M. (Paul) Rapin de Thoyras.

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form of their Government. But lome days after, the
Adherents of the Medicis railing a tumult in the City, and
finding themfelves fupported by a great number of Spanijh
Officers, who had entered on divers pretences, Clement
VII was again put in poffeflion of the Government.
Then the Emperor , without regarding the Article of
the Capitulation, eftablifhed Alexander de Medici his
Son-in-law at Florence, on the fame foot that his An-
ceftors had formerly been, and made the Sovereignty he-
reditary in his Family.

The 1 ft of 'June this year, Francis received his two
Sons, who were Hoftages in Spain, upon paying the Em-
peror twelve hundred thoufand Crowns in hand, and gi-
ving fecurity for the reft of the fum. After that, he mar-
ried" Leonora, purfuant to the Treaty of Cambray. ■ Had
he been obliged to find ready-money to pay Henry what
the Emperor owed him, according to the tenor of the
Treatv, very probably he would not fo foon have reco-
vered his Sons. But Henry proved a generous Friend,
who, to enable him to redeem them, freely gave him
the Emperor's Bonds, to reftore them to him, as well as
the pawned Jewel above-mentioned (2). Moreover, he
renounced all demands of his charges in aiTifting him,
which, according to Francis's confeflion, extant in the
Colleclion of the Publick Ails, amounted to the Sum of
five hundred twelve thoufand two hundred twenty-two
Crowns of Gold Sol, two and twenty pence, fix Far-
things, both in ready-money and acquittances upon the
two Millions Francis owed him. He clogged this great
GeneroJitv but with one fingle condition, That in cafe
Francis violated the Peace and Alliance they had made
together, he mould ftill be accountable for all thefe
Sums, to which Francis bound himfelf by Letters-Pa-
tents.

By the execution of the Treaty of Cambray, tiic King
of France favv himfelf at length in profound tranquillity',
though the late War had coft him immenfe Sums, the
lofs of Genoa and Milan, the fovereignty of Flanders and
Artois, a year's Captivity, numberlefs Vexations, and per-
haps fonaething of his Honour and Reputation. But it was
not fo with Henry. After a vaft charge to fupport the
interefts of his Aliy, he was ftill embaraffed with the



tr-



affair of the Divorce, 3nd in danger of a lpccdv quarrel
with the Emperor. However, at he was naturally Ready
m his Projects, all thefe obftacles were not able' to dif
courage him, and he rcfolved to fee the end of the affi
let what would be the confequence. Thomas Cranfherh
ing then very much in his eftecm, he ordered him to
write upon the Divorce ; and the Doctor did it with uni
verfal approbation. After that, he was commanded to ..t
company the AmbalTadors lent by the King to the Pi
anil Emperor, to try for the laft time to find fome expc
dient to end this affair, which I" greatly enibaralled Ililtl,
'I hefe AmbalTadors found the Pop and I mpi drat />V
logna, and had audienci ol both. The Pope ihowed an
inclination to content tin: King, but durft not acl with

the Emperor' confent, wl proteiled, he would

never forfake the Queen his Aunt. Cannier maintained
his matter's Caufe with gn 11 warmth, which hindered not
the Pope from making him his Penitentiary in /•
to pleafe the Kin; 1 , whom he fixove to oblige in things 01
little confequence, whilft he did orbing fur him ill the
principal affair,

Mean while, Henry, purfuant to Cratimer'i advice,
had Cent able and learned Men (3) into /',,. ,, / . ,
iiermany, Switzerland, to confult the Univerfities con- . •,
cerning the Divorce. We find in the Collection of th
Pttbtick Acts, the Opinions of the Univerfities of Angei ,
Paris, Bourges, Orleans, Tbouloufe, Bologna, Ferrara, Pa- XIV
dua, all uniform, declaring, that 'Julius lid's difpenlation &'•
for Henry's Marriage with Catherine being contrary '•> the
divine Law, could not be deemed valid. It might be ob-
jected, that the determinations of the French Univerfities
were fufpicious, by reafon of the fliicr union at that time
between Francis and Henry. But the fame thing cannot
be faid of thofe of Padua and Ferrara, and ftill lefs of
that of Bologna, a City belonging to the Pope. Dr. Bur- VoM.p.8j,
net having largely handled this Subject, thofe who have a m.'p. 54l
mind to examine the matter more fully, may confult hi
Hiftory of the Reformation. It will fufKce to obferve
here, that the queftion was, Whether Henry 's Marriage
with his Brother's Widow was contrary to the Law of
God, and upon that fuppofition, whether the Pope had
power to grant a Dilpenlation. The above-named Uni-
verfities maintained, That fuch a Marriage was contrary
to the Law of God, with which the Pope had not power
to difpenle. Oxford and Cambridge being likewife con- Oxford and
fulted, decreed the fame thing, though not without great Cambridge
oppofition from fome of the Members (4). It feems l^tln?
at firft fomething ftrange, that the tv/o Englijh Uni- "smifU.
verfities fhoultl be more icrupulous in the matter than the Burnet,
foreign. But the furprize ceafes, when it is confidered ^ ,
that thefe fcruples arofe, not from the queftion it felf, of it.
but from the confequence, their determination might oc- B| "net.
cafion. Moft of the Members of the Univerfities were
furiouflv averfe to Luther's Doctrine, which began to
fpread in England, and were afraid of countenancing it,
by deciding againft the Pope. Befides, they faw that the
King's Marriage with Ann Bulleyn would follow upon his
divorce with Catherine, and this fecond Marriage they
would have gladly prevented, becaufe Ann Bulleyn much
inclined to the Reformation (5), and exprefled a very
particular efteem for Cranmcr, whofe preferment, for the
fame reafon, they dreaded.

The Ambaffadors who had been fent into Italy (6), H-nry's
returning without effecting any thing, Henry, who till/a'/' Sufi
then had fhown great regard for the Pope, refolved to '"
alter his behaviour towards him. He might have known /)
by experience, that Clement was to be gained only by R
his intereft. It is certain, if at firft he had proceeded
with more vigor, and powerful!, fupported the War in
Italy, the Pope would never have thought of joining with
the Emperor. A good Englijh Fleet in the Mediterra-
nean would have made Franc'u mafter of Napl , and
faved the City of Genoa. The Pope would thereby i
been fo kept in awe, that he would have been glad
halve always the King of /. ana for his Friend. In-
ftead of acting in this manner, Henry remained
during the whole Cainpain of ic"S fuflerin to

be amufed by the deceitful hopes given him in .



(1) Since the time of Frederick 144.2, tin Emperor hnd been publickly crowned. Herbert, p. 136.

(z) This Jewel in the Form ol a Fltnver-de-luce, is laid to have a piece of the Wood of the true Croft in it. Herbert, p. 134-

(3} To Orleam and Tbculc-ufe were fent Sir Francis Brian, Ediiard Fix, afterwards Bilhop of Hereford, and Mr. 0t&iaM Paget, To Par
Pool of the Blood Royal. In Italy, the King's Agents were Dr. Richard Crooke at Padua, Hierommo de Gb-.r.ucc. Bilhop of tPorcefter, and Sir C>
Caffali at Rente j Dr. StUefy at Venice; Dr. Cranmcr, Andrew and Jchn Caffali were likewise employed in Italy. Burnet. T. I.

14) At Cambridge it was carried at lalt with much ado in a Convocation, thst the Matter fhould be left to a Committee of twenty nine, 1
Vice-chancellor, (Dr. Edmonds Head of Petcr-Houfe ) ten Duf-fors, fixteen Batchellors of Divinity, and the two Proctors; the Majority of v
vofcd the King's Marriage unlawful , but decided not whether the Pope had Power to difpenfe with fuch a Marriage. The Ki::c's Agents at Can ■ fl f,
were Gardiner and Fox. At Oxford the Regent Matters frrenuoufly oppofd the King, and the Doctors and Heads were for him. So that tbe Mj'-
ter remained in agitation from the 12th of February to the Sth of April' At laft it was carried in a Convocation (from which by an Order fro.TJ
the Chancellor, fays Wood, all the Matters of Arts were excluded, but according to Burnet, confuting of all the Doctors and M. : \- ' ":. T

Ih'Mi'd be dec : drd by thirty three D. Ours and Batchellors of Divinity, who declared the Marriage of the Brother's Wife to b- b ;h contrary to the '.
of Grd and Nature, and put the common Seal cf the Univeility to their Decree, on April S- Lowland Bilhop of Liecslo was the King's Agent at Ox-
f,J. Burnet. Tom. 1. p. 3;, S6. Sec Fiddes Coll. p. 180, &c.

(<) Having received lome lmpremons of it in the Dnchefs cf W^r/Vs Court. Burner. Tom. I. p. 87.

16) The Head of this Embaliy was Ibomai Bulleyn Earl of Wittfoire and Ormond ( 21 Hei. VIII- 1 who ret'ufed at his Audience of the Pp' at B:-
logna, to kils his Toe, though lie gracioully ft retched it out to him. He was atjo.mpanisd hy "J bn e . -■. i:ct Bi (hot »f Linden, and Edward L :•
Burnet. Vol. I. p. S7, 94..

6 Pc?s.



7 88
if 30.



neHlSTORT of ENGLAND. Vol. I.



lie n at a
great Loft.



Pope, bo, the French were driven out of the Kingdom
of Naples, and the Pope was at liberty to treat with the
Emperor concerning the recovery of Florence, which he
would never have thought of, had the French been fuperior
in Italy. Henry perceived his error when it was too
late to repair it, that is, after the Pope was united with
the Emperor, and Francis bound by the Treaty of
Cambray. He was left alone to fupport himfelf againft
the Emperor and Pope, and it was very happy for him
that the Turks and the Protectants of Germany fo emba-



Abftra£t of the reafons for the divorce, that thefe reafons 1530.
being known to all the World, he might meet with lefs
oppofition in the Parliament. This Abftract (2) contain-
ed two principal Points. The firft was, That the KingV
Marriage with Catherine was contrary to the Law of God.
The fecond, That Julius II had not power to grant a
Difpenfation for that Marriage, and confequently the Dif«
penfation could not render it lawful. As this affair was
the Spring of the great events which will hereafter occui.
it will not be perhaps unacceptable to the Reader to fee



railed the Emperor, as to hinder him from thinking of here the Subftance of the arguments alledged on both Sides.
England. So, all means failing to accomplifh his defign,



Difpofitu



trary to the
Intereft of
their Ktngl



but what could be found in his own Kingdom, he began,
though a little too late, to make ufe of the inclinations of
his Subjects, who for the moft part were not very fond of
the Pope.

We have feen in feveral places of this Hiftory, how at
of the Eng- a j[ t j mes tne Englijh complained of the tyranny of the
p* <■?> 'an- Popes, and the remedies applied by the Parliaments to
this Grievance. It is true, the private intereft of the
Kings rendered thefe remedies in fome meafure ineffectual,
becaufe, as they frequently wanted the Popes for their
temporal concerns, the Laws were not put in due execu-
tion. But that altered not the inclinations of the Englijh.
The Principles of the Lollards were {till deeply imprint-
ed in the minds of great numbers. Befides, Luther's
Books, wherof many were brought into England, had
opened the eyes of multitudes ; fo that it may be affirmed,
at the time I am fpeaking of, the Englijh in general had
quite another notion of Religion than their Ancettors,
efpecially with refpect to the Papal authority. The
three laft Popes, Alexander VI, Julius II, and Leo X,
had fhown fo little Piety and Religion in their conduct,
and Clement VII fo clofely followed their fteps, that it
was naturally inferred, it was impoffible, Jefus Chrijl
fhould have given the Government of his Church to
fuch Vicars. Thus the Englijh were very ready to fhake
off the Pope's yoke, if the King, for the fake of his own
private interelt, had not fupported the exorbitant Power fo
Tti KTiVj'j j on g complained of. But Clement VII had no fooner
tftertftH- 'joined with the Emperor, than the King's intereft became
toma tbe the fame with the People's. To this chiefly are to be
fim. afcribed all the changes mentioned hereafter.

/ Men of Henry having refolved to make the Pope fenfible of the
Great Mm danger of lofing England, if he continued any longer to
" ' bt p ^"- favour the Emperor, caufed a Letter, worded in ftrong
Xiv.p^os. Terms, to be fent him by the great Men of the King-
Herbert, dom, according to the example of their Ancestors in
the Reign of Henry III (1). They plainly told him,
** That the King's Caufe being their own, if he con-
" tinued to deny them what was abfolutely neceffary
" for their quiet, they were refolved to apply the Re-
" medy themfelves, which was vainly expected from
" him. " This was fufEcient to fatisfy him, that the
patience of the Englijh was almoft worn out, and they
would not fuffcr themfelves to be curbed, or even amufed
any longer by the Court of Rome. Indeed, the Letter
had not the defired effect, but however it fhowed the
Pope the difpofition of the Englijh, and how neceffary it
was to ufe them gently. Wherefore he returned the
great Men a very moderate anfwer, vindicating his con-
duct with refpeft to the King, in the beft manner pof-
fible. Mean while, he fent for Sir Gregory CaJJali, the
King's Ambaffador in ordinary, and hinted to him, that
the affair might be adjuited by means of a Difpenfation,
for the King to have two Wives. This we learn from
the Ambaftadur's letter of the 1 8th of September, where,
after acquainting the King with what the Pope faid, he
added, that the Emperor's Minifters were alfo defirous that



p. 14.1.

Burnet.



Tbe Pope'i
sinjwer,
Herbert.
p. i + v
Expedient
frorfed by
the Pope.

Ibid,
p. 141.



the Affair fhould be ended by this Expedient. But Henry
was fo aware of all the Pope's artifices, that he took no
notice of this Overture. His relolution was, either to
have a Bull to null the Marriage, or to procure himfelf,
at any rate, the Satisfaction he required. And therefore,
fearing that the Pope would unexpectedly fend into Eng-

ceiving any



Henry re-

);dl it.



Predamati-



Bulls, &t.
Sept. 19
Hill.
Slow.



land a Bull of Excommunication or Interdict, he iifued

out a Proclamation, forbidding under fevere penalties, to

receive any Bull from Rime, contrary to the Prerogatives

of the Crown. His defign was to bring the affair before the

Parliament and Clergy, and after gaining thefe two Bodies

to his Intereft, to caufe it to be determined in England,

without regarding the Pope's Proceedings againft him.
Henry pub- The difficulty was, , to prepoffefs the People in his favour.
li/hei his -j- t j 1 j s enc j ne oj-dered to be printed and publifhed an

Reafons for * L r

tbe Divorce.

Burnet. [, L -, r cf Herbert lays, it was done by the Parliament ; but that's a miftake, the Letter being dated the 13th of July, it appears by the Records there

T- '• P- 9" • c Mild bt no Scfflon at that time, the Hollies being prorogued from the zifr cf Jur.e, to the lft cf 08 her. The Letter it foems was font ah ut tn
the chief Members for thc : r Hands, and Camendijb tells us with what chearflilnei Caidinal ll'cfey fjgncd it. It was lubfcribed by the t*o Aichbi-
Ih p.. f.ur Bifhops, two Dukes, two Maruuilfcs, thirteen Earls, two Vilcounts, twenty three Baiuns, twenty two Abb...s, eleven Ccmmoners, mt.lt of
them the King's Servants. Herbert, p- 142.

(3 Learned Men were appointed to compare all that had been written on the Sub;ecl, and outcf all the Trar.l'crpts cf the Manufcripts, <f Fa-
'h-rs and Councils, to collect whatfocver did ttrengthen it. Three of thefe Manufcripts 'are in the Cotton Library. Ail thefe and many more were Itun-
med up in a Ihort Book, and printed lirft in I.aun, then in Engltjb, with the Dctcrminjiitns of «he Univcriiucs bcfoit it. See Burnet, Vol. 1. p. 97.



It was faid for the King, I. That the Levitical Lav;
forbidding a Man to marry his Brother's Wife, was not a
pofitive precept, which bound only thole to whom it wa
given, 'out obliged all Mankind without exception. That
this evidently appeared, in its being found among man)
others, which forbid the crimes wherewith the Canaanitti
were polluted. Now the Canaanites could not be polluted
with Crimes forbidden only by a pofitive Law given to
another Nation.

II. Another Argument was taken from what John the
Baptijl fdid to Herod in the New Tejl-amcnt, It is not law*

ful for thee to take thy Brother's Wife, becaufe St. Joint
could allude only to the Laws of Alofes, and confequently
owned them to be divine.

III. It was fhown from feveral PafEiges of Tertuliian,
and Writings of the Popes, that the Cnurch always deem-
ed the Levitical Laws as parts of the univerfal Law of Na-
ture and all Mankind. To this was added the Authority
of diveis Provincial Synods, of the Conjlantinopolitan Ge-
neral Council, of the Council of Conjlar.ce in the condem-
nation of H "ickliff, of many Greek and Latin Eathers, and
of feveral Schoolmen.

IV. It was proved by the Authority of the Popes and
Councils, that a Marriage is compleatcd by the mutual
Contract of the Parties, though it be never confummared.
Eor that reafon it was faid, Adonijah could not marry Ai/i'

Jhag, who had been his Father David's Wife, tho' David
never knew her. That upon the fame account, Jofeph
could not put away Mary, without a Bill of Divorce ;
a clear evidence that their Marriage was compleat,
though not confummated. Hence it was inferred, that
though Prince Arthur had not confummated his A'lar-
riage, it was not the lefs valid. But it was maintained,
that it was as certain as a thing of that nature could
be, that the Marriage was confummated. It was proved
firft by violent Prefumptions. Secondly, becaufe after
Arthur's death, the Princefs his Widow was fuppofeJ to
be with Child, and fhe never faid any thing to the con-
trary. It is true, it might be objected that Catherine had
fince fworn, fhe was never known by that Prince. But
it was replied, the Canon Law forbids the taking of
Oaths, when there are ftroPig Prefumptions to the con-
trary. Befides, the Queen's Oath could not be recko-
ned decifive, fince it was deitroyed by the Brief pro-
duced by her own Advocates.

V. Julius's dilpenfatiun being the fole foundation en
which the validity of the King's Marriage was eltabldhed,
it was fhown by a croud of Witneffes, both antient and
modern, That the Pope has not power to difpenje with the
Laws of God. Nay, it wa3 affirmed, That if he difpenfed
with the Decrees of the Church, it was Ufurpation, and
that feveral Bifhops in England itfelf, had jefiited the
Popes when they would have affumed fuch a liberty.

On the other fide, the Queen's Advocates replied to
thefe reafons :

I. That the Prohibitions in Leviticus were not parts of Ammenti
the moral Law, fince God himfelf had difpenfed with/" ''"
them, in comir.smding the Brother to marry his Bro-
ther's Widow. But of what nature foever the Law was,
if it were difpenfed with by Mafes to the Jews, why
might it not be as well done by the Pope to the Chris-
tians ?

II. It was faid, the Law in Leviticus againft marrying
the Brother's Wife, muft be underllood of not taking her
while the Brother was alive ; for alter he was dead, bv
another Law, a Man was commanded by God himfelf
to marry his Brother's Wife.

III. The Crime St. Jchn Baptijl reproached Herod
with, might be Adultery as well as Inceft, fince according
to Jofephus and Eufebius, Herod's Brother Philip was
alive when St. John fpoke.



IV. Tie



Book XV.



20. HENRY VIII.



7? 9



Burnet,

Vol. 1, p.93
(Sic.



Cardinal
Wolky'j
uncertain
State.



1530. IV. The Popes daily difpenfed, contrary to the Laws
of God, with Vows and Oaths, without being cenfured.
Befides, it was maintained, the Pope was the only Jud"e,
whether the Prohibition was moral or not.

V. It was alledged, the Pope had granted the difpenfa-
tion upon a very weighty conlideration, to keep peace be-
tween the two Crowns of Spain and England.

VI. It was urged, that the Marriage had fubfifted near
twenty years, and never been thought invalid.

VII. Laftly, It was affirmed, if there were any Nul-
lities in the Bull of difpenfation, the Pope was the only
competent judge of it.

The King's Advocates replied to thefe Arguments, and
were anfvvered again by the Writers on the Queen's
iide, both praclifing what is very common on fuch oc-
calions, that is, they evaded the force of the Reafons of the
oppofite Party, by keeping to Generals. I fhall fay no
more of it. Thole that are curious to fee the Argu-
ments on both fides, may be fatisfied, by reading the
Hiftory of the Reformation of England, where they are
fully fet forth. It will fuffice to remark, that in thefe
forts of Difputes was fpent the whole year 1530, Hairy
being very glad the People mould be thoroughly in-
formed of the affair, before it was brought to the Parlia-
ment.

Whilfl thefe things palTed, Cardinal JVolfcy remained at
his Country-houfe, living betwixt hope and tear, without
being able to form any probable conjecture of the King's
behaviour towards him. Though all his Goods were
feized, and that feemed to denote he intended to (hew him
no favour, yet he faw from time to time fome rays of
Goodnefs thine upon him ( [ ), which made him hope
that his Mafter, who had loved him fo well, would not
be for ever inexorable. And indeed, the twelfth of Fe-
bruary, the King granted him a General Pardon of all his
offences, of what nature foever. Among all the Pardons
in the Collection of the Publick Ails, there are none fo full
and particular as this. Then, the King came to an agree-
ment with the Cardinal, by which he left him theArch-
bifhoprick of York, with all its Revenues and Depen-
dencies, [except Fori Place.] As to the See of JVinchejler
and Abbey of St. Albans, the King referved to himfe'f
the Revenues, though he left him the Titles. But the
Cardinal was bound to refign thefe two Benefices when
required. In confideration whereof the King afligned
him a thoufand Marks Sterling a year out of the Bifhop-
rick of Winchejler, with a promife to grant him the like
Penfion upon fome other Benefice, in cafe this was taken
p. 375. from him. Moreover, he gave him to the value of fix
thousand three hundred and feventy four Pounds, three
Shillings and Seven-pence Half-penny, in [Money and]
Goods, part of thofe belonging to the Cardinal which had
been confifcated (2). All the reft remained to the King,
with the Cardinal's confent, who owned it as a particu-
lar favour that the King was pleafed to leave him any
thing. This was all he preferved of the immenfe riches
acquired during his credit. But what afflicled him moll
fenfibly, was, that his two Colleges, founded with fo much
pains, and called by his own name, to be an everlafting



1530.



The- King
gram him a
very full
Pardon.
AA. Pub.
XlV.p.366,
37'-
'lbty come to

<"• -k 1 "-

ment.
Ibid,
p. 365.



Wolfey triu
in •vain to
Ca-ve bis
Colleges.
Burnet.
Herbert*
Stryoe'r
Mem.
p. 118.



512.



Monument of his Glory, were likewife confifcated. He
writ to the King upon that fubjtdt, in a manner that
perfectly (hewed his extreme concern for that lofs. He
even entreated Cromwell, to ule his utruoft endeavours to
hinder his two Colleges from being involved in his ru...
But it was all in vain. The King took pcfleffion of all
the Lands belonging to them (3), and depriving them of
the name of their Founder, endowed them anew, in his
own.

Notwithftanding ail this, Wolfey had frill hopes, by rea- HiiasJIiB
fon of fome marks of Friendfhip, given him by the Kins
upon certain occafions. He had permitted him to rem,,.
to Richmond, where he was nearer his Pcrfon. More- p.
over, hearing he was lick, he Cent a Lord to vifit him
in his name, and even caufed Ann Bullen to write to
him (4). But at the fame time that the companion cx-
prcfled for him by the King chenfhed his hopes, it made
his enemies apprehenlive of his return to Court, and there-
fore they never ceafed to exafperate the King againft him.
In fhort, as they could not fee him fo near the Court
without fearing the revival of the King's affection for a
Minilter, he had fo paffionately loved, they caufed an or-
der to be fent him (5) to withdraw to his Diocefe of
Tori. Very probably, Ann Bullen contributed molt to He it fan
his difgiacc, fince none but a Miftrefs could poffibly make ' : :°y "
the King forget fuch a Favorite. However this be, the ) \ '.'.
Cardinal being forced to fubmit, began his journey (6) to Herb rt,
the North with a Train, though not fo large as ufual Stow -
during his profperity, yet confiding ftill of a hundred and
fixty Horfe(7). He arrived about the end of September



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