1528. pofal. The fafest measure seemed to confift in previously CHA P. engaging him so far, that he could not afterwards recede, XXX. and in making use of his present ambiguity and uncertainty, to extort the most important conceffions from him. For this purpose, Stephen Gardiner, the cardinal's fecretary, and Edward Fox, the king's almoner, were dif patched to Rome, and were ordered to folicit a commif- 10th Feb. fion from the pope, of fuch a nature as would oblige him to confirm the fentence of the commiffioners, whatever it was, and disable him, on any account, to recal the commiffion, or evoke the cause to Rome T. conduct. But the fame reafons, which made the king fo defirous The of obtaining this conceffion, confirmed the pope in the pope's amrefolution of refufing it: He was still determined to keep biguous the door open to an agreement with the emperor, and he made no fcruple of facrificing all other confiderations to a point, which he deemed, of all others, the most important to his own fecurity, and to that of his family. He granted, therefore, a new commiffion, in which cardinal Campeggio was joined to Wolfey, for the trial of the king's marriage; but he could not be prevailed on to infert the claufe defired of him. And though he put into Gardiner's hands a letter, promifing not to recall the prefent commiffion; this promife was found, on examination, to be couched in fuch ambiguous terms, as left him ftill the power, whenever he pleased, of departing. from it ". CAMPEGGIO lay under fome obligations to the king; but his dependance on the pope was fo much greater, that he conformed himself entirely to the views of his holiness; and though he received his commiffion in April, he protracted his departure by so many artificial delays, that it was October before he arrived in England. The first step which he took, was to exhort the king to defift from the profecution of his divorce; and finding that this counsel gave great offence, he faid, that his intention was also to exhort the queen to enter into a convent, and that he thought it his duty, previously to attempt an amicable composure of all differences w. The more to paci CHA P. fy the king, he fhewed to him, as also to the cardinal, XXX. the decretal bull, annulling the former marriage with Ca therine; but no entreaties could prevail with him to 1528. make any other of the king's council privy to the fecret *. In order to atone, in fome degree, for this obftinacy, he expreffed to the king and the cardinal, the pope's great defire of fatisfying them in every reasonable demand; and in particular, be fhewed that their request for suppreffing fome more monafteries, and converting them into cathedrals and bishops fees, had obtained the consent of his holiness Y. 1529. THESE ambiguous circumstances in the behaviour of the pope and the legate, kept the court of England in fufpente, and determined the king to wait with patience the iffue of fuch uncertain councils. Fortune meanwhile feemed to promise him a more fure and expeditious way of extricating himself from his prefent difficulties. Clement was feized with a dangerous illness; and the intrigues for ele&ing his fucceffor, began already to take place among the cardinals. Wolfey, in particular, fupported by the intereft of England and of France, entertained hopes of mounting the throne of St. Peter Z; and it appears, that, if a vacancy had then happened, there was a probability of his reaching that fummit of his ambition. But the pope recovered his health, though after several relapses; and he returned to the fame train of falfe and deceitful politics, by which he had hitherto amufed the English court. He ftill flattered Henry with profeffions of the most cordial attachment, and promifed him a fudden and favourable iffue of his process: He ftill continued his fecret negociations with Charles, and perfevered in the refolution of facrificing all his promises, and all the interests of the Romish religion, to the elevation of his family. Campeggio, who was perfectly acquainted with his views and intentions, protracted the decifion by the most artificial delays; and gave Clement full leisure to adjust all the terms of his treaty with the emperor. THE emperor, acquainted with the king's extreme earnestness in this affair, was determined, that he should obtain fuccefs by no other means but by an application to him, and by deferting his alliance with Francis, which had X Burnet, p. 58. Y Rvmer, vol. xiv. p. 270. Strype, vol. i. p. 110, 111. Append. N°. 28. z Burnet, vol. i. p. 63. 1529. had hitherto fupported, against the fuperior force of Spain, CHA P. the tottering state of the French monarchy. He willing- XXX. ly hearkened, therefore, to the applications of Catherine, his aunt; and promifing her his utmost protection, exhorted her never to yield to the malice and perfecutions of her enemies. The queen herself was naturally of a firm and refolute temper; and was engaged by every motive to perfevere in protefting against the injuftice, to which the thought herfelf expofed. The imputation of incest, which was thrown upon her marriage with Henry, ftruck her with the highest indignation: The illegitimacy of her daughter, which feemed a neceffary confequence, gave her the the most just concern: The reluctance of yielding to a rival, who, fhe believed, had fupplanted her in the king's affections, was a very natural motive. Actuated by all these confiderations, the never ceafed foliciting her nephew's affiftance, and earnestly entreating an evocation of the cause to Rome, where alone, fhe thought, fhe could expe& juftice. And the emperor, in all his negociations with the pope, made the recall of the commiffion, which Campeggio and Wolfey exercised in England, a fundamental article ^. THE two legates, meanwhile, opened their court at 31 May. London, and cited the king and queen to appear before Trial of it. They both prefented themselves; and the king an- the king's fwered to his name, when called: But the queen, instead marriage, of anfwering to hers, rofe from her feat, and throwing herfelf at the king's feet, made a very pathetic harangue, which her virtue, her dignity, and her misfortunes rendered the more affecting. She told him, that she was a tranger in his dominions, without protection, without council, without affiftance; expofed to all the injuftice, which her enemies were pleased to impofe upon her: That she had quitted her native country without any other refource, than her connexions with him and his family, and had expected, that, instead of fuffering thence any violence or iniquity, fhe was affured in them of a fafe guard against every misfortune: That she had been hi wife during twenty years, and would here appeal to himfelf, whether her affectionate fubmiffion to his will had not merited other treatment, than to be thus, after so long ▲ Herbert, p. 225. Burnet, vol. i. p. 69. 1529. CHAP. long a time, thrown from him with fo much indignity: XXX. That he was confcious- he himself was affured that her virgin honour was yet unftained, when he received her into his bed; and that her connexions with his brother had been carried no further than the ceremony of marriage: That their parents, the kings of England and Spain, were esteemed the wifeft princes of their time, and had undoubtedly acted by the best advice, when they formed the agreement for that marriage, which was now represented as fo criminal and unnatural: And that she acquiefced in their judgment, and would not fubmit her caufe to be tried by a court, whofe dependance on her enemies was too vifible, ever to allow her any hopes of obtaining from them an equitable or impartial decifion F. Having fpoken these words, the rofe, and making the king a low reverence, the departed from the court, and never would again appear in it. AFTER her departure, the king did her the juftice to acknowledge, that the had ever been a dutiful and affectionate wife, and that the whole tenor of her behaviour had been conformable to the ftri&teft rules of probity and honour. He only infifted on his own fcruples, with regard to the lawfulnefs of their marriage; and he explained the origin, the. progrefs, and the foundation of those doubts, by which he had been fo long and fo violently agitated. He acquitted cardinal Wolfey of having any hand in encouraging his fcruples; and he begged a fentence of the court, agreeable to the justice of his cause. THE legates, after citing the queen anew to appear before them, declared her contumacious, notwithstanding her appeal to Rome; and then proceeded to the examination of the cause. The first point which came before them, was the proof of prince Arthur's confummation of his marriage with Catherine; and it must be confeffed, that no ftronger argument could reasonably be expected of fuch a fact after fo long an interval. The age of the prince, who had paffed his fifteenth year, the good ftate of his health, the long time that he had cohabited with his fpoufe, many of his expreffions to that very purpose; all these circumstances form a violent prefumption, in favour of the king's affertion C. Henry himself, after Burnet, vol. i. p. 73. Hall. Stowe, p. 543. C Herbert. 1529. after his brother's death, was not allowed for fome time C H A P. to bear the title of prince of Wales, in expectation of XXX. her pregnancy: The Spanish ambaffador, in order the better to enfure poffeffion of her jointure, had fent over to Spain proofs of the confummation of her marriage D: Julius's bull itself was founded on the fuppofition, that Arthur had perhaps had knowledge of the princess: In the very treaty, fixing Henry's marriage, the confummation of the former marriage with prince Arthur, is acknowledged on both fides E. These particulars were all laid before the court, accompanied with many reasonings concerning the extent of the pope's authority, and his power of granting a difpenfation to marry within the prohibited degrees. Campeggio heard thefe doctrines with great impatience; and notwithstanding his refolution to protract the cause, he was often tempted to interrupt and filence the king's council, when they infifted on fuch difagreeable topics. The trial was fpun out till the 23d of July; and Campeggio chiefly took on him the part of conducting it. Wolfey, though the elder cardinal, permitted him to act as prefident of the court; because it was thought, that a trial, managed by an Italian cardinal, would carry the appearance of greater candour and impartiality, than if the king's own minifter and favourite had prefided in it. The bufinefs now feemed to be drawing near to a period, and the king was every day in expectation of a fentence in his favour; when, to his great furprize, Campeggio, on a sudden, without any The cause warning, and upon very frivolous pretences F, prorogued evoked to the court, till the first of October. The evocation, which Rome. came a few days after from Rome, put an end to all the hopes of fuccefs, which the king had so long and fo anxiously cherished G. DURING the time, that the trial was carried on before the legates at London, the emperor had by his ministers earnefly follicited Clement to evoke the cause to Rome; and had employed every topic of hope or terror, which could operate either on the paffion or timidity of the pontiff. The English ambaffadors, on the other hand, in conjunction with the French, had been no lefs earnest in their applications, that the legate fhould be allowed to finish Rymer, vol. xiii. p. 81, Burnet, vol. ii. p. 35. G Herbert, p. 254. |