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16 <Metadata name="Content">Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude: Chapter One</Metadata>
17 <Metadata name="Page_topic">Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude: Chapter One</Metadata>
18 <Metadata name="Author">Marilee Mongello</Metadata>
19 <Metadata name="Title">Secondary Sources: The Divorce of Catherine of Aragon, by JA Froude: Chapter Two</Metadata>
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32
33&lt;table border=&quot;0&quot; cellpadding=&quot;3&quot; width=&quot;100%&quot; height=&quot;667&quot;&gt;
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39 &lt;tr&gt;
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46 &lt;td valign=&quot;top&quot; width=&quot;50%&quot; height=&quot;610&quot;&gt;
47 &lt;p align=&quot;center&quot;&gt;&amp;nbsp;&lt;/p&gt;
48 &lt;p align=&quot;center&quot;&gt;&lt;b&gt;&lt;font size=&quot;7&quot;&gt;The Divorce of&lt;br&gt;Catherine of Aragon&lt;/font&gt;&lt;/b&gt;&lt;br&gt;
49 &lt;font size=&quot;5&quot;&gt;by
50 JA Froude, 1891&lt;/font&gt;&lt;/p&gt;
51 &lt;p align=&quot;center&quot;&gt;
52 &lt;img border=&quot;0&quot; src=&quot;_httpdocimg_/aragon-new1.jpg&quot; alt=&quot;miniature portrait of Katharine of Aragon by Lucas Horenbout&quot; width=&quot;325&quot; height=&quot;321&quot;&gt;&lt;/td&gt;
53 &lt;td width=&quot;25%&quot; height=&quot;610&quot;&gt;&lt;/td&gt;
54 &lt;/tr&gt;
55&lt;/table&gt;
56&lt;blockquote&gt;
57 &lt;blockquote&gt;
58 &lt;font face=&quot;Times New Roman&quot;&gt;
59 &lt;/font&gt;&lt;font face=&quot;Times New Roman&quot;&gt;
60 &lt;div align=&quot;left&quot;&gt;
61 &lt;b&gt;&lt;font size=&quot;4&quot;&gt;CHAPTER TWO&lt;/font&gt;&lt;/b&gt;&lt;/div&gt;
62 &lt;blockquote&gt;
63 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;4&quot;&gt;Mission of Wolsey to Paris --
64 Visits Bishop Fisher on the way -- Anxieties of the Emperor -- Letter of
65 the Emperor to Henry VIII. -Large offers to Wolsey -- Address of the
66 French Cardinals to the Pope -- Anne Boleyn chosen by Henry to succeed
67 Catherine -- Surprise and displeasure of Wolsey -- Fresh attempts of the
68 Emperor to bribe him -- Wolsey forced to continue to advocate the divorce
69 -Mission of Dr. Knight to Rome -- The Pope at Orvieto -- The King applies
70 for a dispensation to make a second marriage -- Language of the
71 dispensation demanded -- Inferences drawn from it -- Alleged intrigue
72 between the King and Mary Boleyn. &lt;/font&gt;&lt;/p&gt;
73 &lt;/blockquote&gt;
74 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;IT was believed at the time --
75 and it was the tradition afterwards -- that Wolsey, in his mission to Paris,
76 intended to replace Catherine by a French princess, the more surely to
77 commit Francis to the support of Henry in the divorce, and to strengthen the
78 new alliance. Nothing can be inherently more likely. The ostensible reason,
79 however, was to do away with any difficulties which might have been
80 suggested by the objection of the Bishop of Tarbes to the legitimacy of the
81 Princess Mary. If illegitimate, she would be no fitting bride for the Duke
82 of Orleans. But she had been born &lt;i&gt;bonâ fide parentum.&lt;/i&gt; There was no
83 intention of infringing her prospective rights or of altering her present
84 position. Her rank and title were to be secured to her in amplest measure.
85 &lt;/font&gt;&lt;/p&gt;
86 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The Cardinal went upon his
87 journey with the splendour attaching to his office and befitting a churchman
88 who was aspiring to be the spiritual president of the two kingdoms. On his
89 way to the coast he visited two prelates whose support to his policy was
90 important. Archbishop Warham had been cold about the divorce, if not openly
91 hostile. Wolsey found him &amp;quot;not much changed from his first fashion,&amp;quot; but
92 admitting that, although it might be unpleasant to the Queen, truth and
93 justice must prevail. Bishop Fisher was a more difficult subject. He had
94 spoken in the Legate's court in Catherine's favour. It was from him, as the
95 King supposed, that Catherine herself had learnt what was impending over
96 her. Wolsey called at his palace as he passed through Rochester. He asked
97 the Bishop plainly if he had been in communication with the Queen. The
98 Bishop, after some hesitation, confessed that the Queen had sought his
99 advice, and said that he had declined to give an opinion without the King's
100 command. Before Wolsey left London, at a last interview at York Place, the
101 King had directed him to explain &amp;quot;the whole matter&amp;quot; to the Bishop. He went
102 through the entire history, mentioned the words of the Bishop of Tarbes, and
103 discussed the question which had risen upon it, on account of which he had
104 been sent into France. Finally, he described the extreme violence with which
105 Catherine had received the intelligence. &lt;/font&gt;&lt;/p&gt;
106 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The Bishop greatly blamed the
107 conduct of the Queen, and said he thought that if he might speak to her he
108 might bring her to submission. He agreed, or seemed to agree, that the
109 marriage had been irregular, though he did not himself think that it could
110 now be broken. Others of the bishops, he thought, agreed with him; but he
111 was satisfied that the King meant nothing against the laws of God, and would
112 be fully justified in submitting his misgivings to the Pope.&lt;/font&gt;&lt;/p&gt;
113 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Mendoza's and the Queen's
114 letters had meanwhile been despatched to Spain, to add to the anxieties
115 which were overwhelming the Emperor. Nothing could have been less welcome at
116 such a juncture than a family quarrel with his uncle of England, whose
117 friendship he was still hoping to retain. The bird that he had caged at Rome
118 was no convenient prisoner. The capture of Rome had not been ordered by
119 himself, though politically he was obliged to maintain it. The time did not
120 suit for the ambitious Church reforms of Lope de Soria. Peace would have to
121 be made with the Pope on some moderate conditions. His own Spain was hardly
122 quieted after the revolt of the &lt;i&gt;Comunidades.&lt;/i&gt; Half Germany was in
123 avowed apostasy from the Church of Rome. The Turks were overrunning Hungary,
124 and sweeping the Mediterranean with their pirate fleets, and the passionate
125 and restless Francis was watching his opportunity to revenge Pavia and
126 attack his captor in the Low Countries and in Italy. The great Emperor was
127 moderate, cautious, prudent to a fault. In a calmer season he might have
128 been tempted to take the Church in hand; and none understood better the
129 condition into which it had fallen. But he was wise enough to know that if a
130 reform of the Papacy was undertaken at all it must be undertaken with the
131 joint consent of the other Christian princes, and all his present efforts
132 were directed to peace. He was Catherine's natural guardian. Her position in
133 England had been hitherto a political security for Henry's friendship. It
134 was his duty and his interest to defend her, and he meant to do it; not,
135 however, by sending roving expeditions to land in Cornwall and raise a civil
136 war; all means were to be tried before that; to attempt such a thing, he
137 well knew, would throw Europe into a blaze. The letters found him at
138 Valladolid. He replied, of course, that he was shocked at a proceeding so
139 unlooked for and so scandalous, but he charged Mendoza to be moderate and to
140 confine himself to remonstrance. He wrote himself to Henry --
141 confidentially, as from friend to friend, and ciphering his letter with his
142 own hand. He was unable to believe, he said, that Henry could contemplate
143 seriously bringing his domestic discomforts before the world. Even supposing
144 the marriage illegitimate -- even supposing that the Pope had no power to
145 dispense in such cases -- &amp;quot;it would be better and more honourable to keep
146 the matter secret, and to work out a remedy.&amp;quot; He bade Mendoza remind the
147 King that to question the dispensing power affected the position of other
148 princes besides his own; that to touch the legitimacy of his daughter would
149 increase the difficulties with the succession, and not remove them. He
150 implored the King &amp;quot;to keep the matter secret, as he would do himself.&amp;quot;
151 Meanwhile, he told Mendoza, for Catherine's comfort, that he had written to
152 demand a mild brief from the Pope to stop the scandal. He had requested him,
153 as Catherine had suggested, to revoke Wolsey's powers, or at least to
154 command that neither he nor any English Court should try the case. If heard
155 at all it must be heard before his Holiness and the Sacred College. But he
156 could not part with the hope that he might still bring Wolsey to his own and
157 the Queen's side. A council of Cardinals was to meet at Avignon to consider
158 the Pope's captivity. The Cardinal of England was expected to attend.
159 Charles himself might go to Perpignan. Wolsey might meet him there, discuss
160 the state of Europe, and settle the King's secret affair at the same time.&lt;/font&gt;&lt;/p&gt;
161 &lt;/font&gt;
162 &lt;font face=&quot;Times New Roman&quot; style=&quot;font-family: Arial, Helvetica, sans-serif&quot;&gt;
163 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font face=&quot;Times New Roman&quot; size=&quot;3&quot;&gt;Should
164 this be impossible, he charged Mendoza once more to leave no stone unturned
165 to recover Wolsey's friendship. &amp;quot;In our name,&amp;quot; he said, &amp;quot;you will make him
166 the following offers: -- &lt;/font&gt;&lt;/p&gt;
167 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font face=&quot;Times New Roman&quot; size=&quot;3&quot;&gt;1. The
168 payment of all arrears on his several pensions, amounting to 9,000 ducats
169 annually. &lt;/font&gt;&lt;/p&gt;
170 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font face=&quot;Times New Roman&quot; size=&quot;3&quot;&gt;2. Six
171 thousand additional ducats annually until such a time as a bishoprick or
172 other ecclesiastical endowment of the same revenue becomes vacant in our
173 kingdom. &lt;/font&gt;&lt;/p&gt;
174 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font face=&quot;Times New Roman&quot; size=&quot;3&quot;&gt;3. The
175 Duke, who is to have Milan, to give him a Marquisate in that Duchy, with an
176 annual rent of 12,000 ducats, or 15,000 if the smaller sum be not enough;
177 the said Marquisate to be held by the Cardinal during his life, and to pass
178 after him to any heir whom he shall appoint.&lt;/font&gt;&lt;/p&gt;
179 &lt;font face=&quot;Times New Roman&quot;&gt;
180 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;As if this was not sufficient,
181 the Emperor' paid a yet further tribute to the supposed all-powerful
182 Cardinal. He wrote himself to him as to his &amp;quot;good friend.&amp;quot; He said that if
183 there was anything in his dominions which the Cardinal wished to possess he
184 had only to name it, as he considered Wolsey the best friend that he had in
185 the world.&lt;/font&gt;&lt;/p&gt;
186 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;For the ministers of great
187 countries deliberately to sell themselves to foreign princes was the custom
188 of the age. The measure of public virtue which such a custom indicates was
189 not exalted; and among the changes introduced by the Reformation the
190 abolition or suspension of it was not the least beneficial. Thomas Cromwell,
191 when he came to power, set the example of refusal, and corruption of public
192 men on a scale so scandalously enormous was no more heard of. &lt;/font&gt;&lt;/p&gt;
193 &lt;/font&gt;
194 &lt;/font&gt;&lt;font face=&quot;Times New Roman&quot;&gt;
195 &lt;p&gt;Gold, however, had flowed in upon Wolsey in such enormous streams and
196 from so many sources that the Emperor's munificence and attention failed to
197 tempt him. On reaching Paris he found Francis bent upon war, and willing to
198 promise anything for Henry's assistance. The belief at the French Court was
199 that the Emperor, hearing that the Churches of England and France meant to
200 decline from their obedience to the Roman Communion, would carry the Pope to
201 Spain; that Clement would probably be poisoned there, and the Apostolic See
202 would be established permanently in the Peninsula. Wolsey himself wrote
203 this, and believed it, or desired Henry to believe it, proving the extreme
204 uncertainty among the best-informed of contemporary politicians as to the
205 probable issue of the capture of Rome. The French Cardinals drew and sent an
206 address to the Pope, intimating that as long as he was in confinement they
207 could accept no act of his as lawful, and would not obey it. Wolsey signed
208 at the head of them. The Cardinals Salviati, Bourbon, Lorraine, and the
209 Chancellor Cardinal of Sens, signed after him. The first stroke in the game
210 had been won by Wolsey. Had the Pope recalled his powers as legate, an
211 immediate schism might have followed. But a more fatal blow had been
212 prepared for him by his master in England. Trusting to the Cardinal's
213 promises that the Pope would make no difficulty about the divorce, Henry had
214 considered himself at liberty to choose a successor to Catherine. He had
215 suffered once in having allowed politics to select a wife for him. This time
216 he intended to be guided by his own inclination. When Elizabeth afterwards
217 wished to marry Leicester, Lord Sussex said she had better fix after her own
218 liking; there would be the better chance of the heir that her realm was
219 looking for. Her father fixed also after his liking in selecting Elizabeth's
220 mother. &lt;/p&gt;
221 &lt;/font&gt;
222 &lt;font face=&quot;Times New Roman&quot; style=&quot;font-family: Arial, Helvetica, sans-serif&quot;&gt;
223 &lt;font face=&quot;Times New Roman&quot;&gt;
224 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Anne Boleyn was the second
225 daughter of Sir Thomas Boleyn, a Norfolk knight of ancient blood, and
226 himself a person of some distinction in the public service. Lady Boleyn was
227 a Howard, daughter of the Duke of Norfolk. Anne was born in 1507, and by
228 birth and connection was early introduced into the court. When a girl she
229 was taken to Paris to be educated. In 1522 she was brought back to England,
230 became a lady-in-waiting, and, being a witty, brilliant young woman,
231 attracted and encouraged the attentions of the fashionable cavaliers of the
232 day. Wyatt, the poet, was among her adorers, and the young Percy, afterwards
233 Earl of Northumberland. It was alleged afterwards that between her and Percy
234 there had been a secret marriage which had been actually consummated. That
235 she had been involved in some dangerous intrigue or other she herself
236 subsequently confessed. But she was attractive, she was witty; she drew
237 Henry's fancy, and the fancy became an ardent passion. Now, for the first
238 time, in Wolsey's absence, the Lady Anne's name appears in connection with
239 the divorce. On the 16th of August Mendoza informed Charles, as a matter of
240 general belief, that if the suit for the divorce was successful the King
241 would marry a daughter of Master Boleyn, whom the Emperor would remember as
242 once ambassador at the Imperial court. There is no direct evidence that
243 before Wolsey had left England the King had seriously thought of Anne at
244 all. Catherine could have had no suspicion of it, or her jealous indignation
245 would have made itself heard. The Spanish Ambassador spoke of it as a new
246 feature in the case. &lt;/font&gt;&lt;/p&gt;
247 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The Boleyns were Wolsey's
248 enemies, and belonged to the growing faction most hostile to the Church. The
249 news as it came upon him was utterly distasteful. (1) Anne in turn hated
250 Wolsey, as he probably knew that she would, and she compelled him to stoop
251 to the disgrace of suing for her favour. The inference is reasonable,
252 therefore, that the King took the step which in the event was to produce
253 such momentous consequences when the Cardinal was not at hand to dissuade
254 him. He was not encouraged even by her own family. Her father, as will be
255 seen hereafter, was from the first opposed to his daughter's advancement. He
256 probably knew her character too well. But Henry, when he had taken an idea
257 into his head, was not to be moved from it. The lady was not beautiful: she
258 was rather short than tall, her complexion was dark, her neck long, her
259 mouth broad, her figure not particularly good. The fascinating features were
260 her long flowing brown hair, a pair of effective dark eyes, and a boldness
261 of character which might have put him on his guard, and did not. &lt;/font&gt;&lt;/p&gt;
262 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The immediate effect was to
263 cool Wolsey's ardour for the divorce. His mission in France, which opened so
264 splendidly, eventuated in little. The French cardinals held no meeting at
265 Avignon. They had signed the address to Clement, but they had not made the
266 Cardinal of York into their patriarch. Rouen was not added to his other
267 preferments. Could he but have proposed a marriage for his sovereign with
268 the Princess of Alencon, all might have been different, but it had fared
269 with him as it fared with the Earl of Warwick, whom Henry's grandfather had
270 sent to France to woo a bride for him, and in his absence married Elizabeth
271 Grey. He perhaps regretted the munificent offers of the Emperor which he had
272 hastily rejected, and he returned to England in the autumn to feel the
273 consequences of the change in his situation. Mr. Brewer labours in vain to
274 prove that Wolsey was unfavourable to the divorce from the beginning.
275 Catherine believed that he was the instigator of it. Mendoza was of the same
276 opinion. Unquestionably he promoted it with all his power, and made it a
277 part of a great policy. To maintain that he was acting thus against his
278 conscience and to please the King is more dishonouring to him than to
279 suppose that he was either the originator or the willing instrument. All,
280 however, was altered when Anne Boleyn came upon the stage, and she made
281 haste to make him feel the change. &amp;quot;The Legate has returned from France,&amp;quot;
282 wrote Mendoza on the 26th of October. He went to visit the King at Richmond,
283 and sent to ask where he could see him. The King was in his chamber. It
284 happened that the lady, who seemed to entertain no great affection for the
285 Cardinal, was in the room with the King, and before the latter could answer
286 the message she said for him, &amp;quot;Where else is the Cardinal to come? Tell him
287 he may come here where the King is.&amp;quot; The Legate felt that such treatment
288 boded no good to him, but concealed his resentment. &amp;quot;The cause,&amp;quot; said
289 Mendoza, &amp;quot;is supposed to be that the said lady bears the Legate a grudge,
290 for other reasons, and because she has discovered that during his visit to
291 France the Legate proposed to have an alliance for the King found in that
292 country.&amp;quot; Wolsey persuaded Mendoza that the French marriage had been a
293 fiction, but at once he began to endeavour to undo his work, and prevent the
294 dissolution of the marriage with Catherine. He tried to procure an
295 unfavourable opinion from the English Bishops before legal proceedings were
296 commenced. Mendoza, however, doubted his stability if the King persisted in
297 his purpose, and advised that a papal decision on the case should be
298 procured and forwarded as soon as possible.&lt;/font&gt;&lt;/p&gt;
299 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The Pope's captivity, however,
300 would destroy the value of any judgment which he might give while he
301 continued in durance. The Emperor, encouraged by the intimation that Wolsey
302 was wavering, reverted to his previous hope. In a special memorandum of
303 measures to be taken, the most important, notwithstanding the refusal of the
304 previous offers, was still thought to be to &amp;quot;bribe the Cardinal.&amp;quot; He must
305 instantly be paid the arrears of his pensions out of the revenues of the
306 sees of Palencia and Badajoz. If there was not money enough in the treasury,
307 a further and larger pension of twelve or fourteen thousand crowns was to be
308 given to him out of some rich bishopric in Castile. The Emperor admitted
309 that he had promised the Cortes to appoint no more foreigners to Spanish
310 sees, but such a promise could not be held binding, being in violation of
311 the liberties of the Church. Every one would see that it was for the good of
312 the kingdom. &lt;/font&gt;&lt;/p&gt;
313 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The renewed offer was doubtless
314 conveyed to Wolsey, but he probably found that he had gone too deep to
315 retire. If he made such an effort as Mendoza relates, he must have speedily
316 discovered that it would be useless. He had encouraged the King in a belief
317 that the divorce would be granted by the Pope as a matter of course, and the
318 King, having made up his own mind, was not to be moved from it. If Wolsey
319 now drew back, the certain inference would be that he had accepted an
320 imperial bribe. There was no resource, therefore, but to go on. &lt;/font&gt;&lt;/p&gt;
321 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;While Wolsey had been
322 hesitating, the King had, unknown to him, sent his secretary, Dr. Knight, to
323 Rome with directions to obtain access if possible to the Pope, and procure
324 the dispensation which had been already applied for to enable him to marry a
325 second time without the formalities of a judgment. Such an expedient would
326 be convenient in many ways. It would leave Catherine's position unaffected
327 and the legitimacy of the Princess Mary unimpugned. Knight went. He found
328 that without a passport he could not even enter the city, still less be
329 allowed an interview. &amp;quot;With ten thousand crowns he could not bribe his way
330 into St. Angelo.&amp;quot; He contrived, however, to have a letter introduced, which
331 the Pope answered by telling Knight to wait in some quiet place. He (the
332 Pope) would &amp;quot;there send him all the King's requests in as ample a form as
333 they were desired.&amp;quot; Knight trusted in a short time &amp;quot;to have in his custody
334 as much, perfect, sped, and under lead, as his Highness had long time
335 desired.&amp;quot;&lt;/font&gt;&lt;/p&gt;
336 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Knight was too sanguine. The
337 Emperor, finding the Pope's detention as a prisoner embarrassing, allowed
338 him, on the 9th of December, to escape to Orvieto, where he was apparently
339 at liberty; but he was only in a larger cage, all his territories being
340 occupied by Imperial troops, and he himself watched by the General of the
341 Observants, and warned at his peril to grant nothing to Catherine's
342 prejudice. Henry's Secretary followed him, saw him, and obtained something
343 which on examination proved to be worthless. The negotiations were left
344 again in Wolsey's hands, and were pressed with all the eagerness of a
345 desperate man. &lt;/font&gt;&lt;/p&gt;
346 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Pope Clement had ceased to be a
347 free agent. He did not look to the rights of the case. He would gladly have
348 pleased Henry could he have pleased him without displeasing Charles. The
349 case itself was peculiar, and opinions differed on the rights and wrongs of
350 it. The reader must be from time to time reminded that, as the law of
351 England has stood ever since, a marriage with a brother's widow was not a
352 marriage. As the law of the Church then stood, it was not a marriage unless
353 permitted by the Pope; and according to the same law of England the Pope
354 neither has, nor ever had, any authority to dispense with the law. Therefore
355 Henry, on the abstract contention, was in the right. He had married
356 Catherine under an error. The problem was to untie the knot with as little
357 suffering to either as the nature of the case permitted. That the
358 negotiations were full of inconsistencies, evasions, and contradictions, was
359 natural and inevitable. To cut the knot without untying it was the only
360 direct course, but that all means were exhausted before the application of
361 so violent a remedy was rather a credit than a reproach. &lt;/font&gt;&lt;/p&gt;
362 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The first inconsistency was in
363 the King. He did not regard his marriage as valid; therefore he thought
364 himself at liberty to marry again; but he did not wish to illegitimatise his
365 daughter or degrade Catherine. He disputed the validity of the dispensation
366 of Julius II.; yet he required a dispensation from Clement which was equally
367 questionable to enable him to take a second wife. The management of the case
368 having reverted to Wolsey, fresh instructions were sent to Sir Gregory
369 Casalis, the regular English agent at the Papal court, to wait on Clement.
370 Casalis was &amp;quot;bid consider how much the affair concerned the relief of the
371 King's conscience, the safety of his soul, the preservation of his life, the
372 continuation of his succession, the welfare and repose of all his subjects
373 now and hereafter.&amp;quot; The Pope at Orvieto was personally accessible. Casalis
374 was to represent to him the many difficulties which had arisen in connection
375 with the marriage, and the certainty of civil war in England should the King
376 die leaving the succession no better provided for. He was, therefore, to
377 request the Pope to grant a commission to Wolsey to hear the case and to
378 decide it, and (perhaps as an alternative) to sign a dispensation, a draft
379 of which Wolsey enclosed. The language of the dispensation was peculiar.
380 Wolsey explained it by saying that &amp;quot;the King, remembering by the example of
381 past times what false claims [to the crown] had been put forward, to avoid
382 all colour or pretext of the same, desired this of the Pope as absolutely
383 necessary.&amp;quot; If these two requests were conceded, Henry undertook on his part
384 to require the Emperor to set the Pope at liberty, or to declare war against
385 him if he refused. &lt;/font&gt;&lt;/p&gt;
386 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;A dispensation, which was to
387 evade the real point at issue, yet to convey to the King a power to take
388 another wife, was a novelty in itself and likely to be carefully worded. It
389 has given occasion among modern historians to important inferences
390 disgraceful to everyone concerned. The sinister meaning supposed to be
391 obvious to modern critics could not have been concealed from the Pope
392 himself. Here, therefore, follow the words which have been fastened on as
393 for ever fatal to the intelligence and character of Henry and his Ministers.
394 &lt;/font&gt;&lt;/p&gt;
395 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The Pope, after reviewing the
396 later history of England, the distractions caused by rival claimants of the
397 crown, after admitting the necessity of guarding against the designs of the
398 ambitious, and empowering Henry to marry again, was made to address the King
399 in these words: -- &lt;/font&gt;&lt;/p&gt;
400 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;&amp;quot;In order to take away all
401 occasion from evil doers, we do in the plenitude of our power hereby suspend
402 &lt;i&gt;hâc vice&lt;/i&gt; all canons forbidding marriage in the fourth degree, also
403 all canons &lt;i&gt;de impedimento publicœ honestatis&lt;/i&gt; preventing marriage in
404 consequence of clandestine espousals, further all canons relating to
405 precontracts clandestinely made but not consummated, also all canons
406 affecting impediments created by affinity rising &lt;i&gt;ex illicito coitu,&lt;/i&gt;
407 in any degree even in the first, so far as the marriage to be contracted by
408 you, the petitioner, can be objected to or in any wise be impugned by the
409 same. Further, to avoid canonical objections on the side of the woman by
410 reason of former contract clandestinely made, or impediment of public
411 honesty or justice arising from such clandestine contract, or of any
412 affinity contracted in any degree even the first, &lt;i&gt;ex illicito coitu:&lt;/i&gt;
413 and in the event that it has proceeded beyond the second or third degrees of
414 consanguinity, whereby otherwise you, the petitioner, would not be allowed
415 by the canons to contract marriage, we hereby license you to take such woman
416 for wife, and suffer you and the woman to marry free from all ecclesiastical
417 objections and censures.&amp;quot; &lt;/font&gt;&lt;/p&gt;
418 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The explanation given by Wolsey
419 of the wording of this document is that it was intended to preclude any
420 objections which might be raised to the prejudice of the offspring of a
421 marriage in itself irregular. It was therefore made as comprehensive as
422 possible. Dr. Lingard, followed by Mr. Brewer, and other writers see in it a
423 transparent personal application to the situation in which Henry intended to
424 place himself in making a wife of Anne Boleyn. Two years subsequent to the
425 period when this dispensation was asked for, when the question of the
426 divorce had developed into a battle between England and the Papacy, and the
427 passions of Catholics and Reformers were boiling over in recrimination and
428 invective, the King's plea that he was parting from Catherine out of
429 conscience was met by stories set floating in society that the King himself
430 had previously intrigued with the mother and sister of the lady whom he
431 intended to marry; precisely the same obstacle existed, therefore, to his
432 marriage with Anne, being further aggravated by incest. No attempt was ever
433 made to prove these charges; no particulars were given of time or place. No
434 witnesses were produced, nor other evidence, though to prove them would have
435 been of infinite importance. Queen Catherine, who if any one must have known
436 it if the accusation was true, never alludes to Mary Boleyn in the fiercest
437 of her denunciations. It was heard of only in the conversation of
438 disaffected priests or secret visitors to the Spanish Ambassador, and was
439 made public only in the manifesto of Reginald Pole, which accompanied Paul
440 III.'s Bull for Henry's deposition. Even this authority, which was not much
441 in itself, is made less by the fact that in the first draft of &amp;quot;Pole's
442 Book,&amp;quot; sent to England to be examined in 1535, the story is not mentioned.
443 Evidently, therefore, Pole had not then heard of it or did not believe it.
444 The guilt with the mother is now abandoned as too monstrous. The guilt with
445 the sister is peremptorily insisted on, and the words of the dispensation
446 are appealed to as no longer leaving room for doubt. To what else, it is
447 asked, can such extraordinary expressions refer unless to some disgraceful
448 personal &lt;i&gt;liaison?&lt;/i&gt; &lt;/font&gt;&lt;/p&gt;
449 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The uninstructed who draw
450 inferences of fact from the verbiage of legal documents will discover often
451 what are called &amp;quot;mare's nests.&amp;quot; I will request the reader to consider what
452 this supposition involves. The dispensation would have to be copied into the
453 Roman registers, subject to the inspection of the acutest canon lawyers in
454 the world. If the meaning is so clear to us, it must have been clear to
455 them. We are, therefore, to believe that Henry, when demanding to be
456 separated from Catherine, as an escape from mortal sin, for the relief of
457 his conscience and the surety of his succession, was gratuitously putting
458 the Pope in possession of a secret which had only to be published to
459 extinguish him and his plea in an outburst of scorn and laughter. &lt;/font&gt;
460 &lt;/p&gt;
461 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;There was no need for such an
462 acknowledgment, for the intrigue could not be proved. It could not be
463 required for the legitimation of the children that were to be born; for a
464 man of Wolsey's ability must have known that no dispensation would be held
465 valid that was granted after so preposterous a confidence. It was as if a
466 man putting in a claim for some great property, before the case came on for
467 trial privately informed both judge and jury that it was based on forgery.
468 &lt;/font&gt;&lt;/p&gt;
469 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;We are called on to explain
470 further, why, when all Europe was shaken by the controversy, no hint is to
471 be found in any public document of a fact which, if true, would be decisive;
472 and yet more extraordinary, why the Pope and the Curia, when driven to bay
473 in all the exasperation of a furious controversy, left a weapon unused which
474 would have assured them an easy victory. Wolsey was not a fool. Is it
475 conceivable that he would have composed a document so fatal and have drawn
476 the Pope's pointed attention to it? My credulity does not extend so far. We
477 cannot prove a negative; we cannot prove that Henry had not intrigued with
478 Mary Boleyn, or with all the ladies of his court. But the language of the
479 dispensation cannot be adduced as an evidence of it, unless King, Pope, and
480 all the interested world had parted with their senses. &lt;/font&gt;&lt;/p&gt;
481 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;As to the story itself, there
482 is no ground for distinguishing between the mother and the daughter. When it
483 was first set circulating both were named together. The mother only has been
484 dropped, lest the improbability should seem too violent for belief. That
485 Mary Boleyn had been the King's mistress before or after her own marriage is
486 now asserted as an ascertained fact by respectable historians -- a fact
487 sufficient, can it be proved, to cover with infamy for ever the English
488 separation from Rome, King, Ministers, Parliaments, Bishops, and every one
489 concerned with it. The effectiveness of the weapon commends it to Catholic
490 controversialists. I have only to repeat that the evidence for the charge is
491 nothing but the floating gossip of Catholic society, never heard of, never
492 whispered, till the second stage of the quarrel, when it had developed into
493 a passionate contest; never even then alleged in a form in which it could be
494 met and answered. It could not have been hid from Queen Catherine if it was
495 known to Reginald Pole. We have many letters of Catherine, eloquent on the
496 story of her wrongs; letters to the Emperor, letters to the Pope; yet no
497 word of Mary Boleyn. What reason can be given save that it was a legend
498 which grew out of the temper of the time? Nothing could be more plausible
499 than to meet the King's plea of conscience with an allegation which made it
500 ridiculous. But in the public pleadings of a cause which was discussed in
501 every capital in Europe by the keenest lawyers and diplomatists of the age,
502 an accusation which, if maintained, would have been absolutely decisive, is
503 never alluded to in any public document till the question had passed beyond
504 the stage of discussion. The silence of all responsible persons is
505 sufficient proof of its nature. It was a mere floating calumny, born of wind
506 and malice. &lt;/font&gt;&lt;/p&gt;
507 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Mr. Brewer does indeed imagine
508 that he has discovered what he describes as a tacit confession on Henry's
509 part. When the Act of Appeals was before the House of Commons which ended
510 the papal jurisdiction in England, a small knot of Opposition members used
511 to meet privately to deliberate how to oppose it. Among these one of the
512 most active was Sir George Throgmorton, a man who afterwards, with his
513 brother Michael, made himself useful to Cromwell and played with both
514 parties, but was then against the divorce and against all the measures which
515 grew out of it. Throgmorton, according to his own account, had been admitted
516 to an interview with the King and Cromwell. In 1537, after the Pilgrimage of
517 Grace, while the ashes of the rebellion were still smouldering, after
518 Michael Throgmorton had betrayed Cromwell's confidence and gone over to
519 Reginald Pole, Sir George was reported to have used certain expressions to
520 Sir Thomas Dyngley and to two other gentlemen, which he was called on by the
521 Council to explain. The letter to the King in which he replied is still
522 extant. He said that he had been sent for by the King after a speech on the
523 Act of Appeals, &amp;quot;and that he saw his Grace's conscience was troubled about
524 having married his brother's wife.&amp;quot; He professed to have said to Dyngley
525 that he had told the King that if he did marry Queen Anne his conscience
526 would be more troubled at length, for it was thought he had meddled both
527 with the mother and the sister; that his Grace said: &amp;quot;Never with the
528 mother,&amp;quot; and my Lord Privy Seal (Cromwell), standing by, said, &amp;quot;nor with the
529 sister neither, so put that out of your mind.&amp;quot; Mr. Brewer construes this
530 into an admission of the King that Mary Boleyn had been his mistress, and
531 omits, of course, by inadvertence, that Throgmorton, being asked why he had
532 told this story to Dyngley, answered that &amp;quot;he spake it only out of
533 vainglory, to show he was one that durst speak for the Commonwealth.&amp;quot;
534 Nothing is more common than for &amp;quot;vainglorious&amp;quot; men, when admitted to
535 conversations with kings, to make the most of what they said themselves, and
536 to report not very accurately what was said to them. Had the conversation
537 been authentic, Throgmorton would naturally have appealed to Cromwell's
538 recollection. But Mr. Brewer accepts the version of a confessed boaster as
539 if it was a complete and trustworthy account of what had actually passed. He
540 does not ask himself whether if the King or Cromwell had given their version
541 it might not have borne another complexion. Henry was not a safe person to
542 take liberties with. Is it likely that if one of his subjects, who was
543 actively opposing him in Parliament, had taxed him with an enormous crime,
544 he would have made a confession which Throgmorton had only to repeat in the
545 House of Commons to ruin him and his cause? Mr. Brewer should have added
546 also that the authority which he gave for the story was no better than
547 Father Peto, afterwards Cardinal Peto, as bitter an enemy of the Reformation
548 as Pole himself. Most serious of all, Mr. Brewer omits to mention that
549 Throgmorton was submitted afterwards to a severe cross-examination before a
550 Committee of Council, the effect of which, if he had spoken truly, could
551 only be to establish the authenticity of a disgraceful charge.&lt;/font&gt;&lt;/p&gt;
552 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;The last evidence alleged is
553 the confession made by Anne Boleyn, after her condemnation, of some mystery
554 which had invalidated her marriage with the King and had been made the
555 ground of an Act of Parliament. The confession was not published, and
556 Catholic opinion concluded, and concludes still, that it must have been the
557 Mary Boleyn intrigue. Catholic opinion does not pause to inquire whether
558 Anne could have been said to confess an offence of the King and her sister.
559 The cross-examination of Throgmorton turns the conjecture into an absurdity.
560 When asked, in 1537, whom he ever heard say such a thing, he would have had
561 but to appeal to the proceedings in Parliament in the year immediately
562 preceding. &lt;/font&gt;&lt;/p&gt;
563 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;Is it likely finally that if
564 Throgmorton's examination proves what Mr. Brewer thinks it proves, a record
565 of it would have been preserved among the official State Papers? &lt;/font&gt;&lt;/p&gt;
566 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&lt;font size=&quot;3&quot;&gt;If all the stories current
567 about Henry VIII. were to be discussed with as much detail as I have allowed
568 to this, the world would not contain the books which should be written. An
569 Irish lawyer told me in my youth to believe nothing which I heard in that
570 country which had not been sifted in a court of justice, and only half of
571 that. Legend is as the air invulnerable, and blows aimed at it, if not
572 &amp;quot;malicious mockery&amp;quot; are waste of effort. Charges of scandalous immorality
573 are precious to controversialists, for if they are disproved ever so
574 completely the stain adheres. &lt;/font&gt;&lt;/p&gt;
575 &lt;/font&gt;&lt;hr&gt;&lt;font face=&quot;Times New Roman&quot;&gt;
576 &lt;p align=&quot;left&quot;&gt;&lt;b&gt;Notes:&lt;/b&gt; 1.
577 &lt;/font&gt;
578 &lt;font face=&quot;Times New Roman&quot; style=&quot;font-family: Arial, Helvetica, sans-serif&quot;&gt;
579 &lt;font face=&quot;Times New Roman&quot;&gt;
580 The date of Henry's resolution to marry Anne is of some consequence, since
581 the general assumption is that it was the origin of the divorce. Rumour, of
582 course, said so afterwards, but there is no evidence for it. The early
583 love-letters written by the King to her are assigned by Mr. Brewer to the
584 midsummer of 1527. But they are undated, and therefore the period assigned
585 to them is conjecture merely.&lt;/p&gt;
586 &lt;/font&gt;
587 &lt;p align=&quot;left&quot;&gt;&lt;font size=&quot;2&quot;&gt;From &lt;i&gt;The Divorce of Catherine of Aragon:
588 The Story as Told by the Imperial Ambassadors Resident at the Court of Henry
589 VIII&lt;/i&gt; by J.A. Froude.&amp;nbsp; Published in New York by C. Scribner's Sons,
590 1891.&lt;/font&gt;&lt;/p&gt;
591 &lt;/blockquote&gt;
592&lt;/blockquote&gt;
593
594&lt;p align=&quot;center&quot;&gt;&lt;font size=&quot;2&quot;&gt;
595&lt;a href=&quot;_httpextlink_&amp;amp;rl=1&amp;amp;href=http:%2f%2fenglishhistory.net%2ftudor%2ffroudethree.html&quot;&gt;to Chapter Three&lt;/a&gt;&lt;/font&gt;&lt;/p&gt;
596&lt;p align=&quot;center&quot;&gt;&lt;a href=&quot;_httpextlink_&amp;amp;rl=1&amp;amp;href=http:%2f%2fenglishhistory.net%2ftudor%2fsecondary.html&quot;&gt;
597&lt;font size=&quot;2&quot;&gt;to Secondary Sources&lt;/font&gt;&lt;/a&gt;&lt;/p&gt;
598&lt;p align=&quot;center&quot;&gt;
599&lt;a href=&quot;_httpextlink_&amp;amp;rl=1&amp;amp;href=http:%2f%2fenglishhistory.net%2ftudor%2fmonarchs%2faragon.html&quot;&gt;&lt;font size=&quot;2&quot;&gt;to
600Katharine of Aragon website&lt;/font&gt;&lt;/a&gt;&lt;/p&gt;
601 &lt;/font&gt;
602 &lt;/font&gt;
603&lt;blockquote&gt;
604 &lt;blockquote&gt;
605 &lt;font style=&quot;font-family: Arial, Helvetica, sans-serif&quot;&gt;
606 &lt;font face=&quot;Times New Roman&quot;&gt;
607 &lt;/font&gt;&lt;font style=&quot;FONT-FAMILY: Arial, Helvetica, sans-serif&quot;&gt;
608 &lt;/font&gt;
609 &lt;p class=&quot;3text&quot; align=&quot;left&quot;&gt;&amp;nbsp;&lt;/p&gt;
610 &lt;/font&gt;
611 &lt;/blockquote&gt;
612&lt;/blockquote&gt;
613
614
615
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618</Content>
619</Section>
620</Archive>
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