, that by Gambara, as also by sir Gregory Casalis, our king had gladly understood, how all defects, upon due remonstrance, should be supplied and amended. They were charged also, from the cardinal, privately to protest in his name, that he was no author of this counsel. After which they were desired, by him, to proceed to the merit of the cause, and qualities of the gentlewoman (being, as Í take it, mistriss Bolen.) The perplexed Pope, who knew well how much the Spaniard was interessed herein, heard them at this time with more fear, when at another time he would have granted their request. Therefore, together with an ambiguous answer, which he gave them by word of mouth, he sent in cipher a Letter to our king, of so much irresolution, that it needed no other cover. Howsoever, as the commission of our ambassadors was to stay till further order was given, they seemed to take all in good part. At last our able negotiators, urging the aforesaid and many other motives to the Pope, and he again finding the French and confederate army puissant and victorious in the kingdom of Naples at that time, made no difficulty to grant a full Commission to two legates, to hear and determine the Cause in England, being (according to the kings desire) Woolsey and Campejus (not long since made bishop of Salisbury.) Besides, it seems he granted this following Pollicitation, or Promise, dated at Viterbo, July 23, 1528, which yet, being no original-piece, but an ancient copy, extant among sir Robert Cottons Records, I shall mention but according to the credit it may deserve from the equal reader; only I must not omit to say, that, as divers original dispatches, both before and after, give some touches of it, and that the date for the rest is added, so it may challenge better credit than to be thought a Minute, and much less a counterfeit and supposed piece, which also is the more probable, in that the Pope granted amplier testimonies than this, in favour of the Divorce; howsoever they were either controlled again, or detained in the hands of his ministers, after that sort, that our king might well take notice, but neither copy nor advantage of them. The Pollicitation. "We Clement, by the providence of God the 7th Pope of that name, having duly weighed with how much justice our well beloved son in Christ, Henry 8, king of England, defender of the faith, and lord of Ireland, hath laid before us as a thing notorious, publickly known, and of evil report, his case concerning the nullity of a Marriage, which he did both contract, and de facto, consummate with our most dear daughter in Christ, Catherine, daughter to the most Catholick king, Ferdinand of Spain, of glorious memory, contrary to the laws both of God and man, which he thereby grievously transgressed; and having thereupon issued out our Commission in form and manner there expressed (which Commission we do hereby confirm and ratifie, as much as if here again expressed and inserted) to our beloved sons in Christ, Thomas and Laurence, by the Divine Grace, Cardinals, Sancta Cecilia,and Sancta Maria in Transtiberim, our Legats de Latere in the kingdom of England, from the Aposto any that time made, that every such act and attempt shall be null and void and it is hereby made null and void, and is declared, pronounced, and adjudged, to be of no force and efficacy.---Given at Viterbo July 13, 1528, in the fifth year of our Pontificat. CLEMENT V." This while, the queen, who understood well what was intended against her, laboured with all those passions which jealousie of the king's affection, sense of her own honour, and the legitimation of her daughter, could produce; laying, in conclusion, the whole fault on the cardinal; who yet was less guilty than the queen thought, or Polydore would make him. I will not deny yet, but out of due regard to his masters interests (so nearly concerned in this great affair,) as well as care of giving satisfaction to his conscience, which seemed much troubled, he might comply with the kings desires; but to be the single author of a counsel, which might turn so much to his prejudice, when the king should die, is more than may easily be believed of so cautious a person as Woolsey. And this innocence, perchance, was the reason that he neither suspected himself to be so much abhorred of the queen, nor to stand in that danger of her practices which yet procured at last his ruine. The first who gave the cardinal notice of the queen's displeasure (as I find by a Letter of his dated at Feversham, 5 July 1527, then in his journey towards France,) was the archbishop of Canterbury; the consequence whereof he so much apprehended, that he thought fit to use all means for satisfying her. Therefore he presently laboured with the abp. to persuade the queen, that whatsoever she heard in this kind, was intended only for clearing the surmises of the bishop of Tarbe, formerly mentioned. Ile writ also to our ambassadors in Spain, to quench all rumours there, upon the same pretext. But the queen had sent those agents abroad, (and amongst them, one Abel, her chaplain) who both informed her of all that passed, and engaged the emperor to assist her to the uttermost of his power. Therefore the Pope stood more and more suspended. The pace of Campejus (the promised legate) also appeared staggering and slow; and all that might frustrate the king's intentions, was se lical See; whereby we did constitute and ap- we do hereby for that time, will and declare as point them (as we do by the tenor of these pre-effectually as if this our Declaration were at sents, most fully and effectually constitute and appoint them either together or asunder) in our stead to examine, and finally to determine as competent judges in this Cause; that we may give the more manifest and evident token of our tenderness and affection to the aforesaid king Henry, in speedily administring justice, and freeing him by our immediate Sentence, from that tediousness and vexation wherewith the most just causes (by the corruption of the present times) are so far embarrassed, as scarce to be finished, and finally determined in an age: and being desirous that the Process carryed on, or to be carryed on according to the tenor of the said Commission, may be firm, valid and irreversible, we do engage, and upon the word of a Pope promise, that we will never by the entreaty, request or instance of any person, or from our own mere motion, or otherwise, at time grant any letters, breves, bulls or writs of any sort, either under shew of justice, as acts of grace, or on any other pretence whatever, to inhibit or revoke the matter of the Commissions heretofore in the above-mentioned cause issued out, of the foresaid Commission, or of the Process by these our delegates, according to the tenor of the former commissions, or said commission either yet formed and made, or to be formed and made hereafter, whereby any prejudice, hindrance or interruption may be given to the full, perfect, final and effectual execution of the said commissions, commission or process, or whereby all or any of them may in any wise be revoked, opposed or retarded in the whole, or in any part of them; but we will preserve entire, ratifie, confirm and defend to all purposes with our utmost power and authority, most effectually the commissions and commission granted by us to our foresaid delegates, and the Process which the said delegates according to the tenor of the said commissions or commission, by their plenary power and authority have or shall form and carry on. Lastly, we will effectually make valid, and without refusal, delay, or any difficulty whatever, grant all such letters, breves, bulls or writs, which may serve any ways to strengthen or confirm the execution of the said commissions, commission, or fore-mentioned process, or to ratifie and establish any things by virtue thereof, by our fore-cretly practised. This while the cardinal, said delegates decreed, determined or adjudged. And we do furthermore engage and promise, upon the word of a pope, that we will in no wise (unless by force and violence compelled, or by fraud and treachery surprized) injure all or any of the foresaid particulars, or act or attempt any thing contrary to them, or any of them directly or indirectly, tacitly or expressly, mediately or immediately, upon any colour or pretence whatsoever; but will support and preserve all and every of them firm, valid, fixed, and inviolable. And farther, if (which God forbid) we should act or attempt any thing in any wise against the premises, or any of them; VOL. I. (who out of the king's designs would ever produce and subrogate some particular end of his own, whereof, either in point of glory or profit, he might make advantage) had so disposed this of the Divorce, as thereby to mediate the Pope's entire delivery, not only from the guards, but even fear of the emperor. Again as, during the Pope's restraint, he had, (under pretence that it was the best expedient for the king's proposed Divorce) projected a meeting of cardinals at Avignon, for settling the govern ment of the Church, where he himself intended to be present; so, now, since the king liked not that course, and that the Pope was free, X |