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that his fcruples began fooner. For in a Letter (7) after-
wards to Grynaus, he told him, he had abftained from
the Queen ever fince the year 1 524.

But fuppofing it could be difcovered at what time
Henry begun, either of himfelf, or by the Suggeftion of
others, to be troubled with thefe fcruples, it would fii;nify
nothing with refpect to his refolution concerning the Di-
vorce, which in all appearance was taken much later.
Polydore Virgil fays, Longland Bifhop of Lincoln, tlie
King's Confeffor, laboured to perfuade him of the necef-
fity of the Divorce by Caidinal JVolfey's order, but men-
tions not the time. All the Hiftonans affirm, the K.no- ruma,
had recourfe himfelf to Thomas Aquinas's works to clear
his doubts, and caufed the Bifhops to be confulted upon
that head. But none of them fay at what time this wa;
done. It is well known, Secretary Knight was dilpatcheJ



(1) It was at firft reported, That King Henry was to marry Margaret Duchefs Dowager of Alenfsr., and that Ticmas Bullen Vifcount RccbfirJ had brought
over her Picture with him, when he returned from his Embaffy to France, ft ' lltngjhead, p. 897. Pel. Virg. 1. 27.

(2) Her true name was Ann Boleyn, as it is always written in the Publick Acls. The Englijb write Boltn, or Bullen, and the French Bottle*. Rafiit,

(3) Elizabeth Htrward.

(4) His Mother was Margaret one of the Daughters and Co-Heirs ofTtcmas Bottler, Earl of IVi.'t/bire and Orntond. His Father was Sir William, and his
Grandfather Sir Ge-.ffrey Boleyn, or Bulleyn, Lord Mayor of London in 145S, who married Am: -ldeft Daughter and Co-Heir of ttmal Lard Hoo and Htflir.gt.
Dugdalts Baron. Vol. II. p. 306. Camden.

(5) Sir Thomas Bulleyn was accompanied to Paris by Sir Anthony Brown, Hall, fo], 157,

(6) She had, befides, feveral Mifcarriages. Burnet , Tom. I. p« 36,

(7) Dated September 10, 1 j jt, Idem. p. 38.







77.6



The H I STORY of ENGLAND,



Vol. I.



1527.

Burnet.
Herbert.



CwipHuie
tip<m tin
iuijrfl,



to Rome about this affair in July 1527, but then the ru-
mour of the King's meditating a Divorce had already
reached the Court of Spain, as appears in the Cardinal's
Letter to the King from Abbeville (1). It is alfo very
probable, that before he engaged in this affair, Henry had
coniidered of it fome time before. It is fcarce to be fup-
pofed a refolution of this nature can be taken lightly, or
when taken, immediately executed, without thoroughly
weighing the difficulties, or waiting a favorable Juncture.
Henry faid himfelf that the Bifhop of Tarbe bred the
thought of annulling his Marriage. But if it be true, as
fome affirm, that the Bifhop fpoke only as directed by
Cardinal Wolfey, it may be prefumed, the project of the
Divorce was formed fome time before, and this Ambaffa-
dor made to fpeak only to have an excufe to commence
the affair. This is what feems to me extremely probable.
Indeed it is not likely the Ambaffador, after thus queftion-
ing Mary's Legitimacy, would have concluded the Mar-
riage of the King his mafter, or of the Duke of Orleans,
with that Princefs, had he not ailed in concert with the
Court of England. Thefe then are my thoughts, which
I fubmit to the Reader's Judgment.

Ever fince Francis was freed from his Captivity, he
had never ceafed to prefs Henry to join with him in an
off'enfive League againft the Emperor. But Henry had
conftantly excufed himfelf, without even fuffering him to
entertain the leaft hopes in that refpect. However, Lord
Herbert fays, that about the end of the year 1526, Henry
of his own accord fent an Ambaffador to France to pro-
pofe this League, fo eagerly delired by Francis, and to
offer him his Daughter Mary in Marriage. This pro-
ceeding gives occafion to believe, he had now refolved
upon the Divorce, and forefeeing how much the Emperor
would oppofe it, intended fo to embarrafs him as to oblige
him to court his Friendfhip. Upon this fuppofition it
may naturally be conjectured, that he propofed the Mar-
riage of his Daughter with the King of France, only to
convince the Emperor, that he really defigned to be ftrict-
ly united with France. But at the fame time it is very
likely, he informed Francis of the obitacle which would
occur in the execution of this pretended project, namely,
the Divorce of the Princefs's Mother, which he was me-
ditating. This Conjecture is confirmed by the coldnefs
wherewith thefe two Monarchs treated of the Marriage.
In the firft place, Henry left it to the King of France's
choice, to have Mary himfelf, or to leave her to his fe-
cond Son, as if this alternative were the fame thing. In
the next place, when Francis declared he would leave Ma-
ry to the Duke of Orleans, the treating more fully con-
cerning the Marriage was deferred to another time. In
the third place, in the Treaty Francis and the Cardinal con-
cluded at Abbeville, they took care to infert this Claufe:
That though the Marriage Jhould not be effected, the Treaty
however Jhould fubji/l. In fine, though Knight was now
at Ro?ne, or on his way thither, when the Treaty of
Abbeville was concluded, it does not appear Francis ever
complained to Henry, that he had offered him a Princefs
whom he was labouring to baftardize, in profecuting his
Divorce with the Queen her Mother. On the contrary,
he affifted him to the utmoft of his power to obtain his
defires. But he muff have looked upon the offer as an
affront, had they not underftood one another. If this
Conjecture has any foundation, it may be inferred, that
the refolution concerning the Divorce was taken at leaft
about the end of the year 1526, though the execution
was deferred till the middle of the next year. But in that
cafe, it would therefore be true, that the King had re-
folved upon the Divorce before his ppffion for Ann Bidlcn,
who, in all appearance, returned not into England fooner
than OSlober 1527.

From what has been faid it may be gathered, that to
affirm with any probability, that Henry's paffion for Ann
Builen was the caufe of his Divorce with Catherine, thefe
queries muft be decided in favour of that opinion. At
what time did Ann Builen return into England ? When
did the King's love for her firft begin ? When was it
that he came to a refolution concerning his Divorce ? But
upon all thefe queftions, conjectures only, as I have ob-
ferved, can properly be formed. Thus much is certain,
that between the refolution about the Divorce, and the
beginning of the King's love, was no great diftance of
time. There we muft ftop. But it is going too far, to
ground upon this nearnefs, as a certain fact, that Henry
undertook the profecution of his Divorce with Catherine,
on purpofe to marry Ann Builen. I fay, moreover, that
though there was no difficulty about the times, and they
exactly correfponded, yet as to what palled in the Kind's
Breaft, it would be only Conjecture.



I have enlarged a little on this point, becaufe the il- 1527.
luftrious Author of the Hiftory of the Reformation feems
to leave it fomething in the dark. Befidc-s, I thought it
requifite to curb the over-confident, by informing the Rea-
ders of what is true, and what doubtful in the matter.
We fee it in many Iliftories, and hear it every day pofitivc-
ly affirmed, as if there was no difficulty, that Henry's Love
for Ann Builen was the fole Caufe of his Divorce with
Catherine of Arragon, though, as I have fliewn, it can
only be faid by conjecture, and the conjecture it felf
does not countenance that notion. Not that Henry VIII
is to be coniidered as a Prince incapable of being milled
by his Paffion, even to the facrificing Catherine of Arra-
gon to Ann Bidlen. Why fhould he have been more
fcrupulous with refpect to Catherine, than he was with
regard to Ann herfelf, whom he made no difficulty to fa-
crifice to a third Wife, as will hereafter be feen. He was
a Prince of an impetuous Temper, who could bear no
oppofition to his Will. The Flatteries of his Subjects,
and the extravagant Praifes continually beftowed on him
by the Sovereigns who ftood in need of him, had poffef-
fed him with fuch a conceit of his own Merit, that he
imagined his Actions ought to have been the ftandard of
good Senfe, Reafon, and Juftice. When therefore it is
faid, his love for Ann Builen caufed him eagerly to pulTi
the affair of his Divorce, of which othei wife the difficulties
would perhaps have difcouraged him, nothing is affirmed
repugnant to his Character. Only care muft be taken,
not to aflert for an undoubted Truth, what is but a bare
Conjecture.

_ However this be, without dwelling longer upon the Mttiva 0/
King's fecret motives, and endeavouring to difcover his ,he Dhmtt
Thoughts, which lie hid from human eyes, let us con- ntnr'f **
tent our felves with what he publifhed himfelf. In the Burnet!
firft place, he faid, He was troubled in confeience for his
Marriage with Catherine, and indeed he had but too
much reafon. The wonder is, that he had not thefe
fcruples more early. He had married his Brother's Wi-
dow, and found it forbidden by the Law of Mofcs. It
is true, he had the Pope's difpenfation. But he could not
be ignorant that many learned Divines were of opinion,
that the Pope could not difpenfe with the Laws of God.
This was fufficient to give him very juft Scruples. As He hhoun
foon as thefe doubts had poffeffed him, he was willing to '". '"■•"'""
clear them, and found in Thomas Aquinas what he had t^JL^T
perhaps inattentively read many times : Firft, that the Bumet.
Levitical Laws are moral and eternal : Secondly, that
the Pope cannot difpenfe with the Laws of God, be-
caufe to difpenfe with a Law, one muft be fuperior [or
equal] to the Law-giver. This decifion of a Divine,
for whom he had a great eftcem, confirming his fcruples,
he defircd Archbifhop JVarham, who had formerly de-
clared againft the Marriage, to confult the Bifhops of
England upon this occafion. Some affirm, that Longland Wolfey /?>»
his Confeffor cherifhed hi; doubts, by the private orders 'I ' t '"^ h **
cf Cardinal Wolfey, which is not improbable. The Queen p'ohvirg.
was Aunt of the Emperor, with whom Wolfey had reafon Burnet,
to be difpleafed. Befides, the Favorite loved not the Queen £ Ia "."
herfelf, becaufe fhe could not help fhewing how much
the was offended, that a Bifhop, a Cardinal, a Legate of
the Holy See, fhould lead fo fcandalous a life. However Tit B : fat
this be, foon after the Archbifhop prefented to the King c ^ m " t "
a writing, under the Hands and Seals of a!! the Biihops, with Cube.
wherein they condemned his Marriage as contrary to rin&
common decency, and the Law of God. Only Ft/her g^"' 1 '''"
Bifhop of Rochejler refufing to fet his hand, it is faid the
Archbifhop made another write his name unknown to
him (2). But the Bifhops were not the only Perfons
of this opinion. Since Luther's Works began to appear, Tie Pr/>!e
many People in England were put out of their former hi'o h "" ^ ,kc
conceit of the Papal Power. As therefore the validity 'of i&eTu*
the King's Marriage was wholly founded on Julius II's
Difpenfation, it was publickly difputed whether the Dif-
penfation could authorize a Marriage (o notorioufly repug-
nant to the Law of God: Nay, many who were other-
wife ftrongly attached to the Court of Rome, could not
relifli the Doctrine of the Pope's difpenfing with the
divine Laws. All thefe things confpired either to breed
or confirm the King's fcruples.

But it was not only fcruples of Confeience that Henry Reefmi of
alledged to juftify his defign. He pretended, that though s ""' aUei l'
he were regardle.s of his falvation, or able to overcome c ^{
his fcruples, the good of his People required the preven- Burnet,
tion of an inconvenience which was eaiily to be forefeen.
He had but one Daughter, and very likely fhould have
no more Children, if his Marriage were not annulled.
If therefore, after his deceafe, the validity of his marriage
with Catherine fhould come to be queftioned, he forefaw



(1) Dated Augufil. 1527. See Mobirt, p. 84.
(z) This particular is not very certain. See Burnet Ref. Tern.
Carllfic, Ely, St. rffafb, Lintch, and Bath.



Hi.



p. 3S. It was figned on Ju'y I. by Wirham, TuiJIul, Tljhcr, and the B /hops of



England



Book XV.



20. HENRY VIII.



777



1527.



England would again be involved, on account of the Sue- the Hhjg's Confidence, by confirming whatever had bi-en 1527.

ceflion, in troubles from whence flic was but juft freed, done, by a new Bull.

Alan his Daughter, the King of Scotland his Nephew, Mean while, as the Pone's compliance was not <L

the Queen Dowager of France, could equally pretend to in hi, prefeKlt circumftances, the King fent Doctor J';

the Crown, upon very plaufible Re.ifons. Mary could Knight Secretary of State to Rome, to de-fire him to fign /;



alledge the Pope's difpenfation againft fuch as fliould
charge her with her being born of an unlawful Marriage.
The King of Scotland, who was next Heir after her,
could maintain, the Difpenfation was not valid. The



four Inftruments drawn in England. The firft V/i
Commiffion to Cardinal U'oljcy , to try and decide th
affair with fome Engli/li Bifhops. The fecond was a Bull
Decretal, declaring the King's Marriage with Catherine



Queen Dowager the King's Sifter could alledge, that the void, becaufe Arthur's with the fame Princel S con

firft was Illegitimate, and the fecond, a Foreigner. Thcfe fummated. By the third, the Pop granted the J-Cing a



feveral Claims might eafily kindle a civil war in Eng-
land, where it was but too vifible that each would find
Adherents , not to mention the foreign fuccours they
might be fupported with. Henry therefore imagined there
was but one way to prevent this danger, namely, by an-
nulling his Marriage, and taking another Wife, by whom,



Dilpenfation to marry another Wife. By the fourth, he
promifed never to repeal anv of the three foregoing
Acts.

Knight departed from England in '/«/>', alx>ut the ft' />»</• «
time the Cardinal besan bis journey to confer with the M "*'' r "' 1
King of France (2). But as the Pope was Prifoner, and p, ur i



with God's blefling, he might have Sons. He to whom guarded by a Spanijh Captain , it was impoflible for Herbert.



the fecrets of all hearts are open, can only know for
certain, whether this Thought was inf Trilled into him by
the danger he forefaw, by his averfion to the Queen, or
by his Love for Ann Bullen. But however this may be,
independently of the feveral motives afcribed to him, it is
certain, there was great danger of the Kingdom's being
one day expofed to a civil War, if the King remained till
death in his prcfent ftate, and he faw no other way to
Jtrt/osi put- come out of it, than by annulling his Marriage. It is
'"% b,m '" true, he forefaw great oppoiition from the Emperor the
Queen's Nephew, who was then very powerful. But on
the other hand, as that Monarch had himfelf fhown on



boptt of

\uveeding.

Burnet.



Knight to have an audience. He found means however
to convey to him a Memorial (3), containing the fum of
his Commiffion, to which the Pope returned a (.v
anfwer. He made believe he would grant whatever the
King defired, though the Emperor had already required
him by the General of the Frar.cifcans, not to tio any
thing in that affair, without communicating it to his Mi-
nifters. By the way, this fhows, Henry had rcfolved
long before to fue for his divorce, fnice the Emperor had
time to hear of it, and fend to the Pope. As it w.is not
practicable for Knight to treat with the Pope in :



the matter was carried no farther at that time. At v.'. , •
this occafion fcruples, which hindered him from efpoufing length, the news of the Pope's going to be releafed, £ '
Alary, Henry hoped, he would not obftinately maintain reaching England, Cardinal IFolfcy writ to Sir Gregory E ,
what he had himfelf queftioned. Befides, the juncture Cajfali (4) the King's ordinary Ambaffador at Rome, to
feemed very favorable for his purpofe. The Pope, who order him to join with Knight, and prefs the Pope to
was Prifoner in the Caftle of St. Angela, feemed to have grant the King's requeft. This Letter was worded in
no other reflburce to be reftored to his former ftate, than very ftrong terms, and fhowed the Cardinal's defire that

the Divorce fhould be effected. It was dated the 5th of
December 1527, the Cardinal not yet knowing, that the
the Pope had made his efcape the 9 th of the fame
month (5).

Clement VII being retired to Orvieto, Knight went f 6) Knighr c-^



the affiftance of France and England, and Henry did not
queftion that Francis, who ftood in need of him, would
promote his Proceedings to the utmoft of his power.
As to the reft, he never doubted the Pope's authority,
reckoning that ClAnent VII could revoke a Difpenfation



Beaf>ns to k
la.dbepte
the Pop:.
Burnet.



;ranted by Julius II. Nay, Cardinal IVolfey warranted and talked with him about the affair
the fuccefs of the affair, whether he had already gained
the Pope, or imagined, that Clement in his prefent cir-
cumftances could deny the King nothing. So, it was
refolved the Suit fhould be moved in the Court of Rome,
to caufe the Marriage to be annulled.

The beft reafon that could be alledged, was, That
Julius's difpenfation was contrary to the divine Law,
and that alone ought to have been fufficient. But it



1 CafTali talk

The Pope owned _.
he had received his Memorial, and promifed again to do p.p. ;
all that lay in his power for the King's fatisfaction, but Burnet.
prayed him not to be too hafty. His circumftances then wU rvwi re
were fuch, that he did not vet know, whether he fhould gaintim.
want the King of England, or whether the Emperor
would agree with him. Wherefore he defired to gain
time, in order to proceed as fhould beft fuit with his in-



tereft. But for that reafon, and becaufe the King's or-
would have been imprudent to begin with difputing the ders were urgent and pofitive, Knight would not delay his
Prerogative of the Roman Pontiffs, when a favour was to Negotiation. He earneftly preffed the Pope, who promifed *£*"^J
1 i" be asked of the Court of Rome. Recourfe therefore was at laft to fign the Acts, on condition no ufe fhould be tbt '^ r . g i t .



Ju1ius'jB»//. t0 t, e n;i j t0 another expedient, which was to find Nul-
lities in Julius's Bull, and fhow it was procured by fa lib
furmizes, and untrue fuggeftions, which rendered the Bull
revocable, even according to the Rules of the Court of
the Rota (1). And this was not very difficult. The Bull
was grounded upon Henry's and Catherine's requeft, fet-
ting forth that their marriage was neceffary to prefervc
Peace between England and Spain, And here were
found two reafons for revoking the Bull. The firft,
that Henry being then but twelve years old, could not
be deemed to have any political views, whence it was in-
ferred, that the requeft was not his own. The fecond,
that the fuggeftion was falfe, fince as matters then ftood
between Spain and England, the Marriage was not at
all neceffary for the prefervation of Peace between the
two Crowns, and consequently Julius II had been fur-
prized. Another Nullity was found, as the Bull havinc
no other foundation than the maintenance of Peace and



made of them, till the Germans and Spaniards were de- Jlra.
parted out of Italy. Knight willingly accepted of the con-
dition, imagining, when the Inftruments ready figned
were in the King's hands, he would ufe them when he
pleafed. But the Pope was not eafily to be deceived.
Whilft he feigned to have no other view than to fatisfy
the King, he was only contriving to gain time, be.
ready to facrifice him if he found it for his advantage. He
ufed therefore all his art to prolong the affair, by means
unfufpected by t.':e King. To this end, he told Knight
that before the Inftruments were executed, he fliould be
glad to talk with the Cardinal Sa,:-!irum §>uaiuor.

The Pope having thus e-ig.iged, Kr.-ght and Cajfali
fancied they had no more to Jo, than to prepoffels in
the King's favour the Cardinal, whom the Pope in-ended yJJ^*/^
to confult. They were at no great pains to fuccecd, <■
fince, befides ten thoufand Ducats which they had in hand Herbert,
to reward fuch as fhould do them fervice, they were em



But It fn.it



Union between Henry VII and the King and Queen of powered to make what farther promifes, they fhould think

Spain, this reafon ceafed when the Marriage was confirm- fit, in the King's name. The Cardinal examining the

mated, fince Henry VII and Ifabella were now dead. Inftruments fent from England, found very great faults,

In fine, it was alledged, that Henry VIII having protefted particularly in the Legate's Commiffion, and took upon

againft his marriage before confummation, thereby renoun- him to draw one more perfect. Which done, Knight

ced the liberty granted him by the Bull, and therefore and Cajfali waited on the Pope, and preffed him to fign.

another Bull was neceffary to render the Marriage valid. He did not abfolutely refufe, but laid, The Emperor



But all thefe reafons were produced only to afford the
Pope a pretence to revoke Julius's dilpenfation. For, if
the contrariety of the Difpenfation to the divine Law, was
not the real foundation of fuing for the Divorce, nothing



having required him not to act in that bufinefs without
imparting it to him, it was neceffary to find fome ex-
pedient to excufe lb hafty a proceeding : That there-
fore it would be proper to caufe Lautrcc to march to-



would have been more eafy for the Pope, than to quiet wards Orvieto, and prefs him in his matter's name to



(1) It is a Maxim in Law, that if the Pope be furpriled in any thing, and Bulls be procured upon falfe Suggefiions and untrue lurmile:, they may
be annulled afterwards. Burner. Turn. I. p. 4.0.

(z) Kix%ht had Orders to advii'e with the Cardinal, by the way. Herbert, p. 99.

(3) By corrupting fome of his Guards. Burnet. Tom. I. p. 47.

(4) The Family of the Cerffili being three Brothers, were entertained by the King as his Agents in Italy, both at Rome, Venue, and other Places.
Burner. Tom. I. p. a.'.

(5) The Letter ii dated tho 5th of December, and not the 2;th as Rafin fays by nvfbke ; the Original is jret extant in the Cotf.ti. LiDr. I'ire!. B. 9.
See Burners Collection, N. 3d. B. 11. Vol. I.

(6) Ab»ut the end of Dtambtr. Burnet Tom. I. p, 47.

No. -,<;. Vn l. * 9 L give



77 8



Tie HISTORY of ENGLAND.



Vol. I.



1,-27.



Burne',p.4.8



The Pope's

Ai'fice t>
gam rime.
Bum...



1528.
7 be Pope re-
Cot'vet to keep
fafwitb tte
Enptror*



Guicciard



He rejufei to
ioin in tbs
Ltague*



Lautrec

marches to-

•wards

Naples.

Guicciard.

Hall.



Reapnt tlby
the Pope
would not
a't aganji
the Emperor*



give the King of England fatisfa£tion. Lautrcc «£>eing
then at Bologna, to get him to march to Orvieto, there
would have been occafion for orders from the Court of
France, which would have taken up much time. Where-
fore Henry's Agents rejected the expedient , their aim
being to finifh the affair before the Emperor had notice
thereof. At laft the Pope, finding himfelf extremely
prefled, delivered to them the Commiffion for Cardinal
IVclfey, with the Bull of Difpenfation for the King(i),
and promifed to fend into England the Bull Decretal to
null the Marriage (2). But here the Pope ufed an ar-
tifice, which the Agents perhaps did not fufficiently con-
fider. He dated thefe two Inftruments from the time
he was Prifoner in the Caftle of St. Angela. So, when
the King had them in his power, he did not think
fit to make ufe of them, left it fhould be objected that
the Pope had granted them only with delign to obtain
his Liberty by the affiftance he expected from England.
Beftdes, all A6ls executed by a Prifoner may be deemed
void, whereof the Treaty of Madrid was a late inftance.
Thus, how urgent foever the King was to end the affair,
he found at the clofe of the year 1527, that he had yet
made no progrefs.

Clement VII had time, during his Captivity, ferioufly
to refleft upon his part Conduct, which had been very
unfuccefsful, becaufe he had fwerved from the maxims
of his moft able Predeceflbrs. He had prepofteroufly en-
gaged in a War with the Emperor, whereas Alexander VI,
'Julius II, and Leo X, after fowing diflention among the
Princes, left them for the moft part to decide their
quarrels, and then fided with the ftrongeft, or if they
engaged in a War, it was commonly at other people's
ex pence. But for once, Clement VII, after draining his
Treafure in maintaining an army , had loft Florence,



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