ought to be in a woman of her dignity, or in any other of mean condition. She is also surely a noble woman born: Her condition will well declare it.

The Speech of Queen Katherine to Cardinal Campeius, and Wolsey, they being sent by the king.

My lords, I cannot answer you so suddenly; for I was set, among my maids, at work, little thinking of any such matter; wherein there needs a longer deliberation, and a better head than mine, to make answer. For I have need of council in this case, which concerns me so near: and for any council, or friends that I can find in England, they are not for my profit. For it is not likely that any Englishman will council me, or be a friend to me against the king's pleasure, since they are his subjects; and for my council, in which I may trust, they are in Spain.

The Speech of Cardinal Campeius, upon King Henry the VIIIth's calling for judgment.

I will not give judgment, till I have made relation to the pope of all our proceedings; whose council, and command, I will observe. The matter is too high for us to give an hasty judgment, considering the highness of the persons, and doubtfulness of the case; and also whose commissioners we be, under whose authority we sit. It were therefore reason that we should make our chief head a council in the same, before we proceed to a definitive sentence. I came not to please, for favour, need, or dread, of any person alive, be he king, or otherwise. I have no such respect to the person, that I will offend my conscience. I will not, for the favour or disfavour of any high estate, do that thing, which shall be against the will of God.—I am an old man, (both weak and sickly) that look daily for death. not wade any farther in this matter, until I have the opinion and assent of the pope.

(From Somers' Collection of Tracts, ed. by Walter Scott, Lond., 1809, I, 223.) 106. The Divorce Proceedings announced to the House of Commons (1531)

Parliamentary History

On March 30, 1531, the Lord Chancellor, together with a committee of Lords Spiritual and Temporal, went to the House of Commons, where the Chancellor opened the proceedings with a brief speech announcing the reason of the visit. There is a

grim humour in the king's self-accusation of incestuous union, and the subserviency of the consulted authorities is an objectlesson of the time. The object of the communication is set forth in the concluding sentences of the extract, but it may be doubted if the purpose was accomplished.

"You of this worshipful House,

"I am sure you be not so ignorant but you know well that the Kyng our Soveraign Lorde hath maried his Brother's Wyfe; for she was both wedded and bedded with his Brother Prince Arthur, and therefore you may surely say that he hath maried his Brother's Wyfe, if this Mariage be good as so many Clerkes do doubt; Wherefore the Kyng, like a virtuous Prince, willing to be satisfied in his Conscience, and also for the Suretie of his Realme, hath, with great Deliberation, consulted with great Clerkes, and hath sent my Lorde of London, here present, to the chiefe Universities of all Christendome, to know their Opinion and Judgment in that Behalf. And altho' the Universities of Cambryge and Oxforde had been sufficient to discusse the Cause, yet, because they be in this Realme, and to avoyde all Suspicion of Partiality, he hath sent into the Realme of France, Italy, the Pope's Dominions, and Venetians, to know their Judgment in that Behalf; which have concluded, written, and sealed their Determinations, accordyng as you shall heare red." Then Sir Brian Tuke took out of a Box twelve Writings sealed, and read them before the House as they were translated into the English Tongue.

Next follows, in Hall, the Judgment of the Foreign Universities; which were those of Paris, Orleans, Anjou, Bruges, Bononia, and Padua, at Length. These being somewhat foreign to our Purpose, we shall therefore content ourselves with observing, That the Question put to these learned Societies was, Whether the Pope's Dispensation for a Brother's marrying a Brother's Wife, after Consummation with her former Husband, was valid or not? Which, as the Question was stated, they all gave in the Negative.

These Determinations being all read in the House, there were produced abouve an hundred different Books, wrote by foreign Civilians and Divines, against the Lawfulness of the Marriage; which, says Hall, because the Day was far spent, were not read. Then the Chancellor again said, "Now you of this Commen House may reporte in your Countries what you have seene and heard; and then all Men shall openly

perceyve that the Kyng hath not attempted this Matter of Wyll or Pleasure, as some Straungers reporte, but only for the Discharge of his Conscience, and Suretie of the Succession of his Realme. This is the Cause of our Repayre hyther to you, and now we wyl departe."

(Parliamentary History, 2nd ed., Lond., 1762. Vol. III, p. 81.)

CHAPTER XV

HENRY VIII. AND THE CHURCH

107. Payment of Annates to the Pope forbidden

Parliamentary History

The struggle between Henry VIII. and the Pope on the question of divorce caused the king to assume the headship of the Catholic Church in England and to take that church from papal control. The first important step was taken in 1531 when the clergy were compelled to address Henry as "Head of the Church and Clergy so far as the law of Christ will allow."

The second was the act restraining the payment of annates to the pope. The selection given contains a summary of this act. Its language should be compared_with_the other anti-papal statutes contained in this chapter. They in turn should be read in connection with those given in Chapters XI, XVII, XVIII, and XIX. The acts given in these and preceding chapters furnish material for the study of the development of the independent Church of England.

This year also an Act passed, concerning Annates, or the First-Fruits of Bishoprics, paid usually to the See of Rome, for the obtaining of Palls, Bulls, etc., the Preamble and Consideration whereof was, as appears in the Records, 1. The great Sums of Money already passed out of the Kingdom that Way, being no less than 160,cool Sterling, since the second Year of Henry VII. 2. That more was likely to be shortly transported, by reason many of the Bishops are aged. 3. That the first Use and Grant of them was for maintaining Arms against Infidels. So that it was enacted, That they should henceforth cease, and no Money to be paid to Rome to that Intent, except as is hereafter specified, viz. Lest the Court of Rome should think themselves irremunerated for their Pain in making and sealing Bulls in Lead, etc., it was ordained, That there may be allowed for the said Bulls Five Pounds in the Hundred, according to the Rate of each Bishopric's clear Value above all Charges. And if any Man, being chosen to a Bishopric, and presented by the

King to the Pope, shall hereupon find any Lett or Hinderance, by Restraint of his Bulls, upon convenient Suit for the same, then he may be named and presented by the King's Highness to the Archbishop of the Province, who shall consecrate him; or, the said Archbishop delaying, under Pretence of wanting Pall, Bull, etc., the Person so named shall be consecrated, and invested by any two Bishops of the Land whom the King shall appoint thereto; and shall be held and reputed thereafter as a compleat Bishop. But of this Act we shall speak again, when we come to the 25th Year of the King: For though it passed the Parliament now, and the King gave his Assent thereto, yet Power was reserved for him to annul or confirm the same any Time within two Years next following.

Moreover, in this Statute, the King and his Parliament declare, That they do not intend to use any Extremity or Violence, before gentle and courteous Ways have been attempted: But it shall please the King to propose an amicable Composition to the Pope, and his Holliness shall be content either to abolish or moderate those Annates, then the Compositions, so made, to stand firm: But if, under the said amicable Propositions, the Realm cannot be disburdened, and that, for the Continuance of the same, the Pope shall unjustly vex and disquiet the King or his Subjects by any Excommunication, etc., be it then enacted, by the Authority aforesaid, That the King's Highness, his Heirs and Successors, Kings of England, and all his Spiritual and Lay Subjects of the same, without any Scruple of Conscience, shall and may lawfully, to the Honour of Almighty God, the Increase and Continuance of Virtue and good Example within this Realm (the said Censures, Excommunications, Interdictions, Compulsories, or any of them, notwithstanding), minister, or cause to be ministered, throughout this said Realm, and all other the Dominions and Territories belonging or appertaining thereunto, all and all Manner of Sacraments, Sacramentals, Ceremonies, or other Divine Service of Holy Church, or any other Thing or Things necessary for the Health of the Soul of Mankind, as they heretofore, at any Time or Times, have been virtuously used or accustomed to do within the same. And that no Manner of such Censures, Excommunications, Interdictions, or any other Process or Compulsories shall by any of the Prelates, or other Spiritual Fathers of this Realm, nor by any of their Ministers or