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and said, if I had a press well supported, and a clergy like those in Ireland, seeking no other earthly. support in their ministry than what the people might voluntarily afford them, I would convince the poor man, if he was open to conviction, in half the time he had allowed himself, that his threats were foolish and mere empty boasting. A clergy, perfectly unconnected with the state, and resting their character on public opinion, will always be a match for infidelity; because when example

WM. EUSEBIUS ANDREWS.

terest in the things of this world, the Republican, a boast made by that latter have been working to muzzle mistaken enthusiast, that if he had the mouths of the catholic missioners a free press, he would root christianhere, because the rulers, and an-ity out of this country in seven years. cients, and scribes of this country, I laughed at the arrogant boaster, that is, the ministers, the boroughmongers, and the bible-distributors, are alarmed lest the force of truth should operate and work a change in public opinion, so long in a state of delusion and discord. To the great injury of religion, they have unhappily succeeded in gaining over some weak ecclesiastics, who, lured with the flatteries of courtiers and parasites, have forbidden controversial sermons to be delivered from the pulpits, and refused to sanction the circulation of tracts of the same nature, because the feelings of pro-and precept go together, the truths testants might thereby be disturbed, of religion become so manifest, that, as the feelings of the jews were a- like the miracles wrought by the larmed on the first appearance of apostles Peter and John, they cannot christianity, and the effect it pro- be denied. duced on public opinion. Here let me point out to these abandoners of their sacred duties the impropriety and mischief of their conduct. missioners appointed by the holy see, they are not only commissioned to instruct the faithful, but their care is extended to those also who are under the influence of error. Now, as the catholics of this country do not comBEFORE the cardinal's (Wolsey) gopose more than a twentieth part of ing into France in the preceding year, the inhabitants, by refraining from it was talked among the people, that stating the true marks of the gospel, king Henry (as we have heard) was by and pointing out the erroneous ideas some persuaded, that his marriage which have sprung up since the refor- with queen Catharine could not mation, they become instrumental be good nor lawful, wherefore he in suppressing truth, instead of teach- determined to have the case examining it to all men, as they promise to ed, cleared and adjudged by learndo, when they take holy orders.-ing, law, and sufficient authority. Besides, do they not bury their ta- The cardinal was by some put in lent in the earth, and thus subject blame for that scruple now cast into themselves to the malediction of the the king's conscience, for the hate Lord of the vineyard? These re-he bear to the emperor, and theremarks are much more worthy the consideration of those to whom they apply, than crying out against atheism and infidelity. I recollect reading in one of Carlile's numbers of The

As

TRIAL OF THE DIVORCE

BETWEEN.

HENRY VIII. AND CATHA-
RINE OF ARRAGON.

(From Stowe's Chronicle.)

fore he did not only procure the king of England to join in friendship with the French king, but also, (as they say) sought a divorce betwixt the king and the queen. But how

throne, and there one Francisco, secretary to cardinal Campeius, made an eloquent oration in latin: in which he rehearsed first, with what cruelty the emperor's soldiers had handled the pope, what tyranny they had showed to the cardinals and priests, what sacrilege and spoil they had committed in St. Peter's church, how they had violated virgins, ravished men's wives, and in conclusion, spoiled, robbed and tormented all the Romans and inhabitants in the city of Rome. And further he shewed what friendship the college of Rome found at the king's hands, and the French king's in the time of that tribulation, that if they had not joined together, the city of Rome with all their governors had been brought to utter ruin: for the which, he said, pope Clement and all his college of cardinals, and the senators of the city, with all the citizens, rendered to the king their hearty thanks, and promised him their love and favour, and amity per

soever it came about that the king was thus troubled in conscience concerning his marriage, it followed, that to have the doubt clearly removed, he called together the best learned of the realm, which were of several opinions, wherefore he thought to know the truth by different judges, least peradventure the Spaniards and others would say that his own subjects were not indifferent judges in this behalf, and therefore wrote his cause to Rome, as also (as we have heard) sent to the universities of Italy and France for their opinions and desired the court of Rome to send into the realm a legate which should be indifferent, and of great and profound judgment to hear the cause debated. At whose request the whole consistory of the college of Rome, sent thither Lawrence Campeius, a priest cardinal, a man of great wit and experience, which had been sent hither before in the tenth year of this king, as we have heard, and with him was joined in commission the cardi-petual. nal of York, and legate of England. This cardinal Campeius by long journies came into England, and much preparation was made to receive him triumphantly into London: but he was so sore vexed with the gout, that he refused all such solemnities, and desired that he might without pomp be conveyed to his lodging for his more quiet and rest, and so on the ninth of October he came from St. Mary Overies by water to the bishop of Bath's palace without Temple bar, where he was visited of the cardinal of York and divers other estates and prelates: and after he had rested him a season, he was brought to the king's presence, then being at Bridewell, by the cardinal of York, and was carried in a chair between four persons, for he was not able to stand, and the cardinal of York and he sat both on the right hand of the king's

To the which oration Dr. Fox, provost of Cambridge, made a discreet answer: and as to the first point he declared, that the king much lamented to hear his friends, yea or any other christian men to be handled with such tyranny; and as touching the second point, he said that the king did but the duty of a christian prince to relieve his friends being in captivity, for the which he would that the whole city of Rome should give thanks to God, and not to him. After which answer made, the two legates communed secretly with the king a long space, and after departed to their lodging. Of the coming of this legate the people, especially women, talked largely, and said, that the king would for his own pleasure have another wife, and had sent for this legate to be divorced from his queen, with many foolish words,

all men

insomuch, that whosoever spoke and me, begotten to our great comagainst the marriage, was of the fort, yet it hath been told us by common people abhorred and re- diverse great clerks, that neither she proved, which common rumour was is our lawful daughter nor her mother related to the king. Wherefore our lawful wife, but that we live he like a prudent prince, willing together abominably and detestably to know his intent and in open adultery, insomuch, that purpose, caused all his nobility, when our embassage was last in judges, and counsellors, with divers France, and motion was made, that other persons, to come to his palace the duke of Orleans should marry of Bridewell, on Sunday the 8th our said daughter, one of the chief of November at afternoon, in his counsellors to the French king said: great chamber, and there to them It were well done to know whether said, as near as I could carry away, she be the king of England's lawful (saith Hall) in these words follow- daughter, or not; for well known ing: Our trusty and well beloved it is, that he begat her on his brosubjects, both you of the nobility ther's wife, which is directly against and you of a meaner sort, it is not God's law, and his precept, Think unknown to you that we, both by you my lords that these words touch God's provision, and true and lawful not my body and soul: think you inheritance, have reigned over this that these words do not daily and realm almost twenty years: during hourly trouble my conscience and which time, we have so ordered us, vex my spirits? Yes, we doubt not thanked be God, that no outward but if it were your own cause, every enemy hath oppressed you, nor ta- man would seek remedy, when the ken any thing from us, nor we have peril of your soul, and the loss of invaded no realm but have had vic- your inheritance is openly laid to tory and honour, so that we think you. For this only cause I protest you nor none of your predecessors before God, and in the word of a never lived more quietly, more weal-prince, I have asked counsel of the thy, nor in more estimation under greatest clerks in christendom, and any of our noble progenitors. But for this cause I have sent for this when we remember our mortality, legate, as a man indifferent, only and that we must die, then we think to know the truth, and to settle my that all our doings in our little time conscience, and for none other cause, are clearly defaced and worthy of as God can judge. And as touching no memory, if we leave you in trou- the queen if it be judged by the ble at the time of our death. For law of God, that she is my lawful if our true heir be not known at wife, there was never thing more the time of our death, see what acceptable to me in my life, both trouble shall succeed to you and for the discharge of my conscience, your children. The experience and also for the good qualities and thereof some of you have seen, after conditions which I know to be in the death of our noble grandfather her: for I assure you all, that beside Edward the fourth, and some have her noble parentage of the which she heard what manslaughter continued is descended (as all you know) she in this realm between the houses of is a woman of most gentleness, of York and Lancaster, by the which most humility, and buxomness, yea, dissension this realm was like to and of all good qualities appertaining have been clearly destroyed. And to nobility she is without comparison, although it has pleased God to send as I these twenty years almost have us a fair daughter of a noble woman had the true experiment, so that if

I were to marry again, if the marriage might be good, I would surely choose her above all other women: but if it be determined by judgment, that our marriage was against God's law and directly void, then I shall not only sorrow the departing from so good a lady and loving companion, but much more lament and bewail my unfortunate chance, that I have so long lived in adultery to God's great displeasure, and have no true heir of my body to inherit this realm. These be the sores that vex my mind, these be the pangs that trouble my conscience, and for these griefs I seek a remedy; therefore I require of you all as our trust and confidence is in you, to declare to our subjects our intent, according to our true meaning, and desire them to pray with us that the truth may be known for the discharge of our conscience, and saving of our soul: and for declaration hereof I have assembled you together, and now you may depart.

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for their prudent counsel and judge ment, in princely affairs of long experience. Then assembled those noble prelates and notable clerks of both universities of Oxford and Cambridge, as also of divers cathedral churches of this realm accounted learned, and of witty discretion in determination of doubtful questions. Then was this matter of the king's ease consulted of from day to day, that it was to the learned a goodly hearing: but in fine the ancient fathers of both laws, departed with one judgment, contrary to the principal expectation. Then was it thought expedient, that the king should send commissioners into all the universities of christendom, to bring with them the definition of their opinions in the same under the seal of every university, which they obtained. Having now a sure staff to stand by, these proceedings declared to the cardinal, he sent again for the bishops, to whom he declared the travel of these commissioners. And for affirmance thereof, shewed them the instruments of every university under their several seals. They went once again to consultation. It was then concluded that the king should send to the pope, declaring the opinions of these uni

To see what countenance was made amongst the hearers of this oration, it was a strange sight, for some sighed and said nothing, others were sorry to hear the king so troubled in his conscience: others favouring the queen much sorrowed that this matter was now opened,versities, authorized by their common and so every man spake as his heart served him thus much Hall. And thus G. C. The cardinal of York saith he, being provoked to declare his opinion, and wisdom in the advancement of the king's purpose, who thought it not meet to wade too far alone, or to give his hasty judgment in so weighty a matter, desired of the king license to ask counsel of men of famous learning both in the divine and civil laws. That obtained, by his legantine authority, he sent his commission out for all the bishops of the realm, that were learned in either of the said laws, or had in any high estimation

seals: to the which it was thought that the consent of these prelates of this realm should be necessary to be sent thither, altogether comprised in an instrument, sealed with all their seals annexed to the said instrument. Not long after the ambassadors were assigned to travel in the matter, having certain instructions among which one was this, that if the pope would not give judgment definitive in the king's case, to require another commission to be granted under seal, to establish a court to be kept in England, for that purpose, to be directed to the lord cardinal and legate of England, and

to the cardinal Campeius, who was then (though we hear a stranger) bishop of Bath (the which the king had given him) to determine, and justly to judge according to conscience and discretion: To the which, after long suite made, and the good will of the same cardinal obtained to travel into England, the pope granted to their suite, and the cardinal arrived in England, as we before have heard.

Now after some deliberation and consultation in the ordering and using of the king's matters, and his commissiou, and the articles of his ambassage seen and read, and digested, it was determined, that the king and queen his wife should be ludged at Bridewell. And then in the Black Friars a certain place was there appointed most convenient for the king and queen to repair to the court, there to be kept for the disputation and determination of the case, whereas these two legates sate as judges, before whom the king and queen were ascited and summoned to appear: which was a strange sight, and the newest devise that ever was read or heard of before in any region, story or chronicle, a king and queen to be constrained by process compellatory to appear in any court as common persons within their own realm and dominion, to abide the judgment and decrees of their own subjects, being the royal diadem and prerogative thereof He shall understand (as I have said before) that there was a court erected in the Black Friars in London, whereat sat these two cardinals for judges in the same, in the months of April, May, June, and July. Now will I set you out the manner and order of the same court: first, there was a court platted in tables and benches in manner of a consistory, one seat raised higher for the judges to sit on than the other were. Then as it were in the midst of the said ORTHODOX JOUR. VOL. VIII.

The

judges aloft above them three de grees high, was a cloth of estate hanged, with a chair royal under the same, wherein sat the king, and besides him, some distance from him sat the queen, and under the judges feet sat the scribes and other necessary officers for the execution of the process, and other things appertain ing to such a court: the chief scribe was Dr. Stevens, after bishop of Winchester, and the apparator, who was caller of the court, was one Cooke (most commonly called Cooke of Winchester.) Then before the king and the judges within the court sate the archbishop of Canterbury. Dr. Warham, and all the other bishops. Then stood at both ends within, the counsellors learned in the laws, as well the king's as the queen's. doctors of law for the king, were Dr. Simpson, that was after bishop of Chichester, and Dr. Bell, that was after bishop of Worcester, with divers others, and proctors in the same law on the same side were, doctor Peter, doctor Tregonel, with others. On the other side for the queen were doctor Fisher, bishop of Rochester, doctor Standish, and doctor Ridley; a very small man of stature, but surely a great and excellent clerk in divi nity. Thus was the court furnished. The judges commanded the crier te proclaim silence whilst their commis sion was read, both to the court, and to the people assembled. That done, the scribes commanded the crier to call the king by the name of King Henry of England come into the court, &c. With that the king answered and said: here. Then called be the queen by the name of Cathariae queen of England, come into the court, &c. Who made no answer,

but rose incontinent out of her chair, and because she could not come to the king directly, for the distance severed between them, she went about by the court, and came to the king, kneeling down at his feet in

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