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1267 [1266]

K. Hen. 8. The Popes Sentence definitiue agaynst King Henry.

Marginalia* This booke called the kinges booke, was a certayne treatise concerning the reasons and argumentes of diuers learned men, for the lawfull dissolution of the kinges mariage, with aunswere also to the contrary obiections of Abell, and others. And this booke the king here sent to the Pope. mature iudgement of the kyng, which the Pope (as he sayd in formall wordes) would sooner leane vnto, then to any other learned mans mynde or sentence, so that the kings reasons (he sayd) must needes be of great efficace and strength of him selfe to order and direct this matter.

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The fourth cause mouyng the Pope to fauour the kynges request, was for the quyet and tranquilitie of his conscience, whiche otherwise in that vnlawfull Mariage with his brothers wife could not be sattled.

MarginaliaThe fifte cause. The fift cause was for the consideration of the perils and daungers, which otherwise might happen to the realme by the pretensed titles of the kyng of Scottes, and other, without an heyre male to establishe the kynges succession: for the auoyding of which perils and also for the other causes aboue rehearsed, the Pope shewed himselfe at that tyme propense and forward to promote and set forward the kyngs desired purpose in that behalfe.

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And thus much touchyng this by matter I thought here to suggest, & repeate to the reader, MarginaliaRead afore pag. 1057. albeit the same is also sufficiently expressed before, pag. 1057. and 1058. to the end that the studious Reader ponderyng these first proceedynges of the Pope, & comparyng them with this Sentēce definitiue, which vnder foloweth, may the better vnderstād what inconstant leuitie, what false dealyng, what craftie packyng, and what contrarietie in it selfe, is in this Pope, holy Sea of Rome: MarginaliaThe double dealing of the Pope with kyng Henr . as by this case of the Pope may well appeare, who in short tyme after all this, was so cleane altered from that he was, that where as before he pretended to esteeme so gratfully the kynges trauayle and benefites exhibited to the Sea Apostolicke, in his defence agaynst the Emperour and the Spanyardes, now he ioyneth vtterly with the Cesarians agaynst the kyng. MarginaliaThe Pope false double, and contrary to hym selfe. And where before he so greatly magnified the kynges profounde learnyng, and mature iudgement, esteemyng his mynde & Sentence aboue all other learned mē, to be as a iudge sufficient in the directiō of this case: now turnyng head to the tayle, he vtterly refuseth to bryng the matter in iudiciū orbis, but will needes deteine it at home. Agayne, where before he pretēded a tender prouision for the state of this Realme: now he setteth all other realmes agaynst it. And finally where he before seemed to respect the quyet & tranquilitie of the kynges conscience: MarginaliaThe Pope how presūptuously he compelleth and commaundeth kinges and Princes. now hee goeth about to commaunde & compell the kyng agaynst his will and conscience to do cleane contrary to that, which he himselfe before in his iudgement had alowed, thinkyng to haue the kyng at his becke, and to do and vndoe what he lysted and commaunded: as by the tenour and true copie of this his Sentence definitiue, ye may vnderstand. Which as it came newly to our hāds, I thought here to exhibite vnto the world, that all mē might see what iust cause the kyng had, beyng so presūptuously prouoked by the pope, to shake of his proude authoritie, and vtterly to exile him out of his realme. Marke, I pray thee, the maner of the Popes proude Sentence how presumptuously it procedeth.

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Anglici Matrimonij.

MarginaliaEx Archetypo Rom. Pontificis ad Catherinam misso.

Sententia diffinitiua
¶ Lata per sanctissimum Dominum nostrū D. Clementem Papam vij. in sacro Consistorio, de Reuerendissimorum. S. R. E. Cardinalium consilio, super validitate Matrimonij inter Serenissimos Henricū VIII. & Catherinam Angliæ Reges contracti.
Eadem Serenissima Catherina Angliæ Regina.
Serenissimum Henricum VIII. Angliæ Regem.
Clemens Papa. 7.

MarginaliaThe tenour of the popes sentence definitiue agaynst kyng Henry. 8. CHRISTI nomine inuocato in Throno iustitiæ pro tribunali sedentes, & solum Deum præ oculis habentes, per hanc nostram diffinitiuam sententiam quam de Venerabilium Fratrum nostrorum Sancta Ro. Ec. Car. Consistorialiter coram nobis congregatorū Consilio & assensu ferimus in his scriptis, pronunciamus, decernimus, & declaramus in causa & causis ad nos & Sedem Apostolicam per appellationem, per charissimam in Christo Filiam Catherinā Angliæ Reginam Illustrē a nostris & Sedis Apostolicæ Legatis in Regno Angliæ deputatis interpositam legitimè deuolutis, & aduocatis, inter prædictam Catherinam Reginā, & Charissimum in Christ Filium Henricū VIII. Angliæ Regem Illustrē, super Validitate & inualiditate Matrimonij inter eosdem Reges contracti & consummati rebusq; alijs in actis, causæ & causarum huiusmodi latius deductis, & dilecto filio Paulo Capissucho causarū sacri palatij tunc decano, & propter ipsius Pauli absentiā venerablili fratri nostro Iacobo Simonetæ Episcopo Pisaurien. vnius ex dicti palatij causærū Auditoribus locū tenenti, audiēdis instruēdis, & in Consistorio nostro Secreto referēdis cōmissis, & per eos nobis, & eisdem Cardinalibus Relatis & maturè discussis, corā nobis pendētibus, matrimoniū inter predictā Catherinā & Henricū Angliæ Reges cōtractū, & inde secutæ quecūq̀; fuisse & esse validū & canonicū validaq̀; & Canonica, suosq̀; debitos debuisse & debere sortiri effectus, prolēq̀; exinde susceptā & suscipiēdam fuisse, & fore legitimā & præfatū Henricū Angliæ Regē teneri, & obligatū fuisse & fore ad cohabitādum cū dicta Catherina Regina eius legitimæ cōiuge illāq; maritali affectione & Regio honore tractādū, & eūdē Henricū Angliæ Regē ad præmissa omnia & singula cū effectu adimplendū, condemnādū omnibusq̀; iuris remedijs cogēdum & cōpellendū fore, prout condemnamus, cogimus, & compellimus, molestationesq̀; & denegationes per eūdem Henricū Regē eidem Catherinæ Reginæ super inualiditate ac fœdere dicti matrimonij quomodolibet factas & præstitas, fuisse & esse illicitas & iniustas, & eidē Hērico Regi su illis ac inualiditate matrimonij huiusmodi perpetuū silentiū imponēdū fore, & imponim9, eundēq; Henricū Angliæ Regē in expensis in huiusmodi causa pro parte dictæ Catherinæ Reginæ corā nobis, & dictis omnibus legitime factis cōdēnādū fore, & condēnamus, quarū expensarum taxationem nobis imposterum reseruamus.
Ita pronuntiamus. I.
Lata fuit Romæ in Palatio Apostolico publice in
Consistorio die. XXIII. Martij. M. D. XXXIIII.

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¶ The effect in English.

THe effect of this Sentence is as much to meane in English: That Pope Clement the vij. with the consent of his other brethren the Cardinals assembled together in his Consistory, sittyng there in þe throne of Marginalia(A) The pope sitteth in the throne of iustice, with the like humilitie & same fashion, as Lucifer did sit in the seate of the highest, and Antichrist sitteth in the Tēmple of God. a Iustice, callyng vppon the name Marginalia(B) And sayd neuer a worde. b of Christ, and hauyng GOD onely before hys Marginalia(C) Id est, hauing no bribes of money in his handes, nor no feare of the Emperour in his hart. c eyes, doth pronounce, define, and declare in the cause & causes betwen his dere daughter Katherine Queene of England appealyng to the sea Apostolicke, and his beloued Marginalia(D) Is not this a glorious father that will haue no beggars to hys sonnes, and daughters, but Emperours, kinges, and Queenes? d sonne Henry the eight, kyng of England, concernyng the validitie & inualiditie of þe Matrimonie heretofore contracted betwene them, and yet dependyng in the Consistory Court of the sayd Pope Clement: that the sayd Matrimonie alwayes hath Marginalia(E) And why then did you sende Campeius to England to dissolue the same matrimonye before? as appeareth aboue pag. 1021. e and still doth stand firme and Canonical, and that the issue proceedyng, or whicheshall proceede of the same, standeth, and shall stand lawfull and legitimate: and that the foresayd Henry kyng of England, is and shall be bounde and obstrict to the Matrimoniall societie and cohabitation with the sayd Lady Katherine his lawfull wife and Queene, to hold and maintayne her with such loue and princely honour, as becommeth a louyng husband, and his Kyngly honour to do.

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Also that the sayd Henry kyng of England, if he shall refuse so to performe and accomplishe all and singular the premisses, in all effectuall maner, is to be condemned and compelled hereunto by all remedies of Marginalia(F) By his owne Canon law, he meaneth, and not by the lawe of God. f the law, and enforced, accordyng as we do condemne, compell, and enforce hym so to do, prouidyng that all molestations and refusals whatsoeuer, made by the sayd Kyng Henry agaynst the sayd Queene Katherine, vppon the inualiditie of the sayd Mariage, to haue bene and to be iudged vnlawfull and vniust: and the sayd kyng from hēceforth for euer to holde his peace, and not to be heard in any Court hereafter Marginalia(G) Here thou mayest see (good reader) howe the Pope may and doth erre lyke a false prophete. For where he thought to put the king to silence, the same silence lighted vppon hym selfe, and wherby the Pope is driuen hymself to stand mute in England, and God graunt hee may so stand for euer, Amē. g to speake touchyng the inualiditie of the sayd matrimonie: like as we also do here will & charge him to hold his peace, and do put hym to perpetuall silence herein: Willyng moreouer and adiudgyng the sayde kyng Henry to be condemned and presently here do condemne him in the expenses on the sayd Queene Katherines behalfe here in our Court, exposed and employed in trauersing the foresayd cause, the valuation of which expenses, we reserue to our selues to bee limited and taxed, as we shall iudge meete hereafter.
We do so pronounce. .I.
At Rome in our Apostolicall palace publickly in
our Consistory. 23. Mart. M. D. XXXIIII.

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