stench whereof made some of them to die soon after, and others escaped with great difficulty. Taverner was excellently skilled in music; on which account he escaped, though vehemently accused, the cardinal pleading for him, that he was but a musician, though afterward he repented to have set tunes to so many popish ditties.

We must not forget that all in the foresaid catalogue, whose Christian names are expressed, were originally Cambridge-men,* and invited by the cardinal, on promise of preferment, to plant his new foundation; besides Florence, a Dominican, John Akers, and many more famous for their learning, which at this time removed to Oxford, seasoned both with good learning and true religion.

Know also this, John Higdon, first dean, was he, of whom cardinal Wolsey, when fallen into distress, did borrow two hundred pounds, therewith to pay and reward some of his poorest servants, giving them money on this condition,-that hereafter they should serve no subject, but only the king himself;t as if this had been suscipere gradum Simeonis, for those who so long had attended on a lord cardinal. But this happened many years after; we return to this proud prelate, while he flourished in the height of his prosperity.

36-38. Wolsey turns his Waiting into Revenge. The Scruple of the King's Marriage. The King willingly embraceth the Motion.

Their heads will catch cold which wait bare for a dead pope's triple crown. Wolsey may be an instance hereof, who, on every avoidance of St. Peter's chair, was sitting down therein, when suddenly some one or other clapt in before him! Weary with waiting, he now resolved to revenge himself on Charles the emperor, for not doing him right, and not improving his power in preferring him to the papacy, according to his promises and pretences. He intends to smite Charles through the sides of his aunt, Catherine queen of England, endeavouring to alienate the king's affections from her. And this is affirmed by the generality of our historians, though some of late have endeavoured to acquit Wolsey, as not the first persuader of the king's divorce.

Indeed, he was beholding for the first hint thereof to the Spaniards themselves. For, when the lady Mary was tendered in marriage to Philip, prince of Spain, the Spanish ambassadors seemed to make some difficulty thereof, and to doubt her extraction, as begotten on a mother formerly married to her husband's elder brother. Wolsey now put this scruple into the head of bishop Longland, the king's confessor, and he insinuated the same into the king's conscience: CAIUS De Antiq. Cant. Acad. ↑ Rex Platonicus, page 43. VOL. II.

C

ever conformable to your will and pleasure, never gainsaying any thing wherein you took delight, without all grudge or discontented countenance; I have loved all them that loved you, howsoever their affections have been to me-ward; I have borne you children, and been your wife now this twenty years. Of my virginity and marriage-bed I make God and your own conscience the judge; and if it otherwise be proved, I am content to be put from you with shame. The king your father in his time for wisdom was known to be a second Solomon; and Ferdinando of Spain my father, accounted the wisest among their kings. Could they in this match be so far overseen? or are there now wiser and more learned men than at that time were? Surely, it seemeth wonderful to me, that my marriage, after twenty years, should be thus called in question, with new invention against me who never intended but honesty. Alas, sir, I see I am wronged, having no counsel to speak for me, but such as are your subjects, and cannot be indifferent upon my part. Therefore, I most humbly beseech you, even in charity, to stay this course, until I have advice and counsel from Spain; if not, your Grace's pleasure be done."*

This her speech ended, she departed the court, and, though often recalled, would not return; whereupon, June 18th, she was pronounced contumacious; many commending the greatness of her spirit, and more condemning the stoutness of her stomach, as every one stood affected.

The most pungent passage in this her speech was her appeal to the king's conscience, that he found her a virgin, when first coming to her bed. Her words gained the more credit, because coming from one generally known to be spare of speech, and such may be rationally presumed to take best aim at the truth, who so seldom discharge in discourse; the rather because she saying it, and the king not gainsaying it, many interpreted his silence herein consent; whilst others imputed the king's silence to his discretion, because both of them were parties, who, though they knew the most, were to speak the least, in their own cause, remitting it to the trial by the testimony of others.

44. Fisher's short Plea.

As for the queen's counsel,-which though assigned to her, appear not dearly accepted by her, as chosen rather by others for her than by her for herself,-I find at this present little of moment pleaded or performed by them. Only bishop Fisher affirmed, that no more needed to be said for the validity of the marriage, than "whom God hath joined together let no man put asunder:" A

SPEED, page 766.

most true position in itself, if he could have cleared the application thereof to his royal client: but hoc restat probandum; the contrary that God never joined them together"-being vehemently urged by her adversaries.

45-47. The Pleas of the King's Counsel. Secrets sub Sigillo Thalami. A shrewd Retortion.

Notwithstanding the queen's absence, the court proceeded and first the king's proctors put in their exceptions against both bull and brief of pope Julius II. dispensing with the king's marriage with his brother's wife; namely, 1. That they were not to be found amongst the original records of Rome. 2. That they were not extant in Chartaphylacio, amongst the king of England's papers, (most concerned therein,) but found only in Spain, amongst the writings of a state-officer there. 3. That in them it was falsely suggested, as if the same were procured at the instance of Henry prince of Wales, who then, not being above thirteen years old, was not capable of such intentions. 4. That the date thereof was somewhat discrepant from the form used in the court of Rome.

After this, many witnesses on the king's side were deposed; and though this favour is by custom indulged to the English nobility, to speak on their honours; yet the canon law, taking no notice of this their municipal privilege, and for the more legal validity of their testimonies, required the same on oath, though two dukes, one duchess, one marquess, many lords and ladies, gave in their depositions. These attested,-1. That both were of sufficient age, prince Arthur of fifteen years, the lady Catherine somewhat elder. 2. That constant their cohabitation, at board and in bed. 3. That competent the time of the same, as full five months. 4. That entire their mutual affection, no difference being ever observed betwixt them. 5. That Henry, after his brother's death, by an instrument produced in court, and attested by many witnesses, refused to marry her, though afterwards altered by the importunity of others. 6. That, by several expressions of prince Arthur's, it appeared, he had carnal knowledge of the lady Catherine.

The beds of private persons are compassed with curtains, of princes veiled also with canopies, to conceal the passages therein, to which modesty admitteth no witnesses. Pity it is, that any, with Pharaoh, should discover what is exchanged betwixt Isaac and Rebekah; all which are best stifled in secrecy and silence. However, such the nature of the present cause, that many privacies were therein discovered.

Observe, by the way, that whereas it was generally alleged in favour of the queen, that prince Arthur had not carnal knowledge

ever conformable to your will and pleasure, never gainsaying any thing wherein you took delight, without all grudge or discontented countenance; I have loved all them that loved you, howsoever their affections have been to me-ward; I have borne you children, and been your wife now this twenty years. Of my virginity and marriage-bed I make God and your own conscience the judge; and if it otherwise be proved, I am content to be put from you with shame. The king your father in his time for wisdom was known to be a second Solomon; and Ferdinando of Spain my father, accounted the wisest among their kings. Could they in this match be so far overseen? or are there now wiser and more learned men than at that time were? Surely, it seemeth wonderful to me, that my marriage, after twenty years, should be thus called in question, with new invention against me who never intended but honesty. Alas, sir, I see I am wronged, having no counsel to speak for me, but such as are your subjects, and cannot be indifferent upon my part. Therefore, I most humbly beseech you, even in charity, to stay this course, until I have advice and counsel from Spain; if not, your Grace's pleasure be done."*

This her speech ended, she departed the court, and, though often recalled, would not return; whereupon, June 18th, she was pronounced contumacious; many commending the greatness of her spirit, and more condemning the stoutness of her stomach, as every one stood affected.

The most pungent passage in this her speech was her appeal to the king's conscience, that he found her a virgin, when first coming to her bed. Her words gained the more credit, because coming from one generally known to be spare of speech, and such may be rationally presumed to take best aim at the truth, who so seldom discharge in discourse; the rather because she saying it, and the king not gainsaying it, many interpreted his silence herein consent; whilst others imputed the king's silence to his discretion, because both of them were parties, who, though they knew the most, were to speak the least, in their own cause, remitting it to the trial by the testimony of others.

44. Fisher's short Plea.

As for the queen's counsel,-which though assigned to her, appear not dearly accepted by her, as chosen rather by others for her than by her for herself,-I find at this present little of moment pleaded or performed by them. Only bishop Fisher affirmed, that no more needed to be said for the validity of the marriage, than "whom God hath joined together let no man put asunder:" A

SPEED, page 766.

those cunning masters of defence, could lengthen out a cause of so high concernment and so greatly beneficial unto them. For, English silver now was current, and our gold volant, in the pope's courts; whither such masses of money daily were transported, England knew not certainly what was expended, nor Rome what received, herein. Yea, for seven years was this suit depending in the pope's court; after which apprenticeship, the indentures were not intended to be cancelled, but the cause still to be kept on foot, it being for the interest to have it always in doing, and never done. For, whilst it depended, the pope was sure of two great friends; but, when it was once decided, he was sure of one great foe, either the emperor, or our king of England.

51. King and Queen both offended with Wolsey.

It was a maxim true of all men, but most of king Henry, omnis mora properanti nimia. He, who would have not only what but when he would himself, was vexed with so many delayings, deferrings, retardings, prorogations, prolongations, procrastinations, betwixt two popes, as one may say,-Clement that was, and Wolsey that would be. So that all this while, after so much ado, there was nothing done in his business, which now was no nearer to a final conclusion than at the first beginning thereof. Yea, now began cardinal Wolsey to decline in the king's favour, suspecting him for not cordial in his cause, and ascribing much of the delay to his backwardness herein. More hot did the displeasure of queen Catherine burn against him, beholding him as the chief engine, who set the matter of her divorce first in motion.

52. Wolsey looks two Ways in this Design.

Be it here remembered, that, in persuading the king's divorce, Wolsey drave on a double design: by the recess of the king's love from queen Catherine, to revenge himself of the emperor; by the access of his love to Margaret of Alençon, to oblige the king of France. Thus he hoped to gain with both hands; and presumed, that the sharpness of his two-edged policy should cut on both sides: when God, to prevent him, did both blunt the edges and break the point thereof. For, instead of gaining the love of two kings, he got the implacable anger of two queens; of Catherine decaying, and Anna Bullen increasing, in the king's affection. Let him hereafter look but for few fair days, when both the sun rising and setting frowned upon him.