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“ should be found expedient, as well as that which
may be had by a second Marriage, legitimate ; " and the Legitimacy of both to be fupported and * fortified by a perpetual Decree or Sanction, in the most strong and effectual Manner and Form,
And Doctors learn'd. First I began in private
; King. I have spoke long; be pleas'd yourself to say How far you satisfy'd me,
Lin. Please your Highness,
King. I then mov'd you,
Cam. So please your Highness,
King. I may perceive
[Exeunt, in Manner as they entgredo
* that can, according to Law, be conceived or dem vised, against all Ecclesiastical Censures and Pe“ nalties whatsoever, General Councils, Apostolick * Constitutions and Ordinances, and every Thing s else to the contrary notwithstanding.
Given at " Viterbo, in the Year of the Incarnation of the Lord s 1928, on the 6th of the Ides of June, in the
5th Year of our Pontificate.”
As soon as the Commission was read the Clerks of the Court took the usual Oaths, and the King and Queen were cited by the Legates to appear on the 18th of June, which was the Business of that Day.
The King's Proxies were Dr. Sampson, Dr. Petre, and Dr. Tregonnell: The Queen's Counsel were Dr. Fifber, Bishop of Rocbefter, Dr. Standish, Bishop of St. Afaph, and Dr. Ridley. On the 18th of June the Court fat
Second Day again, to which he King sent his Proxies; but the Qyeen appearing in Person, protested against the Legates as incompetent Judges, alledging, “That the
Pope had ordered the Cause should be tried at Rome; and desired Time might be allowed to prove the Allegation ; for which Purpose the Legates gave her Highness three Days, and a journed the Court. On the 21st, the King and Queen be
Third. Day. ing feated in Chairs against each other, Campeius opened the Cause in a long Speech, and both this Legate and Walsey made folemn Declarațions of their Impartiality, and that they intended to proceed without Favour or Affection.
The King being called, answered, Here! The Queen made no Answer ; but rising, from her Chair, came up unto the King, and kneeling unto him, made a moving and significant Speech, already cited in Mr. Cavendisb's History foregoing. When she had ended her Speech, she rose up and made a low Cure tefy to the King, and, instead of returning to her
Seat, went strait out of the Court, every one wondering what the Queen intended; but, before she had gone far, the King commanded the Apparitor to call her back again, who cried out, Catherine, Queen of England, come into the Court! Whereupon the Gentleman, who led her, told her she was called ; to whom fhe replied, I hear it very well, but go you on; I cannot bave Justice in this Court! Let them proceed against me in what Manner they will, I am resolved not to stay. So away the went, and would never after be persuaded to make her Appearance, either personally or by Proctors. . When she was gone the King commended her in strong Terms, and acquitted * the Cardinal from being the first Mover of it: But, as to what was said, see it at large in Cavendish.
* It may be further observed, learned Historian had wanted an in Vindication of the Cardinal Authority towards supporting upon this Head, That, being the Grounds of this common Sufpressed by the King to give his picion against the Cardinal, we Judgment in the Case of the Di- cannot but think the Name of vorce, he excused himself from Mr. Camden would have made a declaring it, by Reason, as he was better Figure in the Margin of his
, pleased to alledge, the Matter was History, than that of an Author of too arduous a Nature for him; whom himself has treated with and therefore defired Time, to so much Contempt, and exposed consult the rest of the Clergy as a Writer to whom no manner upon it. This Excuse could nei- of Credit is to be given. ther have been made or admit. But whatever Occasion the Bited, if the Cardinal had at any shop might have for this TestiTime taken the Freedom of de- mony, to do his Lordship Julivering his Opinion to the Dif- ftice, he professes himself, in the quict of the King's Conscience, Sequel of this story, inclined to in the Manner it was pretended think, that the Scruples of the he did.
King were much antienter; and, It seems unaccountable, that in a few Pages after, he acquits the Bimop Burnet should cite Saun. Cardinal of this Reproach ; howders to thew that the Cardinal ever we shall not inquire into was the firit that infused Scruples what Motives induced him to be into the King, relating to his willing, that his Readers should Marriage, and cause Longland, credit a Story in his last Volume, "Bishop of Lincoln, afterwards to which his Lord fhip in his first
poffefs the King's Mind with Volume has so well and effecthem in Confeition: Eor, if this tually confuted.
After the Speeches were ended the Court adjourned to the 25th of June, at the same time ordering Letters monitory to be issued for citing the Queen to appear. In that Interval the two Cardinals waited upon the Queen, at his Majesty's Defire, to endeavour to prevail with her to comply with the King's Requeft, and submit to the Court ; but it was to no Purpose. See Mr. Cavendish again ; and beneath Shakespear.
* Enter the Cardinals Wolsey and Campeius.
Wol: May't please you, noble Madam, to withdraw
Queen. Speak it here:
Wol. Tanta eff erga te mentis integritas, Regina Serenissima.
Wol. Noble Lady !
On the 25th the Court inet, pursuant
to the Adjournment, and the proper Officer returned to the Court, that the Queen had been duly summoned ; but, as she did not appear, fhc was ordered to be summoned a fecond Time, and then the Court adjourned to the 28th. Fish Day.
On the 28th, the Court met, and the
Citation being read, and Proof being made of the Queen's being duly summoned, she was pros nounced Contumax. However, though the Queen refused to appear, the Court proceeded to examine Witnesses, and made a Shew, at least, of coming to a Determination, the Lawyers being permitted to plead on each side. The Advocates for the King opene: the Charge by setting forth, “It was not in the Pope's “ Power to ratify the Marriage, and make that laws
ful which the Law of GOD and Nature had pro« nounced unlawful : That Catherine had been law“ fully married to Prince Arthur, the King's elder “ Brother, and the Nuptials publickly folemnized no “ Man could deny, and many Circumstances did mai niféft the Consummating of the Marriage by carrial
Conjunction ; and indeed considering the Age of * Prince Arthur and of Queen Cathering at the Times
To taint that Honour every good Tongue blefles ;
Cam. Moft honour'd Madam,
Querñ. To betray me !