or to give his hasty judgement or advice in so weighty a matter, but desired of the king license to aske counsell of men of auncient study, and famous learning, bothe in the divine and civil lawes. That obteined, by his legantine authority, he sent his commission out for all the bishoppes of this realme, that were learned in either of the saide lawes, or else had in any highe estimation for their prudent counsaile and judgement in princely affaires of long experience.

Then assembled these noble prelates at Westminster before my lorde cardinall, as well auncient famous and notable clerkes of bothe universities of Oxford and Cambridge, as also of divers cathedrall colleges of this realme, reckoned and accompted learned and of witty discretion in the determination of doubtful matters. Then was this matter of the king's case debated, reasoned, argued, and consulted of from day to day, and time to time, that it was to the learned a goodly hearing, but in the conclusion, (as it semed to me, and other,) the auncient fathers of bothe the lawes, (by my small estimation,) at their departure, departed with one judgement, contrary to the principall expectation. I heard then the opinion of some of the most famous persons amonge that sorte, reporte, that the king's case was too obscure for any learned man to discuss, the pointes therein were so doubtfull to have any true understanding or intelligence. And therefore they departed without any resolution or judgement.

Then in this assembly of bishoppes it was thought most expedient, that the king should first send out his commissioners into all the universities of Christendome, as well here in Englande, as into forraine regions, to have among them his grace's case argued substantially, and to bringe with them from thence the very definition of their opinions in the same, under the seales of every university. That for this time was their determination; and so allowed, that diverse commisioners were incontinent appointed to this matter, who were divided, as some to Oxonforde, some to Cambridge, some to Lovaine, some to Paris, some to Orleaunce, some to Bononye, and some to Padway, and so forthe. Although these commisioners had the travell, yet was the costes and charges the king's; the which were no lesse than great and notable sommes of money, and all went out of this realme. For as I heard reported (and as it semed in deede) besides the charges of the embassage, the famous and most notable persons, and in especiall such as had any rule, or had the

custody of their universitie seales, were choked by the commisioners with such notable sommes of money', that they were the more glad to agree to their requestes, and to graunt to all that they desired; by meanes whereof all the commisioners retourned home againe with their purpose finished according to their commision, under the particular seale of every severall university, whereat there was no small joy conceived of the principall persons: in so much as the commisioners were not only ever after in great estimation, but also most liberally advaunced and rewarded, far beyond their worthy desertes. Notwithstanding, they prospered, and the matter went still forwarde, having now (as they thought) a sure staffe to stand by.

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These procedings declared to my lord cardinall, he sent againe for the bishoppes, to whom he declared the effect and travell of these commisioners, and for affirmaunce thereof shewed them the instruments of every university under the severall seales. Then this matter brought to passe, they went once againe to consultation, how it should be ordered to the purpose. -It was then thought good and concluded, that the king should send unto the pope, declaring the opinions of those universities, which were manifestly authorized by their common seales; to the which it was thought that the consent of these worthy prelates of this realme should be necessary to be sent also thither, altogether comprised in an instrument, sealed with all their seales annexed to the saide instrument, which was not long in doing; nor was long after, but the ambassadors were assigned

1 Such notable sommes of money.] It is a question of fact which has been warmly debated, whether the suffrages of the universities in Henry's favour were purchased by money. It does not seem very necessary that we should enter into this dispute. But any one who wishes so to do, may consult Burnet's History of the Reformation, vol. iii. p. 401, Appendix; Harmer's [Wharton's] Specimen of Errors, p. 7; Fiddes's Life of Wolsey, p. 420; Poli Epistolæ, vol. i. p. 238. A. D. 1744.

2 The instruments of every university.] Eight of these determinations soon after were printed in one volume, with a long discourse in support of the judgments contained in them, under the following title: "The Determinations of the moste famous and mooste excellent universities of Italy and Fraunce, that it is so unlefull for a man to marry his brother's wyfe, that the pope hath no power to dispence therewith: Imprinted by Thomas Berthelet the 7. day of Novembre, 1531." They were also published in Latin: in which language they are exhibited by Bishop Burnet, in his History of the Reformation, vol i. book ii. No. 34. Records.

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to travaille in this matter, and to take upon them this journey accordingly, having furthermore certaine instructions, amonge which one was this, that if the pope would not hereupon agree to give judgement definitive in the king's case, then to require another commision from his holiness, to be graunted under leade to establish a court to be kept in Englande for that purpose, only directed to my lord cardinall and legate of Englande, and to the cardinall Campaigne (who was then, although he were a stranger, bishoppe of Bathe, the which the king gave him at a certaine time, being an ambassador from the pope,) to determine and justly to judge according to their conscience and discretions. To the which after long sute made, and the good will of the sayd cardinall by faire promises obteined to travell into England, the pope graunted to their sute. And this done and atcheved, they made retourne unto the king, making relation unto him, that now his graces pleasure and purpose should be brought substantially to passe, being never more likely, considering the state of bothe the judges.

Long was the expectation on all sides for the comming of this legate from Rome, with his commision. After very long desire this legate was arrived in England, and being sore vexed with the disease of the goute, was constrained by force thereof to make a longe journey or ever he came to London; who should have bine most solemnely received at Blackheath, and so with triumph conveied to London, but his desire was such, that he would not so be entertained with pompe, and vaine glory, and therefore sodainly came to his house without Temple barre, called then Bathe Place, where he was lodged, which was furnished with all manner of stuffe and implements of my lord's provision.

So then after some deliberation, and consultation in the ordering and using of the king's matters, and his commision and the articles of his ambassage seene, read, and digested, it was determined, that the king and the good queene, his just wife, should be lodged at Bridewell. And then in the Black Friars a certaine place was there appointed most convenient for the king and queene's repaire to the courte, there to be kept for the disputa

3 Under leade.] Under a leaden seal or bull, bulla plumbea.

• Bishoppe of Bathe.] A manifest error: John Clerk was at this time bishop of Bath and Wells. Campeggio was bishop of Salisbury, which see had been given to him by Henry, during a mission from the pope to solicit aid against the Turk.

tion and determination of the case, whereas these two legates sat judges; before whom the king and queene were asscited and summoned to appeare; which was a strange sight, and the newest device, that ever was read or heard of before, in any region story or chronicle, a king and a queene to be constrained by process compellatory to appeare in any courte as common persons, within their owne realme and dominion, to abide the judgements and decres of their own subjects, being the royall diademe and prerogative thereof.

Forsoothe it is a world to consider the desirous will of wilfull princes, when they be set and earnestly bent to have their wills fulfilled, wherein no reasonable persuasions will suffice; and how little they regard the dangerous sequell that may ensue as well to themselves as to all their subjects. And above all things, there is nothing that maketh them more willfull than carnall love, and sensuall affection of voluptuous desire, and pleasures of their bodies, as was in this case; wherein nothing could be of greater experience than to see what inventions were furnished, what lawes were enacted, what costly edifications of noble and auncient monasteries were overthrowne', what diversity of opinions then rose, what executions were then committed, how many noble clerkes and good men were then for the same put to deathe, and what alteration of good, auncient, and holesome lawes, customes, and charitable foundations were tourned from reliefe of the poore, to utter destruction and desolation, almost to the subversion of this noble realme. It is sure too much pitty to heare or under

5 Monasteries were overthrowne.] At the same time we must not forget the example before set by Wolsey himself, in procuring the confiscation of some of these, for building and endowing his colleges at Oxford and Ipswich. In a letter from the king, given by Lord Herbert, highly honourable both to Henry's head and heart, he thus expresses himself, in a tone of friendly, anxious apprehension and warning, on this particular subject.

As touching the help of religious houses to the building of your college, I would it were more, so it be lawfully: for my intent is none but that it should so appear to all the world, and the occasion of all their mumbling might be secluded and put away; for surely there is great murmuring of it throughout all the realm, both of good and bad. They say not, that all that is ill gotten is bestowed upon the college, but that the college is the cloke for covering all mischiefs. This grieveth me to assure you, to hear it spoken of him which I so intirely love. Wherefore methought I could do no less than thus friendly to admonish you." We shall see below, in the course of the present narrative, that "all the revenues belonging to the college of Oxenforde, and Ipswiche, the kinge toke into his owne handes."

stand the things that have since that time chaunced and happened to this region. The profe thereof hath taught us all Englishmen the experience, too lamentable of all good men to be considered. If eyes be not blind men may see, if eares be not stopped they may heare, and if pitty be not exiled the inwarde man may lament the sequell of this pernicious and inordinate love. Although it lasted but a while, the plague thereof is not yet ceased, which our Lorde quenche, and take his indignation from us! Qui peccavimus cum patribus nostris, et injuste egimus.

Ye shall understande, as I saide before, that there was a courte erected in the Black Friars in London, whereas sat these two cardinalls for judges in the same. Nowe I will set you out the manner and order of the saide courte. First, there was a courte planted with tables and benches, in manner of a consistory, one seat raised higher (for the judges to sit in) than the other were. Then as it were in the middest of the saide judges, aloafte above them three degrees highe, was a cloath of estate hanged, with a chaire royall under the same, wherein sat the king; and besides him, some distaunce from him, sat the queene; and under the judges feete sat the scribes, and other necessary officers for the execution of the process, and other things appertaining to such a courte. The chiefe scribe was Doctor Stevens' after bishoppe of Winchester, and the apparitour, who was called doctor of the courte, was one Cooke, most commonly called Cooke of Winchester. Then, before the king and the judges, within the courte, sat the archbishoppe of Canterbury doctor Warham, and all the

6 A courte erected.] For "Proceedings relating to the dissolution of the marriage between king Henry VIII. and Catharine of Arragon, 19 Hen. VIII. 1528," &c. see State Trials, vol. i. p. 299-368, from Lord Herbert, &c.

7 Was Doctor Stevens.] Doctor Stephen Gardiner, afterwards bishop of Winchester, at this time in great estimation with Wolsey. In letters and other documents of this period he is often called Doctor Stevens. Mr. Granger, in the third volume of Bishop Burnet's History of the Reformation, p. 385, Appendix, intimates that this was a colloquial vulgarism; "vulgarly, as Stephen Gardener was Mr. Stevyns, in Wolsey's Letter." But it is questionable, I think, whether this is the true account of that name. The bishop himself, in his Declaration of his Articles against George Joye, A.D. 1546, fol. 3. b. of the 4to edition, thus speaks of it, "a booke, wherein he wrote, how Doctor Stevens (by whiche name I was then called) had deceyved hym." And Cavendish below adverts to this appellation in very similar terms. "To this embassage was appointed Dr. Stephen Gardiner, then called by the name of Doctor Stephens, and secretary to the king."