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510 [510]

Actes and Monumentes of the Churche.

minde, and the better vnderstand the matter.

☞ The wordes of the king to the legates. 
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This is a truncated version of the oration Henry gave on 21 June 1539, wherein he essentially repeats the earlier Bridewell speech. For discussion of it, see Henry A. Kelly, The Matrimonial Trials of Henry VIII (Stanford, 1976), pp. 80ff. which follos the chronicle of George Cavendish, The Life and Death of Cardinal Wolsey,. Ed. R.S. Sylvester (London, 1958).

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MY Lordes Legates of the sea Apostolyke, which be deputied Iudges, in thys great & waighty matter, I most hartely beseche you, to ponder my minde and entent, which only is to haue a fynal end for the discharge of my conscience: for euerye good chrysten manne knoweth what payne, and what vnquietnes he suffreth, whych hath hys conscience greued, for I assure you on myne honoure, that thys matter hath so vexed my minde, and troubled my spirits, that I can skantly study any thing whyche shuld be profytable for my realme and people. And for to haue a quietnes in body and soule, is my desyre and request, and not for any grudge that I beare to her that I haue maried, for I dare say, that for her womanhode, wisedome, nobilitye, and gentlenes, neuer Prince had such another, and therefore if I woulde willinglye chaunge, I were not wise: wherefore my sute is to you my Lordes at thys time to haue a spedy end according to ryght, for the quyetnes of my minde and conscience onlye, and for no other cause, as God knoweth.

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THe Quene again of the other partye (who had before appeled to the Pope,) assysted wt her counsailors & doctors, which were iiii. byshops, þt is Warham of Canterbury, West of Ely, Fisher of Rochester, Standish of S. Asse wt other lerned men, whō the king had licēced her to chuse vnto her. Firste she was about to depart without any word saying: After being called again to know whether she wold stand to her appeale, answered by her proctor, þt she wold abide by her apeale. In conclusyon after lōg debating on both sides amongst þe councellors, þe matter grue to this issue, that al the deuines wer agreed in this: þt the marriage was against the lawe of God, if she were carnallye known by þe first brother. Which thing whan it was sufficiētly aproued by sōdry euidences, as wel by certen words of prince Arthur hym self, as also by her own surmise, supposing her self to be wt child at the death of þe prince, as also by a certen clause in þe second bul, which she had purchased of pope Iuly. &c. Then her deuines being beaten from þe ground, began to pleat iii. reasōs, of policy, of chariti, & of time. First of policy, þt if this mariage shuld be brokē, or proued vnlawful, þe only child of þe kyng shuld be proued a bastarde, whiche might indomage þe realme. Of charity and loue, þt if a seperation shuld come, it shuld cause a breche betwixt her kinred & this realme: Thirdly, for þe lōg cōtinuāce of time, sith they had ioyned wel nie xx. yeres, they said þe long cōtinuāce of time might make þe mariage honest. But forsomuch as no reasōs, be thei neuer so wise or politicke, haue any force against þe manifest and expresse word of god, whervnto all thinges must geue place: it had not ben hard 

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Foxe was raising here a valid question. As legates a'latere both Wolsey and Campeggio had full competence to decide the issue finally at Blackfriars priory. Why they did not has been a source of speculation since, the most likely explanation being the pope's fear of Charles V (whose troops could far more easily threaten Rome - again - than could Henry's). Foxe leaves out the matter of the so-called secret decretal bull that Campeggio had the authority to use (but which he burned instead), but refers to the pressure applied by Thomas Howard and Charles Brandon on the legates for a decision. The court was abruptly adjourned during the latter part of the so-called 'dog days' (early July to early September) - when the dog star (Sirius) is most visible - which in Italy since imperial times was considered a time of evil and disaster and during which period courts went into recess. Campeggio was following the Roman court calendar, adjourning the tribunal to sometime in October.

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for the legates speadely to haue defined this matter, if they had had þe word of God before their eyes, more than þe respect of mā. But the subtile Le-gates vnderstandinge another thing lying in this matter, what derogatiō might ensue hereby to þe court of Rome, & to the blemish of their dignity, if þe popes dispensation should not be maintaind, as forceable in þt or any other case: MarginaliaThe crafty packinge of þe cardinalstherfore wt crafty delais, dissimules þe matter, and tracted the time, & draue of the king wyth many faire wordes, but performing nothing, notwithstanding the kings earnest sute & request made to thē, to make a speady end, and to geue some iudgement for þe quieting of his cōsciēce whatsoeuer it were, he would accept it. Yet they neither folowing þe cause, nor tendering the king, but only respecting their owne gain & glory, frō month to month protracted þe matter to þe beginning of August. Whervpon þe king taking it not wel, so to be vsed at their hād: especially in such a matter, being so ful of disquietnes in it self, sent þe duke of Northfolk & duke of Suffolke to þe court where þe legates wer, requiring thē to hasten to þe finall end of þe matter (what end so euer it wer) & to differ it no lōger. Now here appeared þe fals crafty packing of these carnal marchāts. It is þe māner & custome of Rome about þe beginning of August, during þe space of the dog daies to haue a solēpne vocation, as they cal it, in which time nether scholes be vsed, nor any term kept. MarginaliaNote here the fyrst beginning of the discention betwene kīge Henrye the viii. & the courte of Rome.Cāpeius þe cardinal therfore pretēding thorder of þe court of Rome, wherof he was as a mēber, answered þt be nether would nor could goo against thordināce of þe court, whervnto he was boūd: so þt before October he wold procede no farther in þe cause. The dukes hearing þe cardinals words, & perceiuīg their pretēsed excuses seing by no wais, they wold be entreted, brast out in māner of open defiāce, as no great meruel was. In so much þt Charles duke of Suffolk, clapping his hād vpon the table, & swearing by the masse, said in these words, 
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Foxe refers here to the famous, albeit possible apocryphal, outburst of Henry VIII's brother-in-law. Immediately after the adjournment, it is said that Suffolk banged the table and swore; 'It was never merry in England whilst we had cardinals among us'. The irony is that Suffolk had Wolsey to thank for his life after he had married the king's sister, Mary, without the king's permission or knowledge. The outburst is often taken as the signal that Wolsey had lost the trust and protection of the king.

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MarginaliaA true saying of the duke of Suffolke.that yet there cam neuer legate nor cardinal frō Rome þt euer did good in England: & so with him al þe tēporal lords in an anger: departed frō the cardinals, leauing them one to like vpon other. The king notwithstāding, yet for quietnes of his troubled mind, abiding the Cardinals leasure, was content to wait their assigned mōth of October. But before October came Cāpeius the cardinall was called home by letters frō the pope, wherby þe matter was left vndiscussed or rather deluded: to verify the Duke of Suffolkes saying: that no cardinall came yet from Rome, that euer did good in Englande. The king seing him selfe to so deluded or rather abused, although iustly prouoked, yet pacientlye forbearinge, ceased not his sute, but sent again to Clement the Pope, then lying in Bonony: 
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The pope was in Bologna at this time attending to the crowning of Charles V as Holy Roman Emperor. Thomas Boleyn (now Earl of Wiltshire) was the king's ambassador to the emperor and the pope, and he travelled in a party with John Stokesley, Edward Lee and William Benet from 1 January 1530. [Calendar of State Papers, vii:v, cclxviii (at p.230); BL, Cott. MSS. Vit. B, XIII, fol.11].

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desiring to haue an aunswer of his case according to the righte and iustice. The Pope content to heare the message, but vnwillinge to satisfye the request, saide he woulde take a

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