"fhould be found expedient, as well as that which may be had by a fecond Marriage, legitimate; "and the Legitimacy of both to be fupported and "fortified by a perpetual Decree or Sanction, in the moft ftrong and effectual Manner and Form, " that And Doctors learn'd. Firft I began in private When I first mov'd you. Lin. Very well, my Liege. King. I have fpoke long; be pleas'd yourself to fay How far you fatisfy'd me, Lin. Pleafe your Highnefs, The Question did at firit fo ftagger me, King. I then mov'd you, My Lord of Canterbury, and got your Leave Under your Hands and Seals. Therefore go on Cam. So pleafe your Highness, The Queen being abfent, 'tis a needful Fitnefs Mean while must be an earnest Motion Made to the Queen, to call back her Appeal King. I may perceive Thefe Cardinals trifle with me: I abhor [Exeunt, in Manner as they entered. "that can, according to Law, be conceived or de vised, against all Ecclefiaftical Cenfures and Pe"nalties whatsoever, General Councils, Apoftolick Conftitutions and Ordinances, and every Thing selfe to the contrary notwithstanding. Given at Viterbo, in the Year of the Incarnation of the Lord 1528, on the 6th of the Ides of June, in the "5th Year of our Pontificate." As foon as the Commiffion was read the Clerks of the Court took the ufual Oaths, and the King and Queen were cited by the Legates to appear on the 18th of June, which was the Bufinefs of that Day. The King's Proxies were Dr. Sampfon, Dr. Petre, and Dr. Tregonnell: The Queen's Counsel were Dr. Fiber, Bishop of Rochester, Dr. Standish, Bishop of St. Afaph, and Dr. Ridley. Second Day On the 18th of June the Court fat again, to which he King fent his Proxies; but the Queen appearing in Perfon, protested against the Legates as incompetent Judges, alledging, "That the "Pope had ordered the Caufe fhould be tried at Rome;" and defired Time might be allowed to prove the Allegation; for which Purpose the Legates gave her Highness three Days, and adjourned the Court. On the 21ft, the King and Queen be- Third Day. ing feated in Chairs against each other, Campeius opened the Caufe in a long Speech, and both this Legate and Wolfey made folemn Declarations of their Impartiality, and that they intended to proceed without Favour or Affection. The King being called, anfwered, Here! The Queen made no Answer; but rifing, from her Chair, came up unto the King, and kneeling unto him, made a moving and fignificant Speech, already cited in Mr. Cavendifb's Hiftory foregoing. When fhe had ended her Speech, fhe rofe up and made a low Curtefy to the King, and, instead of returning to her Sear Seat, went ftrait out of the Court, every one wondering what the Queen intended; but, before fhe 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 fhe was called; to whom the replied, I hear it very well, but go you on; I cannot have Justice in this Court! Let them proceed against me in what Manner they will, I am refolved not to Stay. So away the went, and would never after be perfuaded to make her Appearance, either personally or by Proctors. When fhe was gone the King commended her in ftrong Terms, and acquitted* the Cardinal from being the first Mover of it: But, as to what was faid, fee it at large in Cavendish. * It may be further obferved, in Vindication of the Cardinal upon this Head, That, being preffed by the King to give his Judgment in the Cafe of the Divorce, he excufed himself from declaring it, by Reafon, as he was pleafed to alledge, the Matter was of too arduous a Nature for him; and therefore defired Time to confult the reft of the Clergy upon it. This Excufe could neither have been made or admitted, if the Cardinal had at any Time taken the Freedom of delivering his Opinion to the Difquict of the King's Confcience, in the Manner it was pretended he did. It feems unaccountable, that Bishop Burnet fhould cite Saunders to fhew that the Cardinal was the firit that infufed Scruples into the King, relating to his Marriage, and caufe Longland, Bishop of Lincoln, afterwards to poffefs the King's Mind with them in Confeilion: For, if this After learned Hiftorian had wanted an Authority towards fupporting the Grounds of this common Sufpicion against the Cardinal, we cannot but think the Name of Mr. Camden would have made a better Figure in the Margin of his Hiftory, than that of an Author whom himfelf has treated with fo much Contempt, and expofed as a Writer to whom no manner of Credit is to be given. But whatever Occafion the Bifhop might have for this Teftimony, to do his Lordship Juftice, he profeffes himself, in the Sequel of this Story, inclined to think, that the Scruples of the King were much antienter; and, in a few Pages after, he acquits the Cardinal of this Reproach; however we shall not inquire into what Motives induced him to be willing, that his Readers should credit a Story in his laft Volume, which his Lordship in his firft Volume has fo well and effectually confuted. After the Speeches were ended the Court adjourned to the 25th of June, at the fame time ordering Letters monitory to be iffued for citing the Queen to appear. In that Interval the two Cardinals waited upon the Queen, at his Majefty's Defire, to endeavour to prevail with her to comply with the King's Requeft, and fubmit to the Court; but it was to no Purpose. See Mr. Cavendish again; and beneath Shakespear.* *Enter the Cardinals Wolfey and Campeius. Wol. Peace to your Highness. Queen. Your Graces find me here part of a Houfe-wife, (I would be all) against the worst may happen: What are your Pleasures with me, rev'rend Lords? Wol, May't please you, noble Madam, to withdraw Queen. Speak it here. There's nothing I have done yet, o' my Conscience, Could fpeak this with as free a Soul as I do! My Lords, I care not (fo much I am happy Were try'd by ev'ry Tongue, ev'ry Eye faw 'em, I know my Life fo even. If your Bufinefs Do'feek me out, and that way I am Wife in, Out with it boldly! Truth loves open Dealing. Wol. Tanta eft erga te mentis integritas, Regina Sereniffima. Queen. Good my Lord, no Latin; I am not fuch Truant fince my Coming, As not to know the Language I have liv'd in. A ftrange Tongue makes my Caufe more ftrange, fufpicious: If you speak Truth, for their poor Mistress's Sake. May be abfolv'd in English. Wol. Noble Lady! I'm forry my Integrity fhould breed So deep Sufpicion, where all Faith was meant. On To Fourth Day. On the 25th the Court met, pursuant to the Adjournment, and the proper Of= ficer returned to the Court, that the Queen had been duly fummoned; but, as fhe did not appear, fhe was ordered to be fummoned a fecond Time, and then the Court adjourned to the 28th. On the 28th the Court met, and the Fifth Day. Citation being read, and Proof being made of the Queen's being duly fummoned, fhe was pro nounced Contumax. However, though the Queen refused to appear, the Court proceeded to examine Witneffes, and made a Shew, at leaft, of coming to a Determination, the Lawyers being permitted to plead on each Side. The Advocates for the King opened the Charge by fetting forth, "It was not in the Pope's "Power to ratify the Marriage, and make that law"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 Circumftances did ma"nifeft the Confummating of the Marriage by carnal Conjunction; and indeed confidering the Age of *Prince Arthur and of Queen Catherine at the Time, To taint that Honour every good Tongue bleffes; Cam. Moft honour'd Madam, My Lord of York, out of his noble Nature, His Service and his Counfel. Queen. To betray me! My Lords, I thank you both for your Good-wilk; the Ye |