The Divorce of Catherine of Aragon / The Story as Told by the Imperial Ambassadors Resident at the Court of Henry VIII

In the year 1526 the political prospects of England became seriously clouded. A disputed succession had led in the previous century to a desperate civil war. In that year it became known in private circles that if Henry VIII. was to die the realm would again be left without a certain heir, and that the strife of the Roses might be renewed on an even more distracting scale. The sons who had been born to Queen Catherine had died in childbirth or had died immediately after it. The passionate hope of the country that she might still produce a male child who would survive had been constantly disappointed, and now could be entertained no longer. She was eight years older than her husband. She had “certain diseases” which made it impossible that she should be again pregnant, and Henry had for two years ceased to cohabit with her. He had two children still living—the Princess Mary, Catherine’s daughter, then a girl of eleven, and an illegitimate son born in 1519, the mother being a daughter of Sir John Blount, and married afterwards to Sir Gilbert Talboys. By presumptive law the Princess was the next heir; but no woman had ever sat on the throne of England alone and in her own right, and it was doubtful whether the nation would submit to a female sovereign. The boy, though excluded by his birth from the prospect of the crown, was yet brought up with exceptional care, called a prince by his tutors, and probably regarded by his father as a possible successor should his sister go the way of her brothers. In 1525, after the King had deliberately withdrawn from Catherine, he was created Duke of Richmond—a title of peculiar significance, since it had been borne by his grandfather, Henry VII.—and he was granted precedence over the rest of the peerage. Illegitimacy was a serious, but, it might be thought, was not an absolute, bar. The Conqueror had been himself a bastard. The Church, by its habits of granting dispensations for irregular marriages or of dissolving them on pleas of affinity or consanguinity or other pretext, had confused the distinction between legitimate and illegitimate. A Church Court had illegitimatised the children of Edward IV. and Elizabeth Grey, on the ground of one of Edward’s previous connections; yet no one regarded the princes murdered in the Tower as having been illegitimate in reality; and to prevent disputes and for an adequate object, the Duke of Richmond, had he grown to manhood, might, in the absence of other claims, have been recognised by Parliament. But the Duke was still a child, and might die as Henry’s other sons had died; and other claims there were which, in the face of the bar sinister, could not fail to be asserted. James V. of Scotland was next in blood, being the son of Henry’s eldest sister, Margaret. There were the Greys, inheriting from the second sister, Mary. Outside the royal house there were the still popular representatives of the White Rose, the Marquis of Exeter, who was Edward IV.’s grandson; the Countess of Salisbury, daughter of Edward’s brother the Duke of Clarence, and sister of the murdered Earl of Warwick; and Henry’s life was the only obstacle between the collision of these opposing pretensions. James, it was quite certain, would not be allowed to succeed without a struggle. National rivalry forbade it. Yet it was no less certain that he would try, and would probably be backed by France. There was but one escape from convulsions which might easily be the ruin of the realm. The King was in the flower of his age, and might naturally look for a Prince of Wales to come after him if he was married to a woman capable of bearing one. It is neither unnatural nor, under the circumstances, a matter to be censured if he and others began to reflect upon the peculiar character of his connection with Catherine of Aragon. It is not sufficiently remembered that the marriage of a widow with her husband’s brother was then, as it is now, forbidden by the laws of all civilised countries. Such a marriage at the present day would be held ipso facto invalid and not a marriage at all. An irregular power was then held to rest with the successors of St. Peter to dispense, under certain conditions, with the inhibitory rules. The popes are now understood to have never rightly possessed such an authority, and therefore, according to modern law and sentiment, Henry and Catherine never were husband and wife at all. At the time it was uncertain whether the dispensing power extended so far as to sanction such a union, and when the discussion rose upon it the Roman canonists were themselves divided. Those who maintained the widest view of the papal faculty yet agreed that such a dispensation could only be granted for urgent cause, such as to prevent foreign wars or internal seditions, and no such cause was alleged to have existed when Ferdinand and Henry VII. arranged the marriage between their children. The dispensation had been granted by Pope Julius with reluctance, had been acted upon after considerable hesitation, and was of doubtful validity, since the necessary conditions were absent. The marriages of kings were determined with little reference to the personal affection of the parties. Between Henry and Catherine there was probably as much and as little personal attachment as there usually is in such cases. He respected and perhaps admired her character; but she was not beautiful, she was not attractive, while she was as proud and intractable as her mother Isabella. Their union had been settled by the two fathers to cement the alliance between England and Spain. Such connections rest on a different foundation from those which are voluntarily entered into between private persons. What is made up for political reasons may pardonably be dissolved when other reasons of a similar kind require it; and when it became clear that Catherine could never bear another child, that the penalty threatened in the Levitical law against marriages of this precise kind had been literally enforced in the death of the male offspring, and that civil war was imminent in consequence upon the King’s death, Henry may have doubted in good faith whether she had ever been his wife at all—whether, in fact, the marriage was not of the character which everyone would now allow to attach to similar unions. Had there been a Prince of Wales, the question would never have arisen, and Henry, like other kings, would have borne his fate. But there was no prince, and the question had risen, and there was no reason why it should not. There was no trace at the outset of an attachment to another woman. If there had been, there would be little to condemn; but Anne Boleyn, when it was first mooted, was no more to the King than any other lady of the court. He required a wife who could produce a son to secure the succession. The powers which had allowed an irregular marriage could equally dissolve it, and the King felt that he had a right to demand a familiar concession which other sovereigns had often applied for in one form or another, and rarely in vain.

Thus as early as 1526 certainly, and probably as much as a year before, Cardinal Wolsey had been feeling his way at Rome for a separation between Henry and Catherine. On September 7 in that year the Bishop of Bath, who was English Ambassador at Paris, informed the Cardinal of the arrival there of a confidential agent of Pope Clement VII. The agent had spoken to the Bishop on this especial subject, and had informed him that there would be difficulties about it.[1] The “blessed divorce”—benedictum divorcium the Bishop calls it—had been already under consideration at Rome. The difficulties were not specified, but the political features of the time obliged Clement to be circumspect, and it was these that were probably referred to. Francis I. had been defeated and taken prisoner by the Imperialists at Pavia. He had been carried to Spain, and had been released at Henry’s intercession, under severe conditions, to which he had reluctantly consented, and his sons had been left at Madrid as hostages for the due fulfilment of them. The victorious army, half Spanish, half German, remained under the Duke of Bourbon to complete the conquest of Italy; and Charles V., with his already vast dominions and a treasury which the world believed to be inexhaustibly supplied from the gold mines of the New World, seemed advancing to universal empire.

France in the preceding centuries had been the hereditary enemy of England; Spain and Burgundy her hereditary friends. The marriage of Catherine of Aragon had been a special feature of the established alliance. She was given first to Prince Arthur, and then to Henry, as a link in the confederacy which was to hold in check French ambition. Times were changing. Charles V. had been elected emperor, largely through English influence; but Charles was threatening to be a more serious danger to Europe than France had been. The Italian princes were too weak to resist the conqueror of Pavia. Italy once conquered, the Papacy would become a dependency of the empire, and, with Charles’s German subjects in open revolt against it, the Church would lose its authority, and the organisation of the Catholic world would fall into hopeless decrepitude. So thought Wolsey, the most sharp-sighted of English ministers. He believed that the maintenance of the Papacy was the best defence of order and liberty. The only remedy which he could see was a change of partners. England held the balance between the great rival powers. If the English alliance could be transferred from the Empire to France, the Emperor could be held in check, and his supposed ambition neutralised. Wolsey was utterly mistaken; but the mistake was not an unnatural one. Charles, busy with his Italian wars, had treated the Lutheran schism with suspicious forbearance. Notwithstanding his Indian ingots his finances were disordered. Bourbon’s lansquenets had been left to pay themselves by plunder. They had sacked monasteries, pillaged cathedral plate, and ravished nuns with irreverent ferocity. The estates of the Church had been as little spared by them as Lombardy; and to Clement VII. the invasion was another inroad of barbarians, and Bourbon a second Attila. What Bourbon’s master meant by it, and what he might intend to do, was as uncertain to Clement as perhaps it was to Charles himself. In the prostrate, degraded, and desperate condition into which the Church was falling, any resolution was possible. To the clearest eyes in Europe the Papacy seemed tottering to its fall, and Charles’s hand, if he chose to raise it, might precipitate the catastrophe. To ask a pope at such a time to give mortal offence to the Spanish nation by agreeing to the divorce of Catherine of Aragon was to ask him to sign his death-warrant. No wonder, therefore, that he found difficulties. Yet it was to France and England that Clement had to look for help in his extremities. The divorce perhaps had as yet been no more than a suggestion, a part of a policy which was still in its infancy. It could wait at any rate for a more convenient season. Meantime he sent his secretary, Sanga, to Paris to beg aid; and to Henry personally he made a passionate appeal, imploring him not to desert the Apostolic See in its hour of extreme need. He apologised for his importunacy, but he said he hoped that history would not have to record that Italy had been devastated in the time of Clement VII. to the dishonour of the King and of Wolsey. If France and England failed him, he would himself be ruined. The Emperor would be universal monarch. They would open their eyes at last, but they would open them too late. So piteous was the entreaty that Henry when he read the Pope’s letter burst into tears.[2] Clement had not been idle. He had brought his own small army into the field to oppose Bourbon; he joined the Italian League, and prepared to defend himself. He was called the father of Christendom, yet he was at open war with the most Catholic king. But Wolsey reasonably considered that unless the Western powers interfered the end would come.

If England was to act, she could act only in alliance with France. The change of policy was ill understood, and was not popular among Henry’s subjects. The divorce as yet had not been spoken of. No breath of such a purpose had gone abroad. But English sentiment was imperial, and could endure with equanimity even the afflictions of a pope. The King was more papal than his people; he allowed Wolsey to guide him, and negotiations were set on foot at once for a special treaty with France, one of the conditions of which was to be the marriage of the Princess Mary—allotted like a card in a game—either to Francis or to one of his sons; another condition being that the English crown should be settled upon her should Henry die without a legitimate son. Sir John Russell was simultaneously despatched to Rome with money to help the Pope in paying his troops and garrisoning the city. The ducats and the “kind words” which accompanied them “created incredible joy,” encouraged his Holiness to reject unjust conditions which had been offered, and restored him, if for the moment only, “from death to life.”[3] If Russell described correctly what he saw in passing through Italy, Clement had good cause for anxiety. “The Swabians and Spaniards,” he wrote, “had committed horrible atrocities. They had burnt houses to the value of two hundred million ducats, with all the churches, images, and priests that fell into their hands. They had compelled the priests and monks to violate the nuns. Even where they were received without opposition they had burned the place; they had not spared the boys, and they had carried off the girls; and whenever they found the Sacrament of the Church they had thrown it into a river or into the vilest place they could find. If God did not punish such cruelty and wickedness, men would infer that He did not trouble Himself about the affairs of this world.”[4]

The news from Italy gave a fresh impulse to Wolsey’s policy and the Anglo-French Alliance, which was pushed forward in spite of popular disapproval. The Emperor, unable to pay, and therefore unable to control, his troops, became himself alarmed. He found himself pressed into a course which was stimulating the German revolt against the Papacy, and he professed himself anxious to end the war. Inigo de Mendoza, the Bishop of Burgos, was despatched to Paris to negotiate for a general pacification. From Paris he was to proceed to London to assure Henry of the Emperor’s inalienable friendship, and above all things to gain over Wolsey by the means which experience had shown to be the nearest way to Wolsey’s heart. The great Cardinal was already Charles’s pensionary, but the pension was several years in arrear. Mendoza was to tell him not only that the arrears should be immediately paid up, but that a second pension should be secured to him on the revenues of Milan, and that the Emperor would make him a further grant of 6,000 ducats annually out of the income of Spanish bishoprics. No means was to be spared to divert the hostility of so dangerous an enemy.[5]

Wolsey was not to be so easily gained. He had formed large schemes which he did not mean to part with, and in the matter of pensions Francis I. was as liberal in promises as Charles. The Pope’s prospects were brightening. Besides the English money, he had improved his finances by creating six new cardinals, and making 240,000 crowns out of the disposition of these sacred offices.[6] A French embassy, with the Bishop of Tarbes at its head, came to England to complete the treaty with Henry in the Pope’s defence. Demands were to be made upon the Emperor; if those demands were refused, war was to follow, and the cement of the alliance was to be the marriage of Mary with a French prince. It is likely that other secret projects were in view also of a similar kind. The marriage of Henry with Catherine had been intended to secure the continuance of the alliance with Spain. Royal ladies were the counters with which politicians played; and probably enough there were thoughts of placing a French princess in Catherine’s place. However this may be, the legality of the King’s marriage with his nominal queen was suddenly and indirectly raised in the discussion of the terms of the treaty, when the Bishop of Tarbes inquired whether it was certain that Catherine’s daughter was legitimate.

Mr. Brewer, the careful and admirable editor of the “Foreign and Domestic Calendar of State Papers,” doubts whether the Bishop did anything of the kind. I cannot agree with Mr. Brewer. The Bishop of Tarbes was among the best-known diplomatists in Europe. He was actively concerned during subsequent years in the process of the divorce case in London, in Paris, and at Rome. The expressions which he used on this occasion were publicly appealed to by Henry in his addresses to the peers and to the country, in the public pleas which he laid before the English prelates, in the various repeated defences which he made for his conduct. It is impossible that the Bishop should have been ignorant of the use which was made of his name, and impossible equally to suppose that he would have allowed his name to be used unfairly. The Bishop of Tarbes was unquestionably the first person to bring the question publicly forward. It is likely enough, however, that his introduction of so startling a topic had been privately arranged between himself and Wolsey as a prelude to the further steps which were immediately to follow. For the divorce had by this time been finally resolved on as part of a general scheme for the alteration of the balance of power. The domestic reasons for it were as weighty as ever were alleged for similar separations. The Pope’s hesitation, it might be assumed, would now be overcome, since he had flung himself for support upon England and France, and his relations with the Emperor could hardly be worse than they were.

The outer world, and even the persons principally concerned, were taken entirely by surprise. For the two years during which it had been under consideration the secret had been successfully preserved. Not a hint had reached Catherine herself, and even when the match had been lighted by the Bishop of Tarbes the full meaning of it does not seem to have occurred to her. Mendoza, on his arrival in England, had found her disturbed; she was irritated at the position which had been given to the Duke of Richmond; she was angry, of course, at the French alliance; she complained that she was kept in the dark about public affairs; she was exerting herself to the utmost among the friends of the imperial connection to arrest Wolsey’s policy and maintain the ancient traditions; but of the divorce she had not heard a word. It was to come upon her like a thunderstroke.[7]

Before the drama opens a brief description will not be out of place of the two persons who were to play the principal parts on the stage, as they were seen a year later by Ludovico Falieri, the Venetian ambassador in England. Of Catherine his account is brief.

“The Queen is of low stature and rather stout; very good and very religious; speaks Spanish, French, Flemish, and English; more beloved by the Islanders than any queen that has ever reigned; about forty-five years old, and has been in England thirty years. She has had two sons and one daughter. Both the sons died in infancy. One daughter survives.”

On the King, Falieri is more elaborate.

“In the 8th Henry such beauty of mind and body is combined as to surprise and astonish. Grand stature, suited to his exalted position, showing the superiority of mind and character; a face like an angel’s, so fair it is; his head bald like Cæsar’s, and he wears a beard, which is not the English custom. He is accomplished in every manly exercise, sits his horse well, tilts with his lance, throws the quoit, shoots with his bow excellent well; he is a fine tennis player, and he practises all these gifts with the greatest industry. Such a prince could not fail to have cultivated also his character and his intellect. He has been a student from his childhood; he knows literature, philosophy, and theology; speaks and writes Spanish, French, and Italian, besides Latin and English. He is kind, gracious, courteous, liberal, especially to men of learning, whom he is always ready to help. He appears religious also, generally hears two masses a day, and on holy days High Mass besides. He is very charitable, giving away ten thousand gold ducats annually among orphans, widows, and cripples.”[8]

Such was the King, such the Queen, whom fate and the preposterous pretensions of the Papacy to dispense with the established marriage laws had irregularly mated, and whose separation was to shake the European world. Pope Clement complained in subsequent years that the burden of decision should have been thrown in the first instance upon himself. If the King had proceeded at the outset to try the question in the English courts; if a judgment had been given unfavourable to the marriage, and had he immediately acted upon it, Queen Catherine might have appealed to the Holy See; but accomplished facts were solid things. Her case might have been indefinitely protracted by legal technicalities till it died of itself. It would have been a characteristic method of escape out of the difficulty, and it was a view which Wolsey himself perhaps at first entertained. He knew that the Pope was unwilling to take the first step.

On the 17th of May, 1527, after a discussion of the Treaty with France, he called a meeting of his Legatine court at York Place. Archbishop Warham sate with him as assessor. The King attended, and the Cardinal, having stated that a question had arisen on the lawfulness of his marriage, enquired whether the King, for the sake of public morals and the good of his own soul, would allow the objections to be examined into. The King assented, and named a proctor. The Bull of Julius II. was introduced and considered. Wolsey declared that in a case so intricate the canon lawyers must be consulted, and he asked for the opinions of the assembled bishops. The bishops, one only excepted, gave dubious answers. The aged Bishop of Rochester, reputed the holiest and wisest of them, said decidedly that the marriage was good, and the Bull which legalised it sufficient.

These proceedings were not followed up, but the secrecy which had hitherto been observed was no longer possible, and Catherine and her friends learnt now for the first time the measure which was in contemplation. Mendoza, writing on the day following the York Place meeting to the Emperor, informed him, as a fact which he had learnt on reliable authority, that Wolsey, for a final stroke of wickedness, was scheming to divorce the Queen. She was so much alarmed that she did not venture herself to speak of it, but it was certain that the lawyers and bishops had been invited to sign a declaration that, being his brother’s widow, she could not be the wife of the King. The Pope, she was afraid, might be tempted to take part against her, or the Cardinal himself might deliver judgment as Papal Legate. Her one hope was in the Emperor. The cause of the action taken against her was her fidelity to the Imperial interests. Nothing as yet had been made formally public, and she begged that the whole matter might be kept as private as possible.[9]

That the Pope would be willing, if he dared, to gratify Henry at Charles’s expense was only too likely. The German Lutherans and the German Emperor were at the moment his most dangerous enemies. France and England were the only Powers who seemed willing to assist him, and a week before the meeting of Wolsey’s court he had experienced in the most terrible form what the imperial hostility might bring upon him. On the 7th of that same month of May the army of the Duke of Bourbon had taken Rome by storm. The city was given up to pillage. Reverend cardinals were dragged through the streets on mules’ backs, dishonoured and mutilated. Convents of nuns were abandoned to the licentious soldiery. The horrors of the capture may have been exaggerated, but it is quite certain that to holy things or holy persons no respect was paid, and that the atrocities which in those days were usually perpetrated in stormed towns were on this occasion eminently conspicuous. The unfortunate Pope, shut up in the Castle of St. Angelo, looked down from its battlements upon scenes so dreadful that it must have appeared as if the Papacy and the Church itself had been overtaken by the final judgment. We regard the Spaniards as a nation of bigots, we consider it impossible that the countrymen of Charles and Philip could have been animated by any such bitterness against the centre of Catholic Christendom. Charles himself is not likely to have intended the humiliation of the Holy See. But Clement had reason for his misgivings, and Wolsey’s policy was not without excuse. Lope de Soria was Charles’s Minister at Genoa, and Lope de Soria’s opinions, freely uttered, may have been shared by many a Catholic besides himself. On the 25th of May, a fortnight after the storm, he wrote to his master the following noticeable letter:—

“The sack of Rome must be regarded as a visitation from God, who permits his servant the Emperor to teach his Vicar on earth and other Christian princes that their wicked purposes shall be defeated, the unjust wars which they have raised shall cease, peace be restored to Christendom, the faith be exalted, and heresy extirpated.... Should the Emperor think that the Church of God is not what it ought to be, and that the Pope’s temporal power emboldens him to promote war among Christian princes, I cannot but remind your Majesty that it will not be a sin, but a meritorious action, to reform the Church; so that the Pope’s authority be confined exclusively to his own spiritual affairs, and temporal affairs to be left to Cæsar, since by right what is God’s belongs to God, and what is Cæsar’s to Cæsar. I have been twenty-eight years in Italy, and I have observed that the Popes have been the sole cause of all the wars and miseries during that time. Your Imperial Majesty, as Supreme Lord on earth, is bound to apply a remedy to that evil.”[10]

Heretical English and Germans were not the only persons who could recognise the fitness of the secular supremacy of princes over popes and Churches. Such thoughts must have passed through the mind of Charles himself, and of many more besides him. De Soria’s words might have been dictated by Luther or Thomas Cromwell. Had the Emperor at that moment placed himself at the head of the Reformation, all later history would have been different. One statesman at any rate had cause to fear that this might be what was about to happen. Wolsey was the embodiment of everything most objectionable and odious to the laity in the ecclesiastical administration of Europe. To defend the Papacy and to embarrass Charles was the surest method of protecting himself and his order. The divorce was an incident in the situation, but not the least important. Catherine represented the Imperialist interest in England. To put her away was to make the breach with her countrymen and kindred irreparable. He took upon himself to assure the King that after the last outrage the Pope would agree to anything that France and England demanded of him, and would trust to his allies to bear him harmless. That the divorce was a thing reasonable in itself to ask for, and certain to be conceded by any pope who was free to act on his own judgment, was assumed as a matter of course. Sir Gregory Casalis, the English agent at Rome, was instructed to obtain access to Clement in St. Angelo, to convey to him the indignation felt in England at his treatment, and then to insist on the illegality of the King’s relations with Catherine, on the King’s own scruples of conscience, and on the anxiety of his subjects that there should be a male heir to the crown. The “urgent cause” such as was necessary to be produced when exceptional actions were required of the popes was the imminence or even certainty of civil war if no such heir was born.

Catherine meanwhile had again communicated with Mendoza. She had spoken to her husband, and Henry, since further reticence was impossible, had told her that they had been living in mortal sin, and that a separation was necessary. A violent scene had followed, with natural tears and reproaches.[11] The King endeavoured to console her, but it was not a matter where consolation could avail. Wolsey advised him to deal with her gently, till it was seen what the Pope and the King of France would do in the matter. Wolsey himself was to go immediately to Paris to see Francis, and consult with him on the measures necessary to be taken in consequence of the Pope’s imprisonment. It was possible that Clement, finding himself helpless, might become a puppet in the Emperor’s hands. Under such circumstances he could not be trusted by other countries with the spiritual authority attaching to his office, and schemes were being formed for some interim arrangement by which France and England were to constitute themselves into a separate patriarchate, with Wolsey at its head as Archbishop of Rouen. Mendoza says that this proposal had been actually made to Wolsey by the French Ambassador.[12] In Spain it was even believed to be contemplated as a permanent modification of the ecclesiastical system. The Imperial Councillors at Valladolid told the Venetian Minister that the Cardinal intended to separate the Churches of England and France from that of Rome, saying that as the Pope was a prisoner he was not to be obeyed, and that even if the Emperor released him, he still would not be free unless his fortresses and territory now in the Emperor’s hands were restored to him.[13] Wolsey had reason for anxiety, for Catherine and Mendoza were writing to the Emperor insisting that he should make the Pope revoke Wolsey’s Legatine powers.

In spite of efforts to keep secret the intended divorce, it soon became known throughout England. The Queen was personally popular. The nation generally detested France, and looked on the Emperor as their hereditary friend. The reasons for the divorce might influence statesmen, but did not touch the body of the people. They naturally took the side of an injured wife, and if Mendoza can be believed (and there is no reason why he should not be believed), the first impression was decidedly unfavourable to a project which was regarded as part of the new policy. Mendoza made the most of the opposition. He told the Emperor that if six or seven thousand men were landed in Cornwall, forty thousand Englishmen would rise and join them.[14] He saw Wolsey—he reasoned with him, and when he found reason ineffectual, he named the bribe which the Emperor was willing to give. Knowing what Francis was bidding, he baited his hook more liberally. He spoke of the Papacy: “how the chair was now in the Emperor’s hands, and the Emperor, if Wolsey deserved it, would no doubt promote his elevation.” The glittering temptation was unavailing. The papal chair had been Wolsey’s highest ambition, but he remained unmoved. He said that he had served the Emperor in the past out of disinterested regard. He still trusted that the Emperor would replace the Pope and restore the Church. Mendoza’s answer was not reassuring to an English statesman. He said that both the spiritual and temporal powers were now centred in his master, and he advised Wolsey, if he desired an arrangement, to extend his journey from France, go on to Spain, and see the Emperor in person. It was precisely this centering which those who had charge of English liberties had a right to resent. Divorce or no divorce, they could not allow a power possessed of so much authority in the rest of Christendom to be the servant of a single prince. The divorce was but an illustration of the situation, and such a Papacy as Mendoza contemplated would reduce England and all Catholic Europe into fiefs of the Empire.

CHAPTER II.

The Cardinal went upon his journey with the splendour attaching to his office and befitting a churchman who was aspiring to be the spiritual president of the two kingdoms. On his way to the coast he visited two prelates whose support to his policy was important. Archbishop Warham had been cold about the divorce, if not openly hostile. Wolsey found him “not much changed from his first fashion,” but admitting that, although it might be unpleasant to the Queen, truth and justice must prevail. Bishop Fisher was a more difficult subject. He had spoken in the Legate’s court in Catherine’s favour. It was from him, as the King supposed, that Catherine herself had learnt what was impending over her. Wolsey called at his palace as he passed through Rochester. He asked the Bishop plainly if he had been in communication with the Queen. The Bishop, after some hesitation, confessed that the Queen had sought his advice, and said that he had declined to give an opinion without the King’s command. Before Wolsey left London, at a last interview at York Place, the King had directed him to explain “the whole matter” to the Bishop. He went through the entire history, mentioned the words of the Bishop of Tarbes, and discussed the question which had risen upon it, on account of which he had been sent into France. Finally, he described the extreme violence with which Catherine had received the intelligence.

The Bishop greatly blamed the conduct of the Queen, and said he thought that if he might speak to her he might bring her to submission. He agreed, or seemed to agree, that the marriage had been irregular, though he did not himself think that it could now be broken. Others of the bishops, he thought, agreed with him; but he was satisfied that the King meant nothing against the laws of God, and would be fully justified in submitting his misgivings to the Pope.[15]

Mendoza’s and the Queen’s letters had meanwhile been despatched to Spain, to add to the anxieties which were overwhelming the Emperor. Nothing could have been less welcome at such a juncture than a family quarrel with his uncle of England, whose friendship he was still hoping to retain. The bird that he had caged at Rome was no convenient prisoner. The capture of Rome had not been ordered by himself, though politically he was obliged to maintain it. The time did not suit for the ambitious Church reforms of Lope de Soria. Peace would have to be made with the Pope on some moderate conditions. His own Spain was hardly quieted after the revolt of the Comunidades. Half Germany was in avowed apostasy from the Church of Rome. The Turks were overrunning Hungary, and sweeping the Mediterranean with their pirate fleets, and the passionate and restless Francis was watching his opportunity to revenge Pavia and attack his captor in the Low Countries and in Italy. The great Emperor was moderate, cautious, prudent to a fault. In a calmer season he might have been tempted to take the Church in hand; and none understood better the condition into which it had fallen. But he was wise enough to know that if a reform of the Papacy was undertaken at all it must be undertaken with the joint consent of the other Christian princes, and all his present efforts were directed to peace. He was Catherine’s natural guardian. Her position in England had been hitherto a political security for Henry’s friendship. It was his duty and his interest to defend her, and he meant to do it; not, however, by sending roving expeditions to land in Cornwall and raise a civil war; all means were to be tried before that; to attempt such a thing, he well knew, would throw Europe into a blaze. The letters found him at Valladolid. He replied, of course, that he was shocked at a proceeding so unlooked for and so scandalous, but he charged Mendoza to be moderate and to confine himself to remonstrance.[16] He wrote himself to Henry—confidentially, as from friend to friend, and ciphering his letter with his own hand. He was unable to believe, he said, that Henry could contemplate seriously bringing his domestic discomforts before the world. Even supposing the marriage illegitimate—even supposing that the Pope had no power to dispense in such cases—“it would be better and more honourable to keep the matter secret, and to work out a remedy.” He bade Mendoza remind the King that to question the dispensing power affected the position of other princes besides his own; that to touch the legitimacy of his daughter would increase the difficulties with the succession, and not remove them. He implored the King “to keep the matter secret, as he would do himself.” Meanwhile, he told Mendoza, for Catherine’s comfort, that he had written to demand a mild brief from the Pope to stop the scandal. He had requested him, as Catherine had suggested, to revoke Wolsey’s powers, or at least to command that neither he nor any English Court should try the case. If heard at all it must be heard before his Holiness and the Sacred College.[17] But he could not part with the hope that he might still bring Wolsey to his own and the Queen’s side. A council of Cardinals was to meet at Avignon to consider the Pope’s captivity. The Cardinal of England was expected to attend. Charles himself might go to Perpignan. Wolsey might meet him there, discuss the state of Europe, and settle the King’s secret affair at the same time. Should this be impossible, he charged Mendoza once more to leave no stone unturned to recover Wolsey’s friendship. “In our name,” he said, “you will make him the following offers:—

“1. The payment of all arrears on his several pensions, amounting to 9,000 ducats annually.

“2. Six thousand additional ducats annually until such a time as a bishoprick or other ecclesiastical endowment of the same revenue becomes vacant in our kingdom.

“3. The Duke, who is to have Milan, to give him a Marquisate in that Duchy, with an annual rent of 12,000 ducats, or 15,000 if the smaller sum be not enough; the said Marquisate to be held by the Cardinal during his life, and to pass after him to any heir whom he shall appoint.”[18]

As if this was not sufficient, the Emperor paid a yet further tribute to the supposed all-powerful Cardinal. He wrote himself to him as to his “good friend.” He said that if there was anything in his dominions which the Cardinal wished to possess he had only to name it, as he considered Wolsey the best friend that he had in the world.[19]

For the ministers of great countries deliberately to sell themselves to foreign princes was the custom of the age. The measure of public virtue which such a custom indicates was not exalted; and among the changes introduced by the Reformation the abolition or suspension of it was not the least beneficial. Thomas Cromwell, when he came to power, set the example of refusal, and corruption of public men on a scale so scandalously enormous was no more heard of. Gold, however, had flowed in upon Wolsey in such enormous streams and from so many sources that the Emperor’s munificence and attention failed to tempt him. On reaching Paris he found Francis bent upon war, and willing to promise anything for Henry’s assistance. The belief at the French Court was that the Emperor, hearing that the Churches of England and France meant to decline from their obedience to the Roman Communion, would carry the Pope to Spain; that Clement would probably be poisoned there, and the Apostolic See would be established permanently in the Peninsula.[20] Wolsey himself wrote this, and believed it, or desired Henry to believe it, proving the extreme uncertainty among the best-informed of contemporary politicians as to the probable issue of the capture of Rome. The French Cardinals drew and sent an address to the Pope, intimating that as long as he was in confinement they could accept no act of his as lawful, and would not obey it. Wolsey signed at the head of them. The Cardinals Salviati, Bourbon, Lorraine, and the Chancellor Cardinal of Sens, signed after him.[21] The first stroke in the game had been won by Wolsey. Had the Pope recalled his powers as legate, an immediate schism might have followed. But a more fatal blow had been prepared for him by his master in England. Trusting to the Cardinal’s promises that the Pope would make no difficulty about the divorce, Henry had considered himself at liberty to choose a successor to Catherine. He had suffered once in having allowed politics to select a wife for him. This time he intended to be guided by his own inclination. When Elizabeth afterwards wished to marry Leicester, Lord Sussex said she had better fix after her own liking; there would be the better chance of the heir that her realm was looking for. Her father fixed also after his liking in selecting Elizabeth’s mother.

Anne Boleyn was the second daughter of Sir Thomas Boleyn, a Norfolk knight of ancient blood, and himself a person of some distinction in the public service. Lady Boleyn was a Howard, daughter of the Duke of Norfolk. Anne was born in 1507, and by birth and connection was early introduced into the court. When a girl she was taken to Paris to be educated. In 1522 she was brought back to England, became a lady-in-waiting, and, being a witty, brilliant young woman, attracted and encouraged the attentions of the fashionable cavaliers of the day. Wyatt, the poet, was among her adorers, and the young Percy, afterwards Earl of Northumberland. It was alleged afterwards that between her and Percy there had been a secret marriage which had been actually consummated. That she had been involved in some dangerous intrigue or other she herself subsequently confessed. But she was attractive, she was witty; she drew Henry’s fancy, and the fancy became an ardent passion. Now, for the first time, in Wolsey’s absence, the Lady Anne’s name appears in connection with the divorce. On the 16th of August Mendoza informed Charles, as a matter of general belief, that if the suit for the divorce was successful the King would marry a daughter of Master Boleyn, whom the Emperor would remember as once ambassador at the Imperial court.[22] There is no direct evidence that before Wolsey had left England the King had seriously thought of Anne at all. Catherine could have had no suspicion of it, or her jealous indignation would have made itself heard. The Spanish Ambassador spoke of it as a new feature in the case.

The Boleyns were Wolsey’s enemies, and belonged to the growing faction most hostile to the Church. The news as it came upon him was utterly distasteful.[23] Anne in turn hated Wolsey, as he probably knew that she would, and she compelled him to stoop to the disgrace of suing for her favour. The inference is reasonable, therefore, that the King took the step which in the event was to produce such momentous consequences when the Cardinal was not at hand to dissuade him. He was not encouraged even by her own family. Her father, as will be seen hereafter, was from the first opposed to his daughter’s advancement. He probably knew her character too well. But Henry, when he had taken an idea into his head, was not to be moved from it. The lady was not beautiful: she was rather short than tall, her complexion was dark, her neck long, her mouth broad, her figure not particularly good. The fascinating features were her long flowing brown hair, a pair of effective dark eyes, and a boldness of character which might have put him on his guard, and did not.

The immediate effect was to cool Wolsey’s ardour for the divorce. His mission in France, which opened so splendidly, eventuated in little. The French cardinals held no meeting at Avignon. They had signed the address to Clement, but they had not made the Cardinal of York into their patriarch. Rouen was not added to his other preferments. Could he but have proposed a marriage for his sovereign with the Princess of Alençon, all might have been different, but it had fared with him as it fared with the Earl of Warwick, whom Henry’s grandfather had sent to France to woo a bride for him, and in his absence married Elizabeth Grey. He perhaps regretted the munificent offers of the Emperor which he had hastily rejected, and he returned to England in the autumn to feel the consequences of the change in his situation. Mr. Brewer labours in vain to prove that Wolsey was unfavourable to the divorce from the beginning. Catherine believed that he was the instigator of it. Mendoza was of the same opinion. Unquestionably he promoted it with all his power, and made it a part of a great policy. To maintain that he was acting thus against his conscience and to please the King is more dishonouring to him than to suppose that he was either the originator or the willing instrument. All, however, was altered when Anne Boleyn came upon the stage, and she made haste to make him feel the change. “The Legate has returned from France,” wrote Mendoza on the 26th of October. He went to visit the King at Richmond, and sent to ask where he could see him. The King was in his chamber. It happened that the lady, who seemed to entertain no great affection for the Cardinal, was in the room with the King, and before the latter could answer the message she said for him, “Where else is the Cardinal to come? Tell him he may come here where the King is.” The Legate felt that such treatment boded no good to him, but concealed his resentment. “The cause,” said Mendoza, “is supposed to be that the said lady bears the Legate a grudge, for other reasons, and because she has discovered that during his visit to France the Legate proposed to have an alliance for the King found in that country.”[24] Wolsey persuaded Mendoza that the French marriage had been a fiction, but at once he began to endeavour to undo his work, and prevent the dissolution of the marriage with Catherine. He tried to procure an unfavourable opinion from the English Bishops before legal proceedings were commenced. Mendoza, however, doubted his stability if the King persisted in his purpose, and advised that a papal decision on the case should be procured and forwarded as soon as possible.[25]

The Pope’s captivity, however, would destroy the value of any judgment which he might give while he continued in durance. The Emperor, encouraged by the intimation that Wolsey was wavering, reverted to his previous hope. In a special memorandum of measures to be taken, the most important, notwithstanding the refusal of the previous offers, was still thought to be to “bribe the Cardinal.” He must instantly be paid the arrears of his pensions out of the revenues of the sees of Palencia and Badajoz. If there was not money enough in the treasury, a further and larger pension of twelve or fourteen thousand crowns was to be given to him out of some rich bishopric in Castile. The Emperor admitted that he had promised the Cortes to appoint no more foreigners to Spanish sees, but such a promise could not be held binding, being in violation of the liberties of the Church. Every one would see that it was for the good of the kingdom.

The renewed offer was doubtless conveyed to Wolsey, but he probably found that he had gone too deep to retire. If he made such an effort as Mendoza relates, he must have speedily discovered that it would be useless. He had encouraged the King in a belief that the divorce would be granted by the Pope as a matter of course, and the King, having made up his own mind, was not to be moved from it. If Wolsey now drew back, the certain inference would be that he had accepted an imperial bribe. There was no recourse, therefore, but to go on.

While Wolsey had been hesitating, the King had, unknown to him, sent his secretary, Dr. Knight, to Rome with directions to obtain access if possible to the Pope, and procure the dispensation which had been already applied for to enable him to marry a second time without the formalities of a judgment. Such an expedient would be convenient in many ways. It would leave Catherine’s position unaffected and the legitimacy of the Princess Mary unimpugned. Knight went. He found that without a passport he could not even enter the city, still less be allowed an interview. “With ten thousand crowns he could not bribe his way into St. Angelo.” He contrived, however, to have a letter introduced, which the Pope answered by telling Knight to wait in some quiet place. He (the Pope) would “there send him all the King’s requests in as ample a form as they were desired.” Knight trusted in a short time “to have in his custody as much, perfect, sped, and under lead, as his Highness had long time desired.”[26]

Knight was too sanguine. The Emperor, finding the Pope’s detention as a prisoner embarrassing, allowed him, on the 9th of December, to escape to Orvieto, where he was apparently at liberty; but he was only in a larger cage, all his territories being occupied by Imperial troops, and he himself watched by the General of the Observants, and warned at his peril to grant nothing to Catherine’s prejudice. Henry’s Secretary followed him, saw him, and obtained something which on examination proved to be worthless. The negotiations were left again in Wolsey’s hands, and were pressed with all the eagerness of a desperate man.

Pope Clement had ceased to be a free agent. He did not look to the rights of the case. He would gladly have pleased Henry could he have pleased him without displeasing Charles. The case itself was peculiar, and opinions differed on the rights and wrongs of it. The reader must be from time to time reminded that, as the law of England has stood ever since, a marriage with a brother’s widow was not a marriage. As the law of the Church then stood, it was not a marriage unless permitted by the Pope; and according to the same law of England the Pope neither has, nor ever had, any authority to dispense with the law. Therefore Henry, on the abstract contention, was in the right. He had married Catherine under an error. The problem was to untie the knot with as little suffering to either as the nature of the case permitted. That the negotiations were full of inconsistencies, evasions, and contradictions, was natural and inevitable. To cut the knot without untying it was the only direct course, but that all means were exhausted before the application of so violent a remedy was rather a credit than a reproach.

The first inconsistency was in the King. He did not regard his marriage as valid; therefore he thought himself at liberty to marry again; but he did not wish to illegitimatise his daughter or degrade Catherine. He disputed the validity of the dispensation of Julius II.; yet he required a dispensation from Clement which was equally questionable to enable him to take a second wife. The management of the case having reverted to Wolsey, fresh instructions were sent to Sir Gregory Casalis, the regular English agent at the Papal court, to wait on Clement. Casalis was “bid consider how much the affair concerned the relief of the King’s conscience, the safety of his soul, the preservation of his life, the continuation of his succession, the welfare and repose of all his subjects now and hereafter.” The Pope at Orvieto was personally accessible. Casalis was to represent to him the many difficulties which had arisen in connection with the marriage, and the certainty of civil war in England should the King die leaving the succession no better provided for. He was, therefore, to request the Pope to grant a commission to Wolsey to hear the case and to decide it, and (perhaps as an alternative) to sign a dispensation, a draft of which Wolsey enclosed. The language of the dispensation was peculiar. Wolsey explained it by saying that “the King, remembering by the example of past times what false claims [to the crown] had been put forward, to avoid all colour or pretext of the same, desired this of the Pope as absolutely necessary.” If these two requests were conceded, Henry undertook on his part to require the Emperor to set the Pope at liberty, or to declare war against him if he refused.

A dispensation, which was to evade the real point at issue, yet to convey to the King a power to take another wife, was a novelty in itself and likely to be carefully worded. It has given occasion among modern historians to important inferences disgraceful to everyone concerned. The sinister meaning supposed to be obvious to modern critics could not have been concealed from the Pope himself. Here, therefore, follow the words which have been fastened on as for ever fatal to the intelligence and character of Henry and his Ministers.

The Pope, after reviewing the later history of England, the distractions caused by rival claimants of the crown, after admitting the necessity of guarding against the designs of the ambitious, and empowering Henry to marry again, was made to address the King in these words:[27]—

“In order to take away all occasion from evil doers, we do in the plenitude of our power hereby suspend hâc vice all canons forbidding marriage in the fourth degree, also all canons de impedimento publicæ honestatis preventing marriage in consequence of clandestine espousals, further all canons relating to precontracts clandestinely made but not consummated, also all canons affecting impediments created by affinity rising ex illicito coitu, in any degree even in the first, so far as the marriage to be contracted by you, the petitioner, can be objected to or in any wise be impugned by the same. Further, to avoid canonical objections on the side of the woman by reason of former contract clandestinely made, or impediment of public honesty or justice arising from such clandestine contract, or of any affinity contracted in any degree even the first, ex illicito coitu: and in the event that it has proceeded beyond the second or third degrees of consanguinity, whereby otherwise you, the petitioner, would not be allowed by the canons to contract marriage, we hereby license you to take such woman for wife, and suffer you and the woman to marry free from all ecclesiastical objections and censures.”

The explanation given by Wolsey of the wording of this document is that it was intended to preclude any objections which might be raised to the prejudice of the offspring of a marriage in itself irregular. It was therefore made as comprehensive as possible. Dr. Lingard, followed by Mr. Brewer, and other writers see in it a transparent personal application to the situation in which Henry intended to place himself in making a wife of Anne Boleyn. Two years subsequent to the period when this dispensation was asked for, when the question of the divorce had developed into a battle between England and the Papacy, and the passions of Catholics and Reformers were boiling over in recrimination and invective, the King’s plea that he was parting from Catherine out of conscience was met by stories set floating in society that the King himself had previously intrigued with the mother and sister of the lady whom he intended to marry; precisely the same obstacle existed, therefore, to his marriage with Anne, being further aggravated by incest. No attempt was ever made to prove these charges; no particulars were given of time or place. No witnesses were produced, nor other evidence, though to prove them would have been of infinite importance. Queen Catherine, who if any one must have known it if the accusation was true, never alludes to Mary Boleyn in the fiercest of her denunciations. It was heard of only in the conversation of disaffected priests or secret visitors to the Spanish Ambassador, and was made public only in the manifesto of Reginald Pole, which accompanied Paul III.’s Bull for Henry’s deposition. Even this authority, which was not much in itself, is made less by the fact that in the first draft of “Pole’s Book,” sent to England to be examined in 1535, the story is not mentioned. Evidently, therefore, Pole had not then heard of it or did not believe it. The guilt with the mother is now abandoned as too monstrous. The guilt with the sister is peremptorily insisted on, and the words of the dispensation are appealed to as no longer leaving room for doubt. To what else, it is asked, can such extraordinary expressions refer unless to some disgraceful personal liaison?

The uninstructed who draw inferences of fact from the verbiage of legal documents will discover often what are called “mare’s nests.” I will request the reader to consider what this supposition involves. The dispensation would have to be copied into the Roman registers, subject to the inspection of the acutest canon lawyers in the world. If the meaning is so clear to us, it must have been clear to them. We are, therefore, to believe that Henry, when demanding to be separated from Catherine, as an escape from mortal sin, for the relief of his conscience and the surety of his succession, was gratuitously putting the Pope in possession of a secret which had only to be published to extinguish him and his plea in an outburst of scorn and laughter.

There was no need for such an acknowledgment, for the intrigue could not be proved. It could not be required for the legitimation of the children that were to be born; for a man of Wolsey’s ability must have known that no dispensation would be held valid that was granted after so preposterous a confidence. It was as if a man putting in a claim for some great property, before the case came on for trial privately informed both judge and jury that it was based on forgery.

We are called on to explain further, why, when all Europe was shaken by the controversy, no hint is to be found in any public document of a fact which, if true, would be decisive; and yet more extraordinary, why the Pope and the Curia, when driven to bay in all the exasperation of a furious controversy, left a weapon unused which would have assured them an easy victory. Wolsey was not a fool. Is it conceivable that he would have composed a document so fatal and have drawn the Pope’s pointed attention to it? My credulity does not extend so far. We cannot prove a negative; we cannot prove that Henry had not intrigued with Mary Boleyn, or with all the ladies of his court. But the language of the dispensation cannot be adduced as an evidence of it, unless King, Pope, and all the interested world had parted with their senses.

As to the story itself, there is no ground for distinguishing between the mother and the daughter. When it was first set circulating both were named together. The mother only has been dropped, lest the improbability should seem too violent for belief. That Mary Boleyn had been the King’s mistress before or after her own marriage is now asserted as an ascertained fact by respectable historians—a fact sufficient, can it be proved, to cover with infamy for ever the English separation from Rome, King, Ministers, Parliaments, Bishops, and every one concerned with it. The effectiveness of the weapon commends it to Catholic controversialists. I have only to repeat that the evidence for the charge is nothing but the floating gossip of Catholic society, never heard of, never whispered, till the second stage of the quarrel, when it had developed into a passionate contest; never even then alleged in a form in which it could be met and answered. It could not have been hid from Queen Catherine if it was known to Reginald Pole. We have many letters of Catherine, eloquent on the story of her wrongs; letters to the Emperor, letters to the Pope; yet no word of Mary Boleyn. What reason can be given save that it was a legend which grew out of the temper of the time? Nothing could be more plausible than to meet the King’s plea of conscience with an allegation which made it ridiculous. But in the public pleadings of a cause which was discussed in every capital in Europe by the keenest lawyers and diplomatists of the age, an accusation which, if maintained, would have been absolutely decisive, is never alluded to in any public document till the question had passed beyond the stage of discussion. The silence of all responsible persons is sufficient proof of its nature. It was a mere floating calumny, born of wind and malice.

Mr. Brewer does indeed imagine that he has discovered what he describes as a tacit confession on Henry’s part. When the Act of Appeals was before the House of Commons which ended the papal jurisdiction in England, a small knot of Opposition members used to meet privately to deliberate how to oppose it. Among these one of the most active was Sir George Throgmorton, a man who afterwards, with his brother Michael, made himself useful to Cromwell and played with both parties, but was then against the divorce and against all the measures which grew out of it. Throgmorton, according to his own account, had been admitted to an interview with the King and Cromwell. In 1537, after the Pilgrimage of Grace, while the ashes of the rebellion were still smouldering, after Michael Throgmorton had betrayed Cromwell’s confidence and gone over to Reginald Pole, Sir George was reported to have used certain expressions to Sir Thomas Dyngley and to two other gentlemen, which he was called on by the Council to explain. The letter to the King in which he replied is still extant. He said that he had been sent for by the King after a speech on the Act of Appeals, “and that he saw his Grace’s conscience was troubled about having married his brother’s wife.” He professed to have said to Dyngley that he had told the King that if he did marry Queen Anne his conscience would be more troubled at length, for it was thought he had meddled both with the mother and the sister; that his Grace said: “Never with the mother,” and my Lord Privy Seal (Cromwell), standing by, said, “nor with the sister neither, so put that out of your mind.” Mr. Brewer construes this into an admission of the King that Mary Boleyn had been his mistress, and omits, of course, by inadvertence, that Throgmorton, being asked why he had told this story to Dyngley, answered that “he spake it only out of vainglory, to show he was one that durst speak for the Commonwealth.” Nothing is more common than for “vainglorious” men, when admitted to conversations with kings, to make the most of what they said themselves, and to report not very accurately what was said to them. Had the conversation been authentic, Throgmorton would naturally have appealed to Cromwell’s recollection. But Mr. Brewer accepts the version of a confessed boaster as if it was a complete and trustworthy account of what had actually passed. He does not ask himself whether if the King or Cromwell had given their version it might not have borne another complexion. Henry was not a safe person to take liberties with. Is it likely that if one of his subjects, who was actively opposing him in Parliament, had taxed him with an enormous crime, he would have made a confession which Throgmorton had only to repeat in the House of Commons to ruin him and his cause? Mr. Brewer should have added also that the authority which he gave for the story was no better than Father Peto, afterwards Cardinal Peto, as bitter an enemy of the Reformation as Pole himself. Most serious of all, Mr. Brewer omits to mention that Throgmorton was submitted afterwards to a severe cross-examination before a Committee of Council, the effect of which, if he had spoken truly, could only be to establish the authenticity of a disgraceful charge.[28]

The last evidence alleged is the confession made by Anne Boleyn, after her condemnation, of some mystery which had invalidated her marriage with the King and had been made the ground of an Act of Parliament. The confession was not published, and Catholic opinion concluded, and concludes still, that it must have been the Mary Boleyn intrigue. Catholic opinion does not pause to inquire whether Anne could have been said to confess an offence of the King and her sister. The cross-examination of Throgmorton turns the conjecture into an absurdity. When asked, in 1537, whom he ever heard say such a thing, he would have had but to appeal to the proceedings in Parliament in the year immediately preceding.

Is it likely finally that if Throgmorton’s examination proves what Mr. Brewer thinks it proves, a record of it would have been preserved among the official State Papers?

If all the stories current about Henry VIII. were to be discussed with as much detail as I have allowed to this, the world would not contain the books which should be written. An Irish lawyer told me in my youth to believe nothing which I heard in that country which had not been sifted in a court of justice, and only half of that. Legend is as the air invulnerable, and blows aimed at it, if not “malicious mockery” are waste of effort. Charges of scandalous immorality are precious to controversialists, for if they are disproved ever so completely the stain adheres.