CHAP III A. D. 1529 have respect to the weal of the See Apostolick, that if he should do such an high injury to the King and his Realm, and an act so contumelious to us his Legates, and so contrarious to his Faith and Promise, he should thereby not fail so highly to irritate the King and all the Nobles of this Realm, that Danger of undoubtedly they should decline from the obedience of the See the Pope's calling the Apostolick, and consequently all other Realms should do the semblable, forasmuch as they should find in the Head of the same, neither justness, uprightness, nor truth; and this shall be necessary, as the case shall require, well to be inculked and put in his head, to the intent his Holiness by the same may be preserved from granting, passing, or condescending to any such thing."8 cause to Rome The Pope About the same time, also (April 6th), the King himself wrote to his ambassadors, urging them to use all means possible to prevent the Pope from revoking the cause from the legates' court in England to his own in Rome, which it was now strongly suspected was his Holiness' intention; and that they did not measure their language too nicely in acting on the King's instructions is shown by Dr. Benet's graphic description of the Pope's demeanour on the occasion: "To this his Holiness most heavily, and with tears, answered and said, That now he saw the destruction of Christendom, and lamented that his fortune was such to live to this day, and not to be able to remedy it (saying these words), for God is my judge, I would do as gladly for the between King, as I would for my self; and to that I knowledge my King and Emperor self most bounden, but in this case I cannot satisfie his desire, but that I should do manifestly against justice to the charge of my conscience, to my rebuke, and to the dishonour of the See Apostolick; affirming, that his counsel shews him, that seeing the Cæsarians have a mandate or proxy of the Queen, to ask the advocation in her name, he cannot of justice 8 Burnet, iv. 110, Pocock's Ed. III deny it, and the whole signature be in that same opinion; so CHAP that though he would most gladly do that thing that might be to the King's pleasure; yet he cannot do it, seeing that A.D. 1529 signature would be against him whensoever the supplication should be up there: and so being late, we took our leave of his Holiness, and departed, seeing that we could obtain nothing of the Pope for stopping the advocation." munica intentions peror During all these proceedings there appears to have been no official communication between the Emperor and the King on the great subject in which First comthe honour of each was so much concerned. But tion of Ghinucci, Bishop of Worcester, and Dr. Lee, who Henry's were the King's ambassadors to the court of Charles, to the Emcommunicated with the latter respecting it on April 5, 1529. There could only be one reply, and that was to the effect that the Emperor regretted very much the course Henry was taking, and that he would defend the Queen's cause. He also suggested a reference to the Pope, or to a General Council. This was followed up by a formal protest on his His receppart against any proceedings being taken in England. To the Earl of Wiltshire he would scarcely listen, rightly considering it an insult to the Queen that Anne Boleyn's father should have been sent on such an errand. But the Emperor damaged Catherine's cause, in the hearts of the English peo 9 Dr. Benet's letter to Wolsey. Burnet, iv. 123, Pocock's Ed. The letter is dated July 9th; the delay having been caused by the Pope's illness. Notwithstanding all these tears and protestations, it seems to be a fact, that the Pope had sent by Campeggio a "decretal bull," in which all that Henry desired was granted, and also a written promise that he would not avocate the cause to Rome, or reverse the decision of the legates. These documents were conceded after tion of it CHAP ple, by trying to stir up rebellion. Wolsey had III information that he had said, "before the winter AD. 1529 was over, he would fling Henry from his throne by His foolish means of his own subjects:" a foolish boast which Wolsey took care to make public; and to which the reply was that it had lost the Emperor 100,000 English hearts. boast cense to legates to act It was found at length that the critical moment could not be postponed any longer. On May 31, 1529, letters patent were issued under the great seal, Royal li- giving the legates permission to carry out the Pope's commission for so jealously were the rights of the Crown always guarded that even in a case like this, where the King and Queen were the persons between whom the cause was to be tried, the Pope's authority could not be set in motion without express license from the King. This being given, the legates opened their court pro formá on the same day in Their court the great hall, or 'parliament chamber," of the Black Friars' Palace, and having issued citations to the royal plaintiff and defendant for each to enter an appearance on the 18th of June, they adjourned the court to that day. When the day arrived formal appearances were put in by the proctors of the King and Queen, some preliminary business was transacted, and the court again adjourned to the 21st, when more important events took place. opened 66 Of the proceedings of that eventful day we have an account handed down to us by two eye-witnesses, the one being the King himself, and the other Cavendish, who was in attendance upon Cardinal Wolsey, and who seems never to have attended his master anywhere without casting a shrewd eye over the scene, and listening with all his ears. III Now, I will set you out," he says, "the manner of the CHAP said court. First, there was a court planted with tables and benches in manner of a consistory, one seat raised higher A.D. 1529 (for the judges to sit in) than the others were. Then in the midst of the said judges, aloft above them three degrees high, was a cloth of estate hanged, with a chair royal under the same, wherein sat the King; and beside him, some distance from him, sat the Queen. And under the judges' feet sat the scribes, and other necessary officers for the execution of the process, and other things appertaining to such a court. The chief scribe was Dr. Stevens, afterward Bishop of Winchester,1 and the apparitor, who was called Doctor of the Court, was one Cooke, commonly called Cooke of Winchester. Then before the King and the judges, within the court, sat the Archbishop of Canterbury, Dr. Warham, and all the other bishops. Then stood, at both ends within, the counsellors learned in the spiritual laws, as well the King's as the Queen's. The Doctors of Law for the King was Doctor Sampson, that was after Bishop of Chichester, and Doctor Bell, which was after Bishop of Worcester, with divers other; and procurators in the same law, on that side, was Doctor Peter, who was after chief secretary, and Doctor Tregonwell, with divers others. Now, on the other side, there was a counsel for the Queen standing there; that is to say, Doctor Fisher, Bishop of Rochester, and Doctor Standish, Bishop of Saint Asaph, in Wales, two notable divines, and in especial the Bishop of Rochester, a very godly man, for whose death many noble clerks and good men lamented, who lost his head for this cause, ere it was ended, on Tower Hill. There was also another ancient doctor, called Doctor Ridley, a very small person of stature, but surely a great and an excellent clerk in divinity. Thus was the court ordered and furnished." 2 It must have been a strange sight to witness, this Henry an of a great sovereign submitting his cause to an alien 1 Stephen Gardiner. 2 The learned man so quaintly described was uncle to Bishop Ridley, who was educated by his K care, and at his expense, at three swers to his name III CHAP judge, and when the crier called "King Henry of England, come into court," answering "here in A.D. 1529 recognition of a human judge higher than himself: and one cannot but feel that to serve his own ends the King was lowering the dignity of the Crown of Catherine England. When the Queen was called by the swer to her crier in the same manner, she returned no answer, but rising from her distant seat, she walked round the court to the front of the King's throne, knelt down, "and said in effect these words, in broken English, as here followeth :" will not an name but appeals "Sir," quoth she, "I beseech you to do me justice and to the King right, and take some pity upon me, for I am a poor woman for justice and a stranger, born out of you dominion, having here no declares be his wife indifferent counsel and less assurance of friendship. Alas, Sir, what have I offended you, or what occasion of displeasure have I shewed you intending thus to put me from you after this sort? I take God to my judge, I have been to you a true and an humble wife, ever conformable to your will and pleasure, that never constrained or gainsaid any thing thereof, and being always contented with all things wherein you had any delight or dalliance, whether it were little or much, without grudge or countenance of discontent or displeasure. I loved for your sake all men whom you loved, whether I had cause or no cause; or whether they were my friends or enemies. I have been your wife this twenty years or more and ye have had by me divers children. And when ye had me at the first, I take God to my her right to judge, that I was a very maid; and whether it be true or no, I put it to your conscience. If there be any just cause that you can allege against me, either of dishonesty or other matter lawful to put me from you, I am content to depart to my shame and rebuke; and if there be none, then I pray you let me have justice at your hands. The king your father was in his time of such an excellent wit, that he was accounted among all men for his wisdom to be a second Solomon. And |