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outwardly to grant the King whatever he required. On •?''"" Wo1 *

- . !?v & new

the 13th of April 152X, he hgned a Bull, appointing Car- Commiffion.
dinal lf''olfey Judge of the Caufe, jointly with the Arch- Aft. fub.
bifliop ot Canterbury, or any other EngliJJi Prelate he o IV k' p r :37 '
Ihould think fit to chufe, and gave him as ample Powers Burnet.
as the King defired. But befides the above-mentioned In-
conveniences in the Decretal and Difpenfation, the King's
Council found two in Cardinal JVolfey's new Commiffion.
The firft was, That there was no Claufe to hinder the
Pope, from revoking it. The fecond, That to appoint for
fole Judge of the Caufe, a Cardinal devoted to the King,
and actually his Prime Minifter, would be a maniieft nul-
lity. Thefe confederations obliged the King to defiie the TbtKmgde-
Pope that he would join another Legate with Cardinal J"" < he . .
Wolfey, and pofitivcly promife not to revoke the Commif- a °*fc ££
fion. As, when this was demanded, Lautrec was now gate wth
before Naples, and it was not doubted, he would become Wolfey.
mailer of the City, as well as of all the reft of the King-
dom, the Pope granted whatever was defired (4). He ap- Anotbc
pointed therefore by a Bull dated at Orvieto the 6th of Commiffio*
'June, Thomas Wolfey Cardinal of York, and Lorenzo Cam-^j „° ry
pegio Cardinal Bifhop of Salisbury for his Legates a latere, gi .
giving them the fame Powers he had granted to IFolfey a- Aft. Pub -
lone, appointing them his Vicegerents in the affair of the 6 _ pI95 '
Divorce, and committing to them his whole Authority (5). Burnet.
He gave like wife, the 13 th of July, the promife under r *' Decretal
his hand defired by the King. In a word, he delivered tOQ™™'^'
Campegio a Decretal, nulling the King's Marriage, ex-
preffed in the very Terms which had as it were been
dictated to him. It feemed Henry could defire nothing
more. But all the artifices of the Court of Rome were
not yet known in England. The Pope only intended to
gain time, in order to fee the Iffue of the Naples Expe-
dition. To that end, he always placed fome interval be-
tween his Favours to the King. JVolfey was made fole
Judge in the affair of the Divorce, the 13 th of April ;
Campegio was, in a Confiftory, declared his AiTociate, a-
bout the end of the fame month ; but the Bull was net
drawn till the 6th of June. His promife not to revoke
the Commiffion was not figned before the 23d of July.
In all appearance, the Decretal was not drawn till Au-
gujl, nor did Campegio begin his Journey till after Lau-
trec's death, or perhaps after the raifing the Siege of Na-
ples ; that is, when the Pope was no lenger in dread of
France, and it was more necefTary than ever to manage
the Emperor. So, it may almoft be affirmed, that when
Campegio departed from Rome, the Pope was refolved not
to grant the Divorce. It was however requifite, he fhould
ftill feem willing to fatisfy Henry, in order not to be de-
livered to the Emperor's Mercy, with whom he was de-
termined to agree, and nothing was more capable to pro-
cure him advantagious Terms, than his feeming Union
with France and England. This was moft certainly the
Secret of the Pope's Policy, and the real motive of all his
artifices in this affair. In purfuance therefore of the refo- 1'flruSiotu
lution he had taken, he gave the following Inftruftions to ^ f" npe "
his Legate. Firft, to prolong the affair as much as poffi-
ble. Secondly, not to give Sentence upon the Divorce
before the reception of his Commands in writing. Third-
ly, he exprefsly enjoined him not to fhow the Bull to
any perfon but the King and Cardinal IVoljey, nor to part
with it out of his hands, without his order, upon any pre-
tence whatever.

Campegi departing with thefe Inftrurftions, arrived not Hi retard,
in England till Otlobcr, fix or kven months after he *" J"'-*'*
was appointed Legate. Whilft he was on the road, the amUc.
Emperor's Minifters at Rome raifed a frefh obftacle to the nt Imperi-
Divorce, by the pretended difcovery of a Brief of Ju- a !f'/?~ ,
Hits II (6), confirming the Bull of difpenfation for Hen- Br , c j ,f re .
ry's marriage with Catherine. But there was this dif- tard tb, in-
ference between the Bull and the Brief, that the Pope in-^ _
the Bull faid, The Marriage was perhaps confummated ; cd. T. I.
whereas in the Brief, the word perhaps was omitted, p. 39.
They inferred from thence, that Julius II was net fur- Herbert.
prized, fince he looked upon Catherine's firft Marriage as
confummated. But this Brief, of which they only gave
an authentick Copy, without fhowing the original to the
King's Minifters, was, probably, propofed folely to caufe

(1) They were fent February 10. Burnet. T. I. p. 52. . .

(i) Provoft of King's IVLege in Cambridge, and the King's Almoner. Gardiner was looked upon as the ableft Cinomft, ar.d Fox as the heft Div.ne
in England. Bjirnet, T. I. p 52.

,5) March 2;. Slrype's Mem. Vol. I. p. 90.

( + ) Dr. eft* returned to England in the beginning of May ; but Cardhtr went to Rome to Campegio. Strype 1 Mem. p. 103, TC4.

(;) Campegio was perrnp* named for Legate in the Month cf April, as Doctor Burnet fays, but his Commillbn bnrs date the 6th of June.

(6) It iw neither in the Records of England or Spat*, but faid to be found among the Papers of D. d, PutHj, who v.as the Span J) Ambaffador
in England a: [he ;me of the conclufujn ot the Match. Burnet. T. I. p. 57.


Book XV.




Proofs of

;/* being t



time to be loft in examining it. For, there were two
reafons, among many others, which manileftlv proved it
to be a Fongery. The firft was, That this Brief granted
at Catherine's reqneft, fuppofed that Princefs's marriage
with Arthur to have been confummated, and yet fhe had
fworn the contrary. And upon that her Agents had
grounded the validity of Julius's difpenfation. The fe-
cond teafon was flill more •ftrong, namely, That the
Brief was dated the 26th of December 1503. Now as in
the date of the Briefs, the Court of Rome begins the
year the 25 th of December, being Chriflmas-day, this
date anfwered to the 20th of December 1502, of the com-
mon year, that is, ten months before Julius II. was

Campegio being arrived in England, began his Lcgatc-

Vi feigns

to ivant

j, ,, Orel

aborts Hen- fhip w j tn gravely exhorting the King to live in good 1111-
Batherine derftanding with the Queen, and defift from a further
liuma. profecution of this matter. This was taken very ill
from a Legate who was thought to be fent into Eng-
and Cathc- land to judge the Caufe in favour of the King. Alter
'hlmi'J' 1 ' tnat ' ' le ta 'ked the quite contrary to the Queen, endea-
Air, :.,:;. vouring to perfuade her, that (he ought to comply with
Herbert, the King's defire ( \ ), and even intimated, it would be in
vain to oppofe it. But whether the Queen was told be-
forehand what fhe was to fay, or naturally (poke her
own thoughts, the anfwered, She was the King's Wife,
and would be fo, till parted from him by the Pope's
Sentence (2). Campcgio not being able to prevail with
the King or Queen, affirmed, he could not proceed
without iiefh orders, as if his whole Commiffion was only
to make thefe exhortations. But it was fix months be-
fore his Inftruclions arrived. Mean while, he kept the
King in hopes of obtaining his delires, and even infinua-
ted, that he was himfelf fatisfied of the Juftice of his
He flows tU Caufe. To amufe him the better, he fhowed him the
Bull he had brought with him, and gave the Cardinal
his Collegue a fight of it alio. But when he was prefix-
ed to fhow it to fome Lords of the Council, he replied,
he had very pofitive orders to let no perfon fee it but
the King and Ip'olfey. Henry furprized and angry at
fuch a proceeding, complained of it to the Pope, who,
inftead of blaming his Legate, anfwered, He had done
' very well to follow his orders : That the Decretal was
granted on condition it was fhown to none but the King
and Cardinal Wolfey, and on purpofe to prevent JVoljcy\
ruin, which otherwife, he was told, would be infallible:
That in fine, the Bull was not to be published, unlefs the
Legates gave Sentence for the King (3).

Whilft Campegio amufed Henry in England, the Pope
was taking meafurcs to conclude his Treaty with the
Emperor, and feeking pretences to leave the Kings of
France and England, whom he no longer feared, fince
the Naples Expedition had mifcarried. He complained
that thefe two Monaichs had difappointed him, in not
caufing Ravenna and Cervia to be reftored to him ac-
cording to their promife ; thereby infinuating, that it was
not to be thought ftrange, he made no hafte to fatisfy
Henry, fince that Prince had neglected to do him Juftice
by the Venetians (4). He would fain have had it be-
lieved, that the affair of the Divorce was retarded folely
on that account, and was very dclirous to have thefe two
places in his power, before he concluded with the Em-
peror. But, what caution foever he ufed, his Negotia-
tion in Spain could not be fo private, but Francis and
Henry had fome intelligence of it. 'They complained to
him by their Ambafiadois, but he conftantly denied he
97* Difficul- intended to depart from his neutrality. Mean while,
ties h the under colour of removing thefe gioundlcfs fufpicions, he
[ft 'n'f'l- "di (patched into England one Campana, to give the King
frefh affurances of his good intentions, but withal, fent
by him exprefs orders to Cardinal Campegio, to burn the
Bull Decretal, and defer the fentence of the Divorce as
long as poiTible. Campegio immediately obeyed the firft
of thefe orders, and as for the fecond, never ceafed finding
freih pretences to retard the proceedings.
Vjnncs and At laft, Henry tired to fee fo many affected delays,
Brjan./e« and perceiving they came from the Pope, fent, about
the end of the year, Sir Francis Brian and Peter Fan-
ties (5) to Rome, to difcover the true Caufe. They had
hkewife fevcral other Commifiions. Firft, to fearch the
Pope's Records for the pretended Brief of Julius II. Se-
condly, to propofe, as of themfelves, feveral expedients,
fpeedily to end the affair of the Divorce, and to confult,
under feigned names, the Canonifts of Rome, whether

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The Pope


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e L ree iu;ib

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] uint.
I erbert.

to Rune.

71,-rr In

Bmn, t.

they were practicable. Thirdly, in cafe they faw the 1 ; 28.
Pope over-awed by the Emperor's threats, they had or-
ders to offer him a Guard of two thoufand Men. Laflly,
if this had no effect, they were to balance the Emperor's
menaces with others from the King. They found the
Pope in a real <»r pretended Fright, at the Emperor's Mi-
nifters threats to have him depofed for a Baftard. His ■ •' p f'i
anfwer therefore to the offer of the two thoufand Men for ■
a Guard, was, that it would not be capable of fecuring
him, but rather render him more fufpected. He took care
not to put himfelf m the King's power, when he was
thinking to break entirely with him. The two Envoy* 7 E
feeing the Pope leaned to the Emperor's fid£, plainly ,
told him at laft, " That il he continued to deny the q '. x.I,
" King their Maftcr the fatisfaction he demanded, he
" might be iilliired England would be loft to linn ; Th it
" the Englijh were already but too much difpofed to
" withdraw their obedience from the Holy Sec, and upon
" the leaft encouragement from the King, would openly
" publifh what they yet kept concealed in their hearts:
" That the King their Maltcr, and the King of France,
" were powerful and very ftrictly united, and therefore
" the Pope would run a great hazard, if he fhould caufe-
" lefsly make thefe two Monarths his Enemies : that
" though the Naples expedition had mifcarried, he could
" not be fure it would be the fame with thofe that fhould
" be hereafter undertaken ; nay, it was eafy to fee, by
" the dangerous ftateof the Emperor's affairs, what 1
" happen another time: That if out of execflive con-
" defcenfion for the Emperor, he dealt fo unjuilly by the
" King of England, as to refufe him what even Equity
" and the Law of God required, he muft like-wife e
" no favour or regard, when affairs fhould be altered:
" That he ought to confider, the King of England had
" engaged in this war to free him from captivity, and
" if, inftead of making a gratelul return, he fhould join
" with his enemy, all Chriftians would abhor his ln-
" gratitude." All this was not capable to divert the Pope
from his deficrn, and yet he would fiill be thought unrc-
folved. He replied with a figh, That he was between Hi ft
the Hammer and the Anvil, and, which way foever he ''
turned, faw nothing before him but dangers ; and there-
fore he placed all his hopes in the protection of God,
who would not forfake his Church: That as to the reft,
he had done for the King of England more than could
be reafonably expected, in committing the trial of his
Caufe to two Legates, who were both devoted to him :
That not content with this, he ftill preffed him to do.
more, and todifregard the cuftomary Rules of the Church
on the like occafions, and publickly lacrifice to him, the
Emperor, the Archduke his Brother, Queen Catherine,
the Honour, Dignity and Intereft of the Holy See: That
this was asking too much, and the King Ihould at leaft
fuller the affair to be decided by the Legates, appointed
for that purpofe : That it was not his fault if matters
were delayed, and in cafe it was owing to Campegio's
negligence, he had adted contrary to his orders. 'Phis
anfwer was a plain indication of the Pope's thoughts.
Accordingly, the Envoys told the King, nothing was to n.: tfn jt
be expected from tire Pope, and that the only way was "■'
to caufe the Legates to give a fpeedy Sentence. The trut.:
is, the Pope was now refolved to agree with the Empe-
ror; and if he fhewed any farther regard for Henry, > L - l
it was onlv to avoid an open rupture with him, for fear
the Emperor fhould take advantage of it in the Treaty
they were concluding.

The Expedients Brian and Vannes were commiffioned
to propofe, were, 1 . Whether, if the Queen vowed Re- '

ligion, the King fhould have liberty to marry again ; ,
2. Or if the King Ihould vow Religion as well as the T. I- p. 6a,
Queen, whether the Pope would difpenfe with his Vow,
and allow him to take another Wife whiltt the Queen
was alive ? 3. Or whether the Pope would grant him a
Difpenfation to have two Wives? But it does not appear
how thefe points were decided. As for the Brief produced
by the Imperial Minifters, there was not the leaft trace
of any fuch thing among the Pope's Records, of which
the Englijh Envoys (6) had good Certificates. In this
manner palled the whole year 1528, at the cfofe whereof
the King found himfelf no more advanced than at the
beginning, except that he had ftill fome hope from Cam-
pegio, who all along pretended to be entirely in his inte-
reft. It may be affirmed, that Francis, in neglc£ting_to Tna Cc:f c ^
aflift Lautrcc, was the caufe of the Turn which the aitair £ ^ ' *» '


(r) Ht* perfuaded her to renounce the Wrrld, and to enter into fome Religious Life. Herbert, p. 103.

(2) Aeu 11:. (he Would not admit fuch partial luJ_es as they were to give Sentence in her caufe. Ibid.

(3) He wifhcd he had never fent it, faying, "he would gladly lofe a Finger to recover it again, and expreffed great Grief fcr granting it. Barret,
Tom. I. p. ^9.

(4) The ytmtiani had taken Ccrvia and Ravenna from the Pope, and Franee and England had promiftd to intercede and ufe their Intereft with the
Venetians to reftore them. Ibid.

(;) An Italian; and the King's Secretary for the Ljtin Tongue. Herbert, p. 103.

(6) Thefe Englijh Envrys were the Bifhop of rVoreefler and Dr. Let. They gave the Emperor an Overture of the Divcrce, and made feveral Objecti-
ons againlr the Genuincnefs of Julius it's Brief, which the Reader may fee in Iltrbtrty p. 104, 105.

No. XL. Vol. I.





Vol. I.


S52S. of the divorce took, fincc he thereby gave occafion to the
Pope to join with the Emperor (1).
Several Ma- Whillt the King was thinking of his divorce, Cardinal
f-ri'/T Ifofry was vel 7 di l'g ent ly employed in founding his
wflfc/r Colleges. As the Pope made the King very uneafy by
CM -. his affected delays, he endeavoured to gratify him other-
?'•'■' ''\ wife, '"granting his Favorite whatever he defired for
__l£ijg° his Foundations. Among the Puhlick Ails of the year
152S, there are ten or twelve Bulls, as well for the fup-
preffion of feveral fmall Monafteriesfz), as for other things
concerning the two Colleges, the endowment whereof the
Cardinal fo paflionately defired. Wherefore, knowing
how fair an opportunity prefented to obtain private favours
from the Pope, he forgot not to improve it. Had he (fayed
a year longer, he would have run great risk of leaving the
Work unfinifhed.
Affairs of \ have for fome time been filent concerning the af-
fairs of Scotland, becaufe there has been no occafion to
(peak of them. But as their fituation was changed during
the Courfe of this year, it is necefTary briefly to relate
what had paffed in that Country. The Earl of Ang us,
Gcoige Douglafs his Brother, and their Uncle Archibald,
had (till the King's perfon in their power, and governed
in his name. Queen Margaret however, who had caufed
her marriage with the Earl of Angus to be annulled,
and was married again to Henry Stcivart, had (Hil a
powerful Party in Scotland. But as her Party could not
a£t openly without being liable to be deemed Rebels, fince
the King was in the hands of the Douglaffes, the Queen
made ufe of another expedient to accomplifh her de-
figns. She perfuaded the King her Son, by fome Perfons
about him, to make his efcape and retire to Sterling.
James af- The contrivance fucceeded according to her Wifh. 'James
Ran, %'the to0 ^ his opportunity, and efcaping from the Earl of An-
c,-i: mnunt gus, withdrew to Sterling, where it was publifhed that the
tefin be was Douglaffes fhould be no longer acknowledged for Regents,
'f^k- anc ] w ithal were forbidden the Court. This Order was
notified to the Earl of Angus, whilft he was marching to
recover the King's Perfon. As he had but few Troops,
and was unable to enter Sterling by force, where feveral
great Men were come to the King's relief, he obeyed and

Shortly after, the King called a Parliament at Edinburgh
the third of September, and came himfelf to hold it.
The Douglaffes, perceiving what was preparing againft
them, attempted to furprize Edinburgh, and become ma-
ilers of the King's Perfon, with defign to diflblve the Par-
liament. But being repulfed, they were forced to retire.
Whereupon the Parliament confifcated their Eftates to the
King. But they continued in Arms, and made Incur-
fions, even to the Gates of Edinburgh.
Truafirfii-c Henry being informed of what paired in Scotland, and
Tears be- fearing the young King might fuffer himfelf to be pre-
j'nd "am" 1 ' judiced againft him, thought it advifeable to fend Ambaf-
ScotianJ. fadors to make Peace, fince a War with Scotland could not
Aft. Pub. be but very inconvenient in his prefent circumftances. But
_, 3 ', P '^ S6 ' it was not poftible to fucceed. A Truce only for five years
was concluded at Benvick, and figned the fourteenth of
Tie Dun- December. It was agreed by a feparate Article, that the
*«' England D°"gl a JP s might take refuge in England, on condition they
delivered to their Sovereign the places they held in Scot-
land ; and in cafe they entered the Kingdom, and com-
mitted any diforders, Henry fhould be reiponfible as if done
by his own Subjects (3).
1529. Since the Pope had determined to agree with the Em-

ibePopi peror, his feeding the Allies with hopes, was only to ob-

Tk/affifhd tain the Detter Terms from that Monarch. On the
. , / „,jv. other hand, Francis fufpecting the Pope's Intentions, per-
nr. ceived likewife that a Peace only would procure him his

Guicciard. Sons, and therefore continued a fecret Negotiation with
the Emperor. But at the fame time, he made great
promifes to the Venetians, Florentines, Duke of Milan,
and the Pope himfelf, to let the Emperor fee, in cafe he
did not make hafte and conclude, it would perhaps be too
late when he defired it. About the fame time, the Em-
peror had certain advice, that the Turks were making
great preparations to invade Hungary, and penetrate even
into Germany. So finding that a diverfion in Italy might
greatly embarrafs him at fuch a jundure, he was the
more inclined to Peace. Thefe difpofitions in the prin-
cipal Parties, could not in the end but produce the Peace
which was univerfally expected with impatience. Mean
while, the War was continued, though faintly, in the
Kingdom of Naples and the Duchy of Milan, where

the French and Venetians had kept fome places, but it was 1529,
eafy to fee that nothing decifive would happen.

In the mean time, the Pope was wholly intent upon
his own private affairs. His aim was not only to be re-
ftored to Florence, but alfo to become mafter of Perufc
and Ferrara, and recover Ravenna and Cervia, taken by
the Venetians during his Captivity. Under colour of
ufing his Intereft to procure a general Peace, he had fent
a Nuntio to Spain, to conclude a private Treaty with the
Emperor. During the Negotiation, the affair of the Di-
vorce was at a ftand. Clement VII was fully refolved to
fatisfy the Emperor, and by that Henry daily loft the
hopes of fucceeding in his purfuit. Mean while, a violent The p c p c
diltemper, which leized the Pope in the beginning of the'"' 1 ' '"■
year 1529, had like to have very much changed the face Wolfey tatu
of affairs (4). Cardinal JVolfey having notice of thefiufStepno
Pope's dangerous illnefs, had fent an Exprefs to Gardi- "J,"'" " '""
tier, to conjure him to neglerft nothing that he thought Burnet.'
capable of procuring him the Papacy. Henry himfelf had Herbert.
writ to feveral Cardinals in his behalf, and the King of
France, who was not yet fecure of a Peace, had given
him all thofe of his FarSion. It is pretended, IVolfey
would have been fure of more than a third of the Votes,
in cafe the Pope had died. Indeed that was not fufficient &" *'"'r
to make him Pope; but it was enough to hinder any l 'i",°' t ar*
other from being fo. This affair was even carried fo bins.
far, that the King had ordered his AmbafTadors at Rome, Burner,
that if, notwithftanding the Cardinals of Wolfey % Faction, H ' =r t ei p t ', **
a'nother Peifon lhould be deligned, they fhould fo manage,
that thefe Cardinals mould proteft againft the proceedings
in the Conclave, and then withdrawing to fome fecure
place, fhould themfelves come to a new Elecflion. I do
not know, whether it would have been eafy for the Am-
bafTadors to obtain fo abfolute a reiignation to the King'6
pleafure. However, it is not ftrange that Henry fhould
be fo very defirous of procuring the Papacy for his Mi-
nifter and Favorite. But it is furpriling, that a Prince
who was called Proteclor of the Church, and Defender
of the Faith, fhould not fcruple purpofely to endeavour
to form a Schifm in the Church, to gratify his paf-
fion. As for Cardinal IVolfey, nothing in his con-
duit ought to be thought ftrange ; fince it is certain, he
was ready to facrifice every thing to his ambition. The
Pope's recovery put an end to all thefe cabals, which
however could not be fo private but they came to his
knowledge. This made him confider IVolfey as a dange-
rous rival, and capable of fupplanting him if an opportunity
offered, by ufing for pretence the defect in his Birth.

When Clement VII was fully recovered, the proceed- 7J ' Pope's
ings for the Divorce continued upon the fame foot as be- t0 "p^lff'ike
fore. The Pope gave hopes, the affairs fhould be decided Affair of iU
in England for the King, by a fentence of the Legates D'™'"-
which he would himfelf confirm to make it more authen- BuVnet.*
tick. His aim was to gain time, and prevent the ap-
pearance of any mifunderftanding between him and the
Court of England, before he had concluded his Treaty
with the Emperor, becaufe it was a means to obtain better
Terms. To this end, and to hinder Henry from being
impatient, he had put into Gardiner's hands a Brief,
promifing not to revoke the powers given the Legates.
But, belides that the Brief was exprefled in ambiguous
terms, he knew Sentence would not be paffed without his

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