source: other-projects/nightly-tasks/diffcol/trunk/gs3-model-collect/Tudor-Basic/import/englishhistory.net/tudor/froudetwo.html@ 28145

Last change on this file since 28145 was 28145, checked in by ak19, 11 years ago

Committing the GS3 model collections for the tutorials originally built on Windows up to the 19th of July 2013, but re-built on Linux today. Enhanced-PDF not committed as its PDF to img conversion has issues.

  • Property svn:executable set to *
File size: 42.2 KB
Line 
1<html>
2
3<head>
4<meta name="content" content="Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude: Chapter One">
5<meta name="page_topic" content="Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude: Chapter One">
6<meta name="author" content="Marilee Mongello">
7<meta name="GENERATOR" content="Microsoft FrontPage 5.0">
8<meta name="ProgId" content="FrontPage.Editor.Document">
9<meta http-equiv="Content-Type" content="text/html; charset=windows-1252">
10<meta http-equiv="Content-Language" content="en-us">
11<title>Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude:
12Chapter Two</title>
13<style>
14<!--
15.3text {font-size: 12 px;}
16-->
17</style>
18<style fprolloverstyle>A:hover {color: #0000FF; font-weight: bold}
19</style>
20</head>
21
22<body link="#0000FF" vlink="#0000FF" alink="#0000FF">
23
24<table border="0" cellpadding="3" width="100%" height="667">
25 <tr>
26 <td width="25%" height="29"></td>
27 <td valign="top" width="50%" height="29">&nbsp;</td>
28 <td width="25%" height="29"></td>
29 </tr>
30 <tr>
31 <td width="25%" height="3"></td>
32 <td width="50%" height="3"><font size="3"></font></td>
33 <td width="25%" height="3"></td>
34 </tr>
35 <tr>
36 <td width="25%" height="610"></td>
37 <td valign="top" width="50%" height="610">
38 <p align="center">&nbsp;</p>
39 <p align="center"><b><font size="7">The Divorce of<br>Catherine of Aragon</font></b><br>
40 <font size="5">by
41 JA Froude, 1891</font></p>
42 <p align="center">
43 <img border="0" src="aragon-new1.jpg" alt="miniature portrait of Katharine of Aragon by Lucas Horenbout" width="325" height="321"></td>
44 <td width="25%" height="610"></td>
45 </tr>
46</table>
47<blockquote>
48 <blockquote>
49 <font face="Times New Roman">
50 </font><font face="Times New Roman">
51 <div align="left">
52 <b><font size="4">CHAPTER TWO</font></b></div>
53 <blockquote>
54 <p class="3text" align="left"><font size="4">Mission of Wolsey to Paris --
55 Visits Bishop Fisher on the way -- Anxieties of the Emperor -- Letter of
56 the Emperor to Henry VIII. -Large offers to Wolsey -- Address of the
57 French Cardinals to the Pope -- Anne Boleyn chosen by Henry to succeed
58 Catherine -- Surprise and displeasure of Wolsey -- Fresh attempts of the
59 Emperor to bribe him -- Wolsey forced to continue to advocate the divorce
60 -Mission of Dr. Knight to Rome -- The Pope at Orvieto -- The King applies
61 for a dispensation to make a second marriage -- Language of the
62 dispensation demanded -- Inferences drawn from it -- Alleged intrigue
63 between the King and Mary Boleyn. </font></p>
64 </blockquote>
65 <p class="3text" align="left"><font size="3">IT was believed at the time --
66 and it was the tradition afterwards -- that Wolsey, in his mission to Paris,
67 intended to replace Catherine by a French princess, the more surely to
68 commit Francis to the support of Henry in the divorce, and to strengthen the
69 new alliance. Nothing can be inherently more likely. The ostensible reason,
70 however, was to do away with any difficulties which might have been
71 suggested by the objection of the Bishop of Tarbes to the legitimacy of the
72 Princess Mary. If illegitimate, she would be no fitting bride for the Duke
73 of Orleans. But she had been born <i>bonâ fide parentum.</i> There was no
74 intention of infringing her prospective rights or of altering her present
75 position. Her rank and title were to be secured to her in amplest measure.
76 </font></p>
77 <p class="3text" align="left"><font size="3">The Cardinal went upon his
78 journey with the splendour attaching to his office and befitting a churchman
79 who was aspiring to be the spiritual president of the two kingdoms. On his
80 way to the coast he visited two prelates whose support to his policy was
81 important. Archbishop Warham had been cold about the divorce, if not openly
82 hostile. Wolsey found him &quot;not much changed from his first fashion,&quot; but
83 admitting that, although it might be unpleasant to the Queen, truth and
84 justice must prevail. Bishop Fisher was a more difficult subject. He had
85 spoken in the Legate's court in Catherine's favour. It was from him, as the
86 King supposed, that Catherine herself had learnt what was impending over
87 her. Wolsey called at his palace as he passed through Rochester. He asked
88 the Bishop plainly if he had been in communication with the Queen. The
89 Bishop, after some hesitation, confessed that the Queen had sought his
90 advice, and said that he had declined to give an opinion without the King's
91 command. Before Wolsey left London, at a last interview at York Place, the
92 King had directed him to explain &quot;the whole matter&quot; to the Bishop. He went
93 through the entire history, mentioned the words of the Bishop of Tarbes, and
94 discussed the question which had risen upon it, on account of which he had
95 been sent into France. Finally, he described the extreme violence with which
96 Catherine had received the intelligence. </font></p>
97 <p class="3text" align="left"><font size="3">The Bishop greatly blamed the
98 conduct of the Queen, and said he thought that if he might speak to her he
99 might bring her to submission. He agreed, or seemed to agree, that the
100 marriage had been irregular, though he did not himself think that it could
101 now be broken. Others of the bishops, he thought, agreed with him; but he
102 was satisfied that the King meant nothing against the laws of God, and would
103 be fully justified in submitting his misgivings to the Pope.</font></p>
104 <p class="3text" align="left"><font size="3">Mendoza's and the Queen's
105 letters had meanwhile been despatched to Spain, to add to the anxieties
106 which were overwhelming the Emperor. Nothing could have been less welcome at
107 such a juncture than a family quarrel with his uncle of England, whose
108 friendship he was still hoping to retain. The bird that he had caged at Rome
109 was no convenient prisoner. The capture of Rome had not been ordered by
110 himself, though politically he was obliged to maintain it. The time did not
111 suit for the ambitious Church reforms of Lope de Soria. Peace would have to
112 be made with the Pope on some moderate conditions. His own Spain was hardly
113 quieted after the revolt of the <i>Comunidades.</i> Half Germany was in
114 avowed apostasy from the Church of Rome. The Turks were overrunning Hungary,
115 and sweeping the Mediterranean with their pirate fleets, and the passionate
116 and restless Francis was watching his opportunity to revenge Pavia and
117 attack his captor in the Low Countries and in Italy. The great Emperor was
118 moderate, cautious, prudent to a fault. In a calmer season he might have
119 been tempted to take the Church in hand; and none understood better the
120 condition into which it had fallen. But he was wise enough to know that if a
121 reform of the Papacy was undertaken at all it must be undertaken with the
122 joint consent of the other Christian princes, and all his present efforts
123 were directed to peace. He was Catherine's natural guardian. Her position in
124 England had been hitherto a political security for Henry's friendship. It
125 was his duty and his interest to defend her, and he meant to do it; not,
126 however, by sending roving expeditions to land in Cornwall and raise a civil
127 war; all means were to be tried before that; to attempt such a thing, he
128 well knew, would throw Europe into a blaze. The letters found him at
129 Valladolid. He replied, of course, that he was shocked at a proceeding so
130 unlooked for and so scandalous, but he charged Mendoza to be moderate and to
131 confine himself to remonstrance. He wrote himself to Henry --
132 confidentially, as from friend to friend, and ciphering his letter with his
133 own hand. He was unable to believe, he said, that Henry could contemplate
134 seriously bringing his domestic discomforts before the world. Even supposing
135 the marriage illegitimate -- even supposing that the Pope had no power to
136 dispense in such cases -- &quot;it would be better and more honourable to keep
137 the matter secret, and to work out a remedy.&quot; He bade Mendoza remind the
138 King that to question the dispensing power affected the position of other
139 princes besides his own; that to touch the legitimacy of his daughter would
140 increase the difficulties with the succession, and not remove them. He
141 implored the King &quot;to keep the matter secret, as he would do himself.&quot;
142 Meanwhile, he told Mendoza, for Catherine's comfort, that he had written to
143 demand a mild brief from the Pope to stop the scandal. He had requested him,
144 as Catherine had suggested, to revoke Wolsey's powers, or at least to
145 command that neither he nor any English Court should try the case. If heard
146 at all it must be heard before his Holiness and the Sacred College. But he
147 could not part with the hope that he might still bring Wolsey to his own and
148 the Queen's side. A council of Cardinals was to meet at Avignon to consider
149 the Pope's captivity. The Cardinal of England was expected to attend.
150 Charles himself might go to Perpignan. Wolsey might meet him there, discuss
151 the state of Europe, and settle the King's secret affair at the same time.</font></p>
152 </font>
153 <font face="Times New Roman" style="font-family: Arial, Helvetica, sans-serif">
154 <p class="3text" align="left"><font face="Times New Roman" size="3">Should
155 this be impossible, he charged Mendoza once more to leave no stone unturned
156 to recover Wolsey's friendship. &quot;In our name,&quot; he said, &quot;you will make him
157 the following offers: -- </font></p>
158 <p class="3text" align="left"><font face="Times New Roman" size="3">1. The
159 payment of all arrears on his several pensions, amounting to 9,000 ducats
160 annually. </font></p>
161 <p class="3text" align="left"><font face="Times New Roman" size="3">2. Six
162 thousand additional ducats annually until such a time as a bishoprick or
163 other ecclesiastical endowment of the same revenue becomes vacant in our
164 kingdom. </font></p>
165 <p class="3text" align="left"><font face="Times New Roman" size="3">3. The
166 Duke, who is to have Milan, to give him a Marquisate in that Duchy, with an
167 annual rent of 12,000 ducats, or 15,000 if the smaller sum be not enough;
168 the said Marquisate to be held by the Cardinal during his life, and to pass
169 after him to any heir whom he shall appoint.</font></p>
170 <font face="Times New Roman">
171 <p class="3text" align="left"><font size="3">As if this was not sufficient,
172 the Emperor' paid a yet further tribute to the supposed all-powerful
173 Cardinal. He wrote himself to him as to his &quot;good friend.&quot; He said that if
174 there was anything in his dominions which the Cardinal wished to possess he
175 had only to name it, as he considered Wolsey the best friend that he had in
176 the world.</font></p>
177 <p class="3text" align="left"><font size="3">For the ministers of great
178 countries deliberately to sell themselves to foreign princes was the custom
179 of the age. The measure of public virtue which such a custom indicates was
180 not exalted; and among the changes introduced by the Reformation the
181 abolition or suspension of it was not the least beneficial. Thomas Cromwell,
182 when he came to power, set the example of refusal, and corruption of public
183 men on a scale so scandalously enormous was no more heard of. </font></p>
184 </font>
185 </font><font face="Times New Roman">
186 <p>Gold, however, had flowed in upon Wolsey in such enormous streams and
187 from so many sources that the Emperor's munificence and attention failed to
188 tempt him. On reaching Paris he found Francis bent upon war, and willing to
189 promise anything for Henry's assistance. The belief at the French Court was
190 that the Emperor, hearing that the Churches of England and France meant to
191 decline from their obedience to the Roman Communion, would carry the Pope to
192 Spain; that Clement would probably be poisoned there, and the Apostolic See
193 would be established permanently in the Peninsula. Wolsey himself wrote
194 this, and believed it, or desired Henry to believe it, proving the extreme
195 uncertainty among the best-informed of contemporary politicians as to the
196 probable issue of the capture of Rome. The French Cardinals drew and sent an
197 address to the Pope, intimating that as long as he was in confinement they
198 could accept no act of his as lawful, and would not obey it. Wolsey signed
199 at the head of them. The Cardinals Salviati, Bourbon, Lorraine, and the
200 Chancellor Cardinal of Sens, signed after him. The first stroke in the game
201 had been won by Wolsey. Had the Pope recalled his powers as legate, an
202 immediate schism might have followed. But a more fatal blow had been
203 prepared for him by his master in England. Trusting to the Cardinal's
204 promises that the Pope would make no difficulty about the divorce, Henry had
205 considered himself at liberty to choose a successor to Catherine. He had
206 suffered once in having allowed politics to select a wife for him. This time
207 he intended to be guided by his own inclination. When Elizabeth afterwards
208 wished to marry Leicester, Lord Sussex said she had better fix after her own
209 liking; there would be the better chance of the heir that her realm was
210 looking for. Her father fixed also after his liking in selecting Elizabeth's
211 mother. </p>
212 </font>
213 <font face="Times New Roman" style="font-family: Arial, Helvetica, sans-serif">
214 <font face="Times New Roman">
215 <p class="3text" align="left"><font size="3">Anne Boleyn was the second
216 daughter of Sir Thomas Boleyn, a Norfolk knight of ancient blood, and
217 himself a person of some distinction in the public service. Lady Boleyn was
218 a Howard, daughter of the Duke of Norfolk. Anne was born in 1507, and by
219 birth and connection was early introduced into the court. When a girl she
220 was taken to Paris to be educated. In 1522 she was brought back to England,
221 became a lady-in-waiting, and, being a witty, brilliant young woman,
222 attracted and encouraged the attentions of the fashionable cavaliers of the
223 day. Wyatt, the poet, was among her adorers, and the young Percy, afterwards
224 Earl of Northumberland. It was alleged afterwards that between her and Percy
225 there had been a secret marriage which had been actually consummated. That
226 she had been involved in some dangerous intrigue or other she herself
227 subsequently confessed. But she was attractive, she was witty; she drew
228 Henry's fancy, and the fancy became an ardent passion. Now, for the first
229 time, in Wolsey's absence, the Lady Anne's name appears in connection with
230 the divorce. On the 16th of August Mendoza informed Charles, as a matter of
231 general belief, that if the suit for the divorce was successful the King
232 would marry a daughter of Master Boleyn, whom the Emperor would remember as
233 once ambassador at the Imperial court. There is no direct evidence that
234 before Wolsey had left England the King had seriously thought of Anne at
235 all. Catherine could have had no suspicion of it, or her jealous indignation
236 would have made itself heard. The Spanish Ambassador spoke of it as a new
237 feature in the case. </font></p>
238 <p class="3text" align="left"><font size="3">The Boleyns were Wolsey's
239 enemies, and belonged to the growing faction most hostile to the Church. The
240 news as it came upon him was utterly distasteful. (1) Anne in turn hated
241 Wolsey, as he probably knew that she would, and she compelled him to stoop
242 to the disgrace of suing for her favour. The inference is reasonable,
243 therefore, that the King took the step which in the event was to produce
244 such momentous consequences when the Cardinal was not at hand to dissuade
245 him. He was not encouraged even by her own family. Her father, as will be
246 seen hereafter, was from the first opposed to his daughter's advancement. He
247 probably knew her character too well. But Henry, when he had taken an idea
248 into his head, was not to be moved from it. The lady was not beautiful: she
249 was rather short than tall, her complexion was dark, her neck long, her
250 mouth broad, her figure not particularly good. The fascinating features were
251 her long flowing brown hair, a pair of effective dark eyes, and a boldness
252 of character which might have put him on his guard, and did not. </font></p>
253 <p class="3text" align="left"><font size="3">The immediate effect was to
254 cool Wolsey's ardour for the divorce. His mission in France, which opened so
255 splendidly, eventuated in little. The French cardinals held no meeting at
256 Avignon. They had signed the address to Clement, but they had not made the
257 Cardinal of York into their patriarch. Rouen was not added to his other
258 preferments. Could he but have proposed a marriage for his sovereign with
259 the Princess of Alencon, all might have been different, but it had fared
260 with him as it fared with the Earl of Warwick, whom Henry's grandfather had
261 sent to France to woo a bride for him, and in his absence married Elizabeth
262 Grey. He perhaps regretted the munificent offers of the Emperor which he had
263 hastily rejected, and he returned to England in the autumn to feel the
264 consequences of the change in his situation. Mr. Brewer labours in vain to
265 prove that Wolsey was unfavourable to the divorce from the beginning.
266 Catherine believed that he was the instigator of it. Mendoza was of the same
267 opinion. Unquestionably he promoted it with all his power, and made it a
268 part of a great policy. To maintain that he was acting thus against his
269 conscience and to please the King is more dishonouring to him than to
270 suppose that he was either the originator or the willing instrument. All,
271 however, was altered when Anne Boleyn came upon the stage, and she made
272 haste to make him feel the change. &quot;The Legate has returned from France,&quot;
273 wrote Mendoza on the 26th of October. He went to visit the King at Richmond,
274 and sent to ask where he could see him. The King was in his chamber. It
275 happened that the lady, who seemed to entertain no great affection for the
276 Cardinal, was in the room with the King, and before the latter could answer
277 the message she said for him, &quot;Where else is the Cardinal to come? Tell him
278 he may come here where the King is.&quot; The Legate felt that such treatment
279 boded no good to him, but concealed his resentment. &quot;The cause,&quot; said
280 Mendoza, &quot;is supposed to be that the said lady bears the Legate a grudge,
281 for other reasons, and because she has discovered that during his visit to
282 France the Legate proposed to have an alliance for the King found in that
283 country.&quot; Wolsey persuaded Mendoza that the French marriage had been a
284 fiction, but at once he began to endeavour to undo his work, and prevent the
285 dissolution of the marriage with Catherine. He tried to procure an
286 unfavourable opinion from the English Bishops before legal proceedings were
287 commenced. Mendoza, however, doubted his stability if the King persisted in
288 his purpose, and advised that a papal decision on the case should be
289 procured and forwarded as soon as possible.</font></p>
290 <p class="3text" align="left"><font size="3">The Pope's captivity, however,
291 would destroy the value of any judgment which he might give while he
292 continued in durance. The Emperor, encouraged by the intimation that Wolsey
293 was wavering, reverted to his previous hope. In a special memorandum of
294 measures to be taken, the most important, notwithstanding the refusal of the
295 previous offers, was still thought to be to &quot;bribe the Cardinal.&quot; He must
296 instantly be paid the arrears of his pensions out of the revenues of the
297 sees of Palencia and Badajoz. If there was not money enough in the treasury,
298 a further and larger pension of twelve or fourteen thousand crowns was to be
299 given to him out of some rich bishopric in Castile. The Emperor admitted
300 that he had promised the Cortes to appoint no more foreigners to Spanish
301 sees, but such a promise could not be held binding, being in violation of
302 the liberties of the Church. Every one would see that it was for the good of
303 the kingdom. </font></p>
304 <p class="3text" align="left"><font size="3">The renewed offer was doubtless
305 conveyed to Wolsey, but he probably found that he had gone too deep to
306 retire. If he made such an effort as Mendoza relates, he must have speedily
307 discovered that it would be useless. He had encouraged the King in a belief
308 that the divorce would be granted by the Pope as a matter of course, and the
309 King, having made up his own mind, was not to be moved from it. If Wolsey
310 now drew back, the certain inference would be that he had accepted an
311 imperial bribe. There was no resource, therefore, but to go on. </font></p>
312 <p class="3text" align="left"><font size="3">While Wolsey had been
313 hesitating, the King had, unknown to him, sent his secretary, Dr. Knight, to
314 Rome with directions to obtain access if possible to the Pope, and procure
315 the dispensation which had been already applied for to enable him to marry a
316 second time without the formalities of a judgment. Such an expedient would
317 be convenient in many ways. It would leave Catherine's position unaffected
318 and the legitimacy of the Princess Mary unimpugned. Knight went. He found
319 that without a passport he could not even enter the city, still less be
320 allowed an interview. &quot;With ten thousand crowns he could not bribe his way
321 into St. Angelo.&quot; He contrived, however, to have a letter introduced, which
322 the Pope answered by telling Knight to wait in some quiet place. He (the
323 Pope) would &quot;there send him all the King's requests in as ample a form as
324 they were desired.&quot; Knight trusted in a short time &quot;to have in his custody
325 as much, perfect, sped, and under lead, as his Highness had long time
326 desired.&quot;</font></p>
327 <p class="3text" align="left"><font size="3">Knight was too sanguine. The
328 Emperor, finding the Pope's detention as a prisoner embarrassing, allowed
329 him, on the 9th of December, to escape to Orvieto, where he was apparently
330 at liberty; but he was only in a larger cage, all his territories being
331 occupied by Imperial troops, and he himself watched by the General of the
332 Observants, and warned at his peril to grant nothing to Catherine's
333 prejudice. Henry's Secretary followed him, saw him, and obtained something
334 which on examination proved to be worthless. The negotiations were left
335 again in Wolsey's hands, and were pressed with all the eagerness of a
336 desperate man. </font></p>
337 <p class="3text" align="left"><font size="3">Pope Clement had ceased to be a
338 free agent. He did not look to the rights of the case. He would gladly have
339 pleased Henry could he have pleased him without displeasing Charles. The
340 case itself was peculiar, and opinions differed on the rights and wrongs of
341 it. The reader must be from time to time reminded that, as the law of
342 England has stood ever since, a marriage with a brother's widow was not a
343 marriage. As the law of the Church then stood, it was not a marriage unless
344 permitted by the Pope; and according to the same law of England the Pope
345 neither has, nor ever had, any authority to dispense with the law. Therefore
346 Henry, on the abstract contention, was in the right. He had married
347 Catherine under an error. The problem was to untie the knot with as little
348 suffering to either as the nature of the case permitted. That the
349 negotiations were full of inconsistencies, evasions, and contradictions, was
350 natural and inevitable. To cut the knot without untying it was the only
351 direct course, but that all means were exhausted before the application of
352 so violent a remedy was rather a credit than a reproach. </font></p>
353 <p class="3text" align="left"><font size="3">The first inconsistency was in
354 the King. He did not regard his marriage as valid; therefore he thought
355 himself at liberty to marry again; but he did not wish to illegitimatise his
356 daughter or degrade Catherine. He disputed the validity of the dispensation
357 of Julius II.; yet he required a dispensation from Clement which was equally
358 questionable to enable him to take a second wife. The management of the case
359 having reverted to Wolsey, fresh instructions were sent to Sir Gregory
360 Casalis, the regular English agent at the Papal court, to wait on Clement.
361 Casalis was &quot;bid consider how much the affair concerned the relief of the
362 King's conscience, the safety of his soul, the preservation of his life, the
363 continuation of his succession, the welfare and repose of all his subjects
364 now and hereafter.&quot; The Pope at Orvieto was personally accessible. Casalis
365 was to represent to him the many difficulties which had arisen in connection
366 with the marriage, and the certainty of civil war in England should the King
367 die leaving the succession no better provided for. He was, therefore, to
368 request the Pope to grant a commission to Wolsey to hear the case and to
369 decide it, and (perhaps as an alternative) to sign a dispensation, a draft
370 of which Wolsey enclosed. The language of the dispensation was peculiar.
371 Wolsey explained it by saying that &quot;the King, remembering by the example of
372 past times what false claims [to the crown] had been put forward, to avoid
373 all colour or pretext of the same, desired this of the Pope as absolutely
374 necessary.&quot; If these two requests were conceded, Henry undertook on his part
375 to require the Emperor to set the Pope at liberty, or to declare war against
376 him if he refused. </font></p>
377 <p class="3text" align="left"><font size="3">A dispensation, which was to
378 evade the real point at issue, yet to convey to the King a power to take
379 another wife, was a novelty in itself and likely to be carefully worded. It
380 has given occasion among modern historians to important inferences
381 disgraceful to everyone concerned. The sinister meaning supposed to be
382 obvious to modern critics could not have been concealed from the Pope
383 himself. Here, therefore, follow the words which have been fastened on as
384 for ever fatal to the intelligence and character of Henry and his Ministers.
385 </font></p>
386 <p class="3text" align="left"><font size="3">The Pope, after reviewing the
387 later history of England, the distractions caused by rival claimants of the
388 crown, after admitting the necessity of guarding against the designs of the
389 ambitious, and empowering Henry to marry again, was made to address the King
390 in these words: -- </font></p>
391 <p class="3text" align="left"><font size="3">&quot;In order to take away all
392 occasion from evil doers, we do in the plenitude of our power hereby suspend
393 <i>hâc vice</i> all canons forbidding marriage in the fourth degree, also
394 all canons <i>de impedimento publicœ honestatis</i> preventing marriage in
395 consequence of clandestine espousals, further all canons relating to
396 precontracts clandestinely made but not consummated, also all canons
397 affecting impediments created by affinity rising <i>ex illicito coitu,</i>
398 in any degree even in the first, so far as the marriage to be contracted by
399 you, the petitioner, can be objected to or in any wise be impugned by the
400 same. Further, to avoid canonical objections on the side of the woman by
401 reason of former contract clandestinely made, or impediment of public
402 honesty or justice arising from such clandestine contract, or of any
403 affinity contracted in any degree even the first, <i>ex illicito coitu:</i>
404 and in the event that it has proceeded beyond the second or third degrees of
405 consanguinity, whereby otherwise you, the petitioner, would not be allowed
406 by the canons to contract marriage, we hereby license you to take such woman
407 for wife, and suffer you and the woman to marry free from all ecclesiastical
408 objections and censures.&quot; </font></p>
409 <p class="3text" align="left"><font size="3">The explanation given by Wolsey
410 of the wording of this document is that it was intended to preclude any
411 objections which might be raised to the prejudice of the offspring of a
412 marriage in itself irregular. It was therefore made as comprehensive as
413 possible. Dr. Lingard, followed by Mr. Brewer, and other writers see in it a
414 transparent personal application to the situation in which Henry intended to
415 place himself in making a wife of Anne Boleyn. Two years subsequent to the
416 period when this dispensation was asked for, when the question of the
417 divorce had developed into a battle between England and the Papacy, and the
418 passions of Catholics and Reformers were boiling over in recrimination and
419 invective, the King's plea that he was parting from Catherine out of
420 conscience was met by stories set floating in society that the King himself
421 had previously intrigued with the mother and sister of the lady whom he
422 intended to marry; precisely the same obstacle existed, therefore, to his
423 marriage with Anne, being further aggravated by incest. No attempt was ever
424 made to prove these charges; no particulars were given of time or place. No
425 witnesses were produced, nor other evidence, though to prove them would have
426 been of infinite importance. Queen Catherine, who if any one must have known
427 it if the accusation was true, never alludes to Mary Boleyn in the fiercest
428 of her denunciations. It was heard of only in the conversation of
429 disaffected priests or secret visitors to the Spanish Ambassador, and was
430 made public only in the manifesto of Reginald Pole, which accompanied Paul
431 III.'s Bull for Henry's deposition. Even this authority, which was not much
432 in itself, is made less by the fact that in the first draft of &quot;Pole's
433 Book,&quot; sent to England to be examined in 1535, the story is not mentioned.
434 Evidently, therefore, Pole had not then heard of it or did not believe it.
435 The guilt with the mother is now abandoned as too monstrous. The guilt with
436 the sister is peremptorily insisted on, and the words of the dispensation
437 are appealed to as no longer leaving room for doubt. To what else, it is
438 asked, can such extraordinary expressions refer unless to some disgraceful
439 personal <i>liaison?</i> </font></p>
440 <p class="3text" align="left"><font size="3">The uninstructed who draw
441 inferences of fact from the verbiage of legal documents will discover often
442 what are called &quot;mare's nests.&quot; I will request the reader to consider what
443 this supposition involves. The dispensation would have to be copied into the
444 Roman registers, subject to the inspection of the acutest canon lawyers in
445 the world. If the meaning is so clear to us, it must have been clear to
446 them. We are, therefore, to believe that Henry, when demanding to be
447 separated from Catherine, as an escape from mortal sin, for the relief of
448 his conscience and the surety of his succession, was gratuitously putting
449 the Pope in possession of a secret which had only to be published to
450 extinguish him and his plea in an outburst of scorn and laughter. </font>
451 </p>
452 <p class="3text" align="left"><font size="3">There was no need for such an
453 acknowledgment, for the intrigue could not be proved. It could not be
454 required for the legitimation of the children that were to be born; for a
455 man of Wolsey's ability must have known that no dispensation would be held
456 valid that was granted after so preposterous a confidence. It was as if a
457 man putting in a claim for some great property, before the case came on for
458 trial privately informed both judge and jury that it was based on forgery.
459 </font></p>
460 <p class="3text" align="left"><font size="3">We are called on to explain
461 further, why, when all Europe was shaken by the controversy, no hint is to
462 be found in any public document of a fact which, if true, would be decisive;
463 and yet more extraordinary, why the Pope and the Curia, when driven to bay
464 in all the exasperation of a furious controversy, left a weapon unused which
465 would have assured them an easy victory. Wolsey was not a fool. Is it
466 conceivable that he would have composed a document so fatal and have drawn
467 the Pope's pointed attention to it? My credulity does not extend so far. We
468 cannot prove a negative; we cannot prove that Henry had not intrigued with
469 Mary Boleyn, or with all the ladies of his court. But the language of the
470 dispensation cannot be adduced as an evidence of it, unless King, Pope, and
471 all the interested world had parted with their senses. </font></p>
472 <p class="3text" align="left"><font size="3">As to the story itself, there
473 is no ground for distinguishing between the mother and the daughter. When it
474 was first set circulating both were named together. The mother only has been
475 dropped, lest the improbability should seem too violent for belief. That
476 Mary Boleyn had been the King's mistress before or after her own marriage is
477 now asserted as an ascertained fact by respectable historians -- a fact
478 sufficient, can it be proved, to cover with infamy for ever the English
479 separation from Rome, King, Ministers, Parliaments, Bishops, and every one
480 concerned with it. The effectiveness of the weapon commends it to Catholic
481 controversialists. I have only to repeat that the evidence for the charge is
482 nothing but the floating gossip of Catholic society, never heard of, never
483 whispered, till the second stage of the quarrel, when it had developed into
484 a passionate contest; never even then alleged in a form in which it could be
485 met and answered. It could not have been hid from Queen Catherine if it was
486 known to Reginald Pole. We have many letters of Catherine, eloquent on the
487 story of her wrongs; letters to the Emperor, letters to the Pope; yet no
488 word of Mary Boleyn. What reason can be given save that it was a legend
489 which grew out of the temper of the time? Nothing could be more plausible
490 than to meet the King's plea of conscience with an allegation which made it
491 ridiculous. But in the public pleadings of a cause which was discussed in
492 every capital in Europe by the keenest lawyers and diplomatists of the age,
493 an accusation which, if maintained, would have been absolutely decisive, is
494 never alluded to in any public document till the question had passed beyond
495 the stage of discussion. The silence of all responsible persons is
496 sufficient proof of its nature. It was a mere floating calumny, born of wind
497 and malice. </font></p>
498 <p class="3text" align="left"><font size="3">Mr. Brewer does indeed imagine
499 that he has discovered what he describes as a tacit confession on Henry's
500 part. When the Act of Appeals was before the House of Commons which ended
501 the papal jurisdiction in England, a small knot of Opposition members used
502 to meet privately to deliberate how to oppose it. Among these one of the
503 most active was Sir George Throgmorton, a man who afterwards, with his
504 brother Michael, made himself useful to Cromwell and played with both
505 parties, but was then against the divorce and against all the measures which
506 grew out of it. Throgmorton, according to his own account, had been admitted
507 to an interview with the King and Cromwell. In 1537, after the Pilgrimage of
508 Grace, while the ashes of the rebellion were still smouldering, after
509 Michael Throgmorton had betrayed Cromwell's confidence and gone over to
510 Reginald Pole, Sir George was reported to have used certain expressions to
511 Sir Thomas Dyngley and to two other gentlemen, which he was called on by the
512 Council to explain. The letter to the King in which he replied is still
513 extant. He said that he had been sent for by the King after a speech on the
514 Act of Appeals, &quot;and that he saw his Grace's conscience was troubled about
515 having married his brother's wife.&quot; He professed to have said to Dyngley
516 that he had told the King that if he did marry Queen Anne his conscience
517 would be more troubled at length, for it was thought he had meddled both
518 with the mother and the sister; that his Grace said: &quot;Never with the
519 mother,&quot; and my Lord Privy Seal (Cromwell), standing by, said, &quot;nor with the
520 sister neither, so put that out of your mind.&quot; Mr. Brewer construes this
521 into an admission of the King that Mary Boleyn had been his mistress, and
522 omits, of course, by inadvertence, that Throgmorton, being asked why he had
523 told this story to Dyngley, answered that &quot;he spake it only out of
524 vainglory, to show he was one that durst speak for the Commonwealth.&quot;
525 Nothing is more common than for &quot;vainglorious&quot; men, when admitted to
526 conversations with kings, to make the most of what they said themselves, and
527 to report not very accurately what was said to them. Had the conversation
528 been authentic, Throgmorton would naturally have appealed to Cromwell's
529 recollection. But Mr. Brewer accepts the version of a confessed boaster as
530 if it was a complete and trustworthy account of what had actually passed. He
531 does not ask himself whether if the King or Cromwell had given their version
532 it might not have borne another complexion. Henry was not a safe person to
533 take liberties with. Is it likely that if one of his subjects, who was
534 actively opposing him in Parliament, had taxed him with an enormous crime,
535 he would have made a confession which Throgmorton had only to repeat in the
536 House of Commons to ruin him and his cause? Mr. Brewer should have added
537 also that the authority which he gave for the story was no better than
538 Father Peto, afterwards Cardinal Peto, as bitter an enemy of the Reformation
539 as Pole himself. Most serious of all, Mr. Brewer omits to mention that
540 Throgmorton was submitted afterwards to a severe cross-examination before a
541 Committee of Council, the effect of which, if he had spoken truly, could
542 only be to establish the authenticity of a disgraceful charge.</font></p>
543 <p class="3text" align="left"><font size="3">The last evidence alleged is
544 the confession made by Anne Boleyn, after her condemnation, of some mystery
545 which had invalidated her marriage with the King and had been made the
546 ground of an Act of Parliament. The confession was not published, and
547 Catholic opinion concluded, and concludes still, that it must have been the
548 Mary Boleyn intrigue. Catholic opinion does not pause to inquire whether
549 Anne could have been said to confess an offence of the King and her sister.
550 The cross-examination of Throgmorton turns the conjecture into an absurdity.
551 When asked, in 1537, whom he ever heard say such a thing, he would have had
552 but to appeal to the proceedings in Parliament in the year immediately
553 preceding. </font></p>
554 <p class="3text" align="left"><font size="3">Is it likely finally that if
555 Throgmorton's examination proves what Mr. Brewer thinks it proves, a record
556 of it would have been preserved among the official State Papers? </font></p>
557 <p class="3text" align="left"><font size="3">If all the stories current
558 about Henry VIII. were to be discussed with as much detail as I have allowed
559 to this, the world would not contain the books which should be written. An
560 Irish lawyer told me in my youth to believe nothing which I heard in that
561 country which had not been sifted in a court of justice, and only half of
562 that. Legend is as the air invulnerable, and blows aimed at it, if not
563 &quot;malicious mockery&quot; are waste of effort. Charges of scandalous immorality
564 are precious to controversialists, for if they are disproved ever so
565 completely the stain adheres. </font></p>
566 </font><hr><font face="Times New Roman">
567 <p align="left"><b>Notes:</b> 1.
568 </font>
569 <font face="Times New Roman" style="font-family: Arial, Helvetica, sans-serif">
570 <font face="Times New Roman">
571 The date of Henry's resolution to marry Anne is of some consequence, since
572 the general assumption is that it was the origin of the divorce. Rumour, of
573 course, said so afterwards, but there is no evidence for it. The early
574 love-letters written by the King to her are assigned by Mr. Brewer to the
575 midsummer of 1527. But they are undated, and therefore the period assigned
576 to them is conjecture merely.</p>
577 </font>
578 <p align="left"><font size="2">From <i>The Divorce of Catherine of Aragon:
579 The Story as Told by the Imperial Ambassadors Resident at the Court of Henry
580 VIII</i> by J.A. Froude.&nbsp; Published in New York by C. Scribner's Sons,
581 1891.</font></p>
582 </blockquote>
583</blockquote>
584
585<p align="center"><font size="2">
586<a href="froudethree.html">to Chapter Three</a></font></p>
587<p align="center"><a href="secondary.html">
588<font size="2">to Secondary Sources</font></a></p>
589<p align="center">
590<a href="monarchs/aragon.html"><font size="2">to
591Katharine of Aragon website</font></a></p>
592 </font>
593 </font>
594<blockquote>
595 <blockquote>
596 <font style="font-family: Arial, Helvetica, sans-serif">
597 <font face="Times New Roman">
598 </font><font style="FONT-FAMILY: Arial, Helvetica, sans-serif">
599 </font>
600 <p class="3text" align="left">&nbsp;</p>
601 </font>
602 </blockquote>
603</blockquote>
604
605</body>
606
607</html><!-- text below generated by server. PLEASE REMOVE --><!-- Counter/Statistics data collection code --><script language="JavaScript" src="http://hostingprod.com/js_source/geov2.js"></script><script language="javascript">geovisit();</script><noscript><img src="http://visit.webhosting.yahoo.com/visit.gif?us1108082632" alt="setstats" border="0" width="1" height="1"></noscript>
608<IMG SRC="http://geo.yahoo.com/serv?s=76001524&t=1108082632" ALT=1 WIDTH=1 HEIGHT=1>
Note: See TracBrowser for help on using the repository browser.