M. (Paul) Rapin de Thoyras.

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ceedings as well in the late Parliament as afterwards,
flowed not fo much from his real opinion, that the papal
Authority was ufurped, as from his feeing no other way
to be delivered from his prefent difficulties, than by de-
nying it to be in the Pope's power to do what Julius II
had done. It is however very likely, he was afterwards
fully convinced of the Truth of what he afferted at firft

whereof there was no precedent to be found in the Chan-
cery. However, he committed the examination of this
title to a Congregation, which made no hafte to give their
opinion, that the Excufator might not have power, before
he was acknowledged, to oppofe the refolutions already

At laft, in a Confiftory the eighth of July, it was re-
folved, that, without examining the King of England's rea-
fons for not appearing in Peribn, he fhould be intreated
to fend to Rome a Proxy to defend his Caufe. Mean
while, as the Vacation which was to laft till the firft of
Oeftober, was then juft begun, a delay till that time was

The Pafe 1


tacitly given the King. During this Interval, the Pope only out of neceffity. On the other hand, if the Pope

fent him a Brief to require him to fend a Proxy to palled fentence againft Henry, as we fhall fee piefentlv it

Rome. At the fame time he caufed the following Over- was not from a belief that his Marriage with Catherine

tures to be made him : That the affair of the Divorce wa s lawlul, but folely to fave the honor of the Holy See

fhould be examined in any indifferent place, by a Legate ar >d through fear of, or compiaifance for, the Emperor,

The King's

A fiver.
T.I. p. ,25

and two Auditors of the Rota ; which done, the Pope
himfeif would pafs Sentence. Secondly, That all the So-
vereign Princes of Chrijlcndom fhould agree to a Truce of
three or four Years, within which time the Pope promifed
to call a General Council. The King replied, by Sir
Thomas Elliot who was fent on purpofe, That he could
not agree to a Truce without the King of France's con-
currence. Secondly, That it was not a proper juncture
to call a Council. Laftly, As for the Affair of the Di-
vorce, being King of England, he was to take care of the
Prerogatives of the Crown, and the Laws of the Realm,
which allowed not that any Procefs fhould be tried in
a foreign Court. That befides the Canons of the
Church exprefly decreed, that all Matrimonial Caufes
fhould be judged in the Countries where the Parties re-

To thefe reafons, he added, a proteftation in form, de-
claring that he was not obliged to appear at Rome, either
in Perfon or by Proxy, and tacked to this proteftation the
determinations of fome Univerfities (4), he had confult-
412. ' ' ec l- However, he propofed three things to the Pope.
Burnet. Firft, he required that the Caufe fhould be decided by
""ml'h's the t,le Archbifhop of Canterbury, and two other Bifhops, or
Popctbm elfe, by the whole Clergy of the Kingdom. But it muft
Offm,<wbUbhz obferved, that the See of Canterbury had been vacant
ertrgcacJ. { mce Augujl, by War ham's Death ( 5 ), and if the Pope
had doled with this Propofal, the King would not have
failed to fill the See with a Prelate devoted to him. His

The King
againft the
Aft. Pub.

And here who can forbear admiring the fecret ways of
Providence, which rendered a reconciliation between the
Pope and the King ineradicable, in order to produce an
event which was to be attended with fo momentous con-
iequence* for England?

At length the vacation being over, Henry wa» cited the Hanya
fourth of Oilober to appear at Rome, eitiier in P rfo . H '"
by Proxy, and Karne folemnly protefted (7) againft the Ffatat.
Citation. What has been laid happened before the Empe- BurMt «
rot's arrival at Bologna. Clement VII, who was going,
immediately after the Citation, to confer with that Prince,
promifed Karne, that all proceedings fhould be fufpended
lo long as the Emperor was in Italy. This was all the
favor Karne could obtain (8).

Whilft Henry feemed wholly employed in the Affair f^ a ' rsh -
his Divorce, a quarrel arofe between England and Scot- ZTa^F
land. Buchanan pretends, Henry willing to take advan- Scotland,
tage of his Union with France, and imagining Francis I F " ,chlna «'
would fuffer him to opprefs King James, made inroads into Win"*'
Scotland (9) as if he intended to renew the War. He HoMingft,
adds, that the only pretence of this rupture, was, that the
Scots had fpoken fome injurious words againft the Englijh.
Be this as it will, the King of Scotland being prepared for
his defence, Henry thought not fit to puriue his defien.
He chofe rather to agree, that the difference fhoukf be
decided by the King of France's mediation, who for
that purpofe fent an Ambaffador to Newcajlk. The
King of Scotland was fo offended with Francis for fo


All the Ob-
pad, 1

Divirrc eome
fi m ri<


fecond offer was, that the Caufe fhould be judged by four cooly efpouling his Caufe, that he was going to join with
Arbitrators, one to be named by the King (6), another the Emperor. But at length all was happily adjufted, and
by the Queen, a third by the King of France, and that the two Kings of England and Scotland remained Friends
the Archbifhop of Canterbury fhould be the fourth. In as before.

the third place, he propofed that the Caufe being judged It was not for Henry's intereft to undertake a War
by the Archbifhop, or by Umpires, if the Queen fhould againft Scotland, when he was to prepare for his defence h'"^' ""'
think fit to appeal from the Sentence, the appeal fhould againft the Emperor. It was extremely probable, the£^%.
be brought before three Judges, whereof he would name P°P e had not ingaged to judge Quean Catherine's appeal the Security

without being firft affured, that the Emperor, the Queen's ^'"h"
Nephew, would execute the fentence. This indeed was GJ • caa^d •
his defign, but the troubles which came upon him, hin-
dered his in gaging in that enterprife. He reckoned that
the Italian League before-mentioned, would be a fure de-
fence ior the Duchy of Milan. But he foon perceived,
he was himfelf the dupe 1 die politick Pope. This League
was at length figncj at Bologna the Z4th 01 February 1 533,
according to his with. Every Sovereign that had Domi-
nions in Italy, the Venetians excepted, ingaged to find a
certain Sum monthly, for the maintenance of an Army
which Antonio de Leva was to command as General of the
League. The Emperor's intention was, that the Army Different
fhould confift of his own Troops, and be conftantly main- ^ ews °f ,l '
tained : But the defign of the Confederates was very dif- ,bTMiei.
ferent. They had confented to the League, only that
the Emperor, having nothing to fear for Italy, might Tie Mia
withdraw all his Troops. But they never meant that "£%£ *£
the Army, maintained at their expence, fhould ferve to'iat>/Faa.

one, the Pope another, and the King of France a third.
The Pope replied to thefe Propofals, that he faw the King
would not recede from his pretended Rights, and therefore
it fhould not be thought ftrange that he refolved to preferve
his own.

It is however certain, if the Pope durft have fatisfied
the King, he would gladly have done it, by reafon of
his fear to lofe England entirely. It was not the difficul-
ties in the affair of the Divorce that hindered him from
proceeding. Had they been much greater than they
weie, he would have readily overlooked them all. For,
fuppohng the unlimited Power aflumed by the Pope, it
was as eafy for Clement VII to null Henry's Marriage,
as it was for Julius II to grant a Difpenfation. But he
had to manage the honor of his See, and the intereft of
the Emperor, who thieatened him, and was able to execute
his Threats. Had not the Emperor been concerned in
the Affair, it would have been very eafy to find an ex-
pedient to content the King, without prejudice to the

(!) He writ, on January 25, to King Henry to exhort him a fecond time to take again his Wife.

(?.) Sir Gregory Caffeli, and Doctor William Bent. Herbert, p. i<;8.

(3) He was accompanied by Duftor Edmond Bonner. Burnet, T. I. p. 120.

(4) Thole of 0, learn and Paris. See Rjmer, Tom. XIV. p. 416,' fife.
(6 Eithei tru- Biihorj of Lord.", or Sir 'Thomas Afore. Herbert, p. 161.
(7) Cn November 14, Herbert, p. 159.

(S, King Henry having obtained from Cardinal Wolfey, a Grant of the Archbifhop of York's Palace at W.Jlminfler, then called York Pl.-.ee, now Whitehall ;
and eta Confirmation of the Cardinal's Giant from the Chapter of the Cathedral of Tort ; did alfo this Year purchafe the Hofpital of St. Jama, founded by
the e.tl/cns of London, before the time of any Man's Memory, for fourteen leprous Maid«ns ; and built in the room of it, the Palace now railed St. Jones's,

h he annexed the Park, and enebfed it with a Brick- Wall. Hall, hi. 203. Strut's Survey, B. Vf. p. 4.- Ab.-.ur June this Year, the Pt.p=

granted King Henry, by a Bull, a Commiflion to erect fixnewBilhopricks, to be endowed by Monatteries that were to be fuppreffed. Burnet, 1.1. p. 121.
J^iis defign wai at rirft formed by Cardinal li'.i'y, as appears from R,mer's Fad. Tom. XI V. p. 273, 291. »

i,a, He ordered Sir Arthur Dureey to make thole Inroads, pretending for ciuif thereaf the Reftitution of {iKMeug/aJ/es. Herbert, p. 166.

See Herbert, p. 156. Burnet, T.I. p. 118.

(5) He died Augujl 23. Slow, p. 560.



Book XV.



1553. keep them in fubjeftion, which would neceffarily be the ferences in feveral places', and 1 1 11 y in Gttmanj. -155

cafe, it the Army continued always on foot, under the
-ricEmpiror command of the Emperor's General. They reprelent-
ed to him therefore, that the League being only defenllve,
it was not proper to continue an Army without neceffity,
to ruin them in expences ; but upon the firft motion of
the French, they would not fail to perform their agree-
ments. What arguments foever the Emperor alledged, it
was not poffible to bring them to what he defired. He

bit lroopt
*'j: a/" Italy

The Pope not only agreed "pon a Council with tha Em-
peror, but even feigned to wiili it heartily. Mean whi ,
as a Council was contrary to his interefts, reafons, drawn
from the pood and advantage of Religion, were to be
found to rejeft it, or defer the convening. This was
done by the Commiflioners, appointed to examine the
Emperor's requcft. They drew a Memorial, fetting forth
the neceflity of a Council, but (howing withal the incon-

was forced therefore to be fatisfiad with their promifes, venienccs of admitting the Protectants to difpute upon

becaufe he was not in condition to maintain an Army in
Italy at his own charge. Then he disbanded part of his
He return Troops, and fent the reft to Naples and Spain. He de-
" s P a,n - parted from Bologna about the end of February, and came
to Genoa, where he ftaid fome time ; after which, on the
8th of April, he embarked for Spain, extremely difpleafed
with the Pope, who through all his difguifes could not
help fhowing his inclination to France. Indeed, he was

Matters already fettled, and the ufeleflhefi of the fame
Council if they were not admitted. This Memorial be- F
ing communicated to Prancis, he replied to it by ano- fair Rea


that the inconveniences mentioned /<""•


in the firft ought not to hinder the calling of a Coun-
cil. Moreover, he particularly chalked out the methods
which were to be ufed, to banifh all partiality. Hut this
Memorial was not acceptable to the Emperor, becaufe a
free Council was not what he defired, but a Council that
would afford him an opportunity and pretence to attack
the Proteftants of Germany ; after which, he did not de-
The State of Italy was not the only thing that em- fpair of bringing the Catholicks alfo under his yoke.
ployed the Emperor. He had, as was obferved, promifed Francis anfwered the Emperor's reafons againft his Me-
the Proteftants a free Council in Germany. But though morial, but it was to no purpofe. It was almoft ini- /.- r. ,
the word Eree was equally ufed by thofe who demanded poflible that two Princes, whofe Interefts were fo oppo- '■■
a Council, and by him that promifed it, they were far fite, and who were fo jealous of each other, fhould agree
from meaning the fame thing. The Proteftants underftood in any one point. Thus the Pope had his wi(h, fincc the

calling of the Council was deferred to a more proper Sea-
fon. I muft now fpeak of what palled in England in the
year 1533.

The Mar

„age of the nQW a g ree j w i t h tne Cardinals of Tournon and Gramrnont
Organs upon an Interview with Francis, and the Marriage of Ca
wtb Cathe- therine de Medici with the Duke of Orleans.

Hne of Me-

dici agreed


Affair' of




by that word, that a Council fhould be held in Germany,
where not only they might have free accefs and full li-
berty to produce their reafons, but alfo that the points in
difpute fhould be decided folely by the Word of God.
The Emperor meant, on the contrary, to retain only an
outward fhow of the Word, and by rendering his Party
ftiperior in the Council, to eaufe Matters to be fo decided,
that the Proteftants fhould be forced, either to revoke all
their Innovations, or reject the Council's decifions. In
the latter cafe, which was moft likely, the Emperor plain-
ly perceived, they would give him a pretence to attack
them, which was the thing he intended. But in the ex-
ecution of this defign a great obftacle occurred ; name-
ly, a Council, let it be what it would, was a terror to
the Pope. Though he knew the Emperor demanded a
it againji a Council not with intent to alter Religion, yet he was

Sldda'n. afraid of bein § facrinced t0 the Proteftants, if that Mo-
narch's intereft required it. Befides, the ftrift Alliance be-

Whilft the Pope and Emperor were conferring at s 'f™ 'f' ht
Bologna, Henry affembled the Parliament the 4th of Fe- ,/,•',",

The Pope

bruary. As hitherto the Pope had not relaxed in the leaft, Hcnx-n.
except that he had delayed the Excommunication, where- p " '■
with he had threatned the King, it was deemed proper
to proceed farther, and let him fee, he was not at all
feared. So, the Parliament pafied an Aft, exprefsly for- Stttuit a.
bidding all Appeals to Rome, on pain of incurring a Prec- *J£lJi, /«
munire. This was to convince the Pope, there was no R, jn >e.
occalion for him, fince at the very time that the point
in queftion between him and the King was, to know
whether the affair of the Divorce fhould be judged in
England, People were forbid to carry their caufes to
Rime. But there was another reafon which induced the
King to procure this Aft ; namely, having heard that
tween Francis and Henry made him uneafy. In fhort, he Francis was going to make an Alliance with the Pope,
could not refolve to call a Council, without being fure he imagined that for the future his Friend would aft but
of managing it as he pleafed. And this could fcarce be faintly in his favor ; and theretore he was now deter-
expefted, as Matters then ftood in Chrijlendom. Since his mined to have his caufe tried in the Kingdom, without
being on the papal Throne, he had pleafed neither the troubling himfelf any farther about the Pope's proceedings
Emperor, nor the King of France, nor the King of Eng- againft him (1). The Archbifhoprick of Canterbury be- Cranmer
land, nor the Potentates of Italy, and yet, of the Sub- ing vacant by lVarham'% death, it was neceffary to fill matte Ant-
jefts of all thefe Sovereigns was the Council chiefly to the See, that the fentence might be given by the Primate JPf t
confift. He knew himfelf to be a Baftard, and that alone of England. Wherefore, Henry had caft his Eyes on ;
to be fufficient to depofe him, in cafe his enemies were Dr. Thomas Cranmer, then in Germany [t). But, con- Hall,
fuperior in the Council. What had paffed at Conjlance trary to his expectation, he had found the Dcftor more li " b "
and Baftl gave him juft reafon to dread, that a Council, averfe to accept, than others would have been eager to de-
held in a free City of Germany, might form the fame fire that high Dignity. It was fix months before he could
defigns. Upon all thefe confiderations, when the Em- be perfwaded to take upon him that burden. In fine,
peror defired him, at the conference of Bologna, to call a his reluctance being conquered by the King's patience, he
Council, he forbore to give a pofitive anfwer. He con- began his journey to London, though very flowly, in hopes
tented himfelf with committing the examination of his the King might alter his mind. However, as a farther
requeft to certain Cardinals, under colour of being inform- delay was directly contrary to the King's meafures, Cran-
. . ed of the reafons Pro and Con. The Popes have a cha- mer could no longer defer fubmitting to his Will. The
/congrega- rafter to fuftain, which often throws them into great King himfelf undertook to demand his Bulls (3), which,
'I Car- perplexity. In publick, they muft make fhow of a great though eleven in all, were rated but at nine hundred
zeal for God's Glory, for Religion, and for the Good of Ducats (4). The Pope forbore of his own accord to re-
tire Church, and withal of a great difintereftednefs for quire the Annates, forefeeing they would be refufed. To
every thing which perfonally concerns them. But, for enable Cranmer to be at this charge, the King made him
(ear what they thus profefs outwardly fhould be taken li- a prefent of the revenues of the Archbifhoprick, from the
terally, they muft in private undeceive thofe who treat 9th of September lart Year. Thefe obftacles being re-
with them, and difcover to them, that their own intereft moved, there arofe another much more confiderable.

dmall a
gainti r be

the principal fubjeft of the Negotiation. So, what
they fay publickly, is always juft and right, and feems to
tend only to the greater Glory of God. But in the end
it is too frequently perceived, that Religion ferves only
lor a cloak to their temporal concerns. On the prefent
occalion, a General Council feemed abfolutely neceffary
to put an end to the troubles caufed by the religious dif-

Cranmcr retufed to take the ufual Oath to the Pope, be- //. .
lieving he could not do it with a fate confeience. In his '-'
firft Journey into Germany he had read Luther's Booi. .
which entirely convinced him of the truth of many of Burnet,
the Proteftant-Tenets, and particularly of the little foun-
dation in Scripture, tor the fpintual power affumed by ti.e
Pope over the whole Church. Confequently, he could not

(1 ) The other Afts that pafTed this Seflion were thefe. I. That Beef, Pork, Mutton, and Veal, ftruld for the fuluie be f. Id by Averdmpcil Wei hi ;
ar.el no I erfon take for a pound of Beef or Pork, above one half-penny ; and f r a pi.und of Mutton, or Veal, not above three rarthinps. 2. That a
Mm killing a Thief in his own Defence, fliall not forfeit his Gods; which was the penally I thofe who were guilty i f Chance m-.d,ey. 3. Thfe
was alio an Aft made for encouraging the deflru&ion of Crows, Rooks, and Chcughs. 4. Ad cne for paving the Street-w.y be;we;n. Cbaring-O ,.
and Sirand-Croji. See Status. 24. Hen. 8.

,ij Negotiating the Bulinels of the Divorce among the learned Men of Germany, Burnet, T. I, p. 127.

(3) And accordingly fent for them ab at the end ot January. Idem, p. 128.

'4) Thefe being the laft bulls in this Reign, it will not be arr.ils to give an account of them, as they are fet down in • og of C'inmer <

Regiiler. Ey the firft, he is, up.-n the King's Nomination, promoted to the Aichbiih' prclc of Canterbury ; ihii 1 d by a fee

re;-ed to himfelf, he is made Archbilhop. ly a third, he is ablblved from all Cenmres. A fourth is to the & A 6 h the Dean and

Chapter. A fixth to the Clergy ot Canterbury. A feventh to all the Laity in his See An eighth to all tfi t held I. ol it, ii og them to

receive him as Archbilhiip. All thefe are da'cd February 21, 1533- i : y a 9-.l1 of Febru-'y 22, he vv.'i to be cpnl . taking h Oath :n tr.e

Pontifical. By a tenth, dated the 2d of March, the fall was fent him. And by an eleventh of the fame date, :he Archbiibop of Y'.rk, ?>■ ■
1 ::h p of London, were required to put it on him. Thefe were the ievcral AruUces to make C mpotuions high, and to enn.h the Apo.lol ck -

Burnet, T. I. p. 128.

No. 40, V « l. I.

9 Q.





Vol. I.

is-,;, refoive to fwear an obedience, which in his opinion was
not due to him. Mean while, Henry confidering Cran-
mer, as a Perfon who by his principles and resolution
could eft'eclually ferve him in the decifion of the affair of
• the Divorce, of which he defired to fee the end, preffed
him (o earneftly to fwear the cuftomary Oath, that he
was prevailed with at length, by an expedient propofed to
him ; namely, to make a formal proteftation againft the
He yield- at Oath he was to take (i). This is by no means one of
laft, but njs mo ft cornrn endable actions. However, he was confe-
™r" t ftltl<m. crated the 1 3th of March, according to Burnet. And
Aft. Pub. yet, the King put him not in poffefTion of the Tempo-
Xiv.p4 5 6, ra j jties t jjj the 2gtn f jip r ii This gives occafion to

BuJnet. fufpeeff, there is a miftake in the firft of thefe dates.
r . 11S. This affair being ended, the King required the Con-

cat'i%"rf° vocation °f lhe Province of Canterbury to give their opi-
C»'nt«bury nion upon thefe two points. Firft, whether Pope Julius's
and Ycrk difpenfation for the King's Marriage with Catherine was
p C fj,'*Le Sufficient, and able to render fuch a Marriage valid ? Se-
tUDiLne condly, whether it was fufficiently proved that Arthur had
for the fCmg. confummated his Marriage with Catherine ? Whereupon,
Xiv ? .tU the Convocation declared on the 5th of April, that the
4-2. P ! Pope had not power to difpenfe contrary to the Law of
B»,,et. God, and that the Confummation of Arthur's Marriage
was proved, as far as a thing of that nature could be. The
Convocation of York made the like decifion the 13th of
May following.
Tnachfimli Whilft the Clergy were employed in debating thefe
London? " P° ints > Hinr y writ to Francis, defiring him^ to fend a
Bellay." trufty Perfon, to whom he might discover fome things
Mezera;. w hich he would not make publick. Whereupon Francis
Herbert. fent j Villiam de BeUay Lord of Langeais, ordering him

to acquaint the King, that he had concluded a Marriage
between his fecond Son the Duke of Orleans, and Cathe-
rine de Medici, and that the Pope and himfelf were to
meet at Marfeilles, to celebrate the Nuptials : That in
fuch a juncture he believed his prefence would be very ne-
ceffary to negotiate his own affairs himfelf with the Pope j
but in cafe he did not think proper to be at the Inter-
view, he would do well to fend fome perfon on his part.
Henry in. Langeais being come to London, the King told him, that
f Ma"JJ'e Clenient VII having obftinately refufed to appoint him
t, %'e\hy. Judges in England, he had determined at length to pro-
Herbert.' C eed ; and therefore had already efpoufed Ann Bullen,
with a refolution to have his marriage nulled by the
Archbifhop of Canterbury. That however, he would keep
his fecond marriage private till May, to fee what the
King of France could do with the Bifhop of Rome ( for
fo he called the Pope. ) But if he could obtain nothing,
his dengn was to withdraw himfelf wholly from the Papal
authority. He imagined then, the Pope and Francis
Herbert. would meet in May, but it was not till Ottober. He
|; l6 £ 3 ." s told Langeais further, that he had compofed a Treatife
Mem. S upon the Incroachments of the Bifhops of Rome, and the
p. 149. Prerogatives of fovereign Princes ; but would not publifh

it, tilF he law no hopes of reconciliation.
He mates it Shortly after, the King's Marriage with Ann Bullen
fuiiut. was made publick , which certainly was very wrong.
Since the King was refolved to have his firft Marriage
nulled by the Archbifhop of Canterbury, he fhould have
Remark an ftaid till the Sentence was pronounced. All that can be
that Sub- f a - 1( i ; n excu f e f tn i s irregular conduct, i.°, that the new
Queen was four months gone with Child, and her breed-
ing could hardly be concealed any longer. But notwith-
ftanding this, the King might have caufed his firft Mar-
riage to be nulled a little fooner, or the fecond to be pub-
lifhed a little later, fince there was but a month between

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