“Sir,” quoth she, “I beseech you for all the loves that hath been between us, and for the love of God, let me have justice and right, take of me some pity and compassion, for I am a poor woman and a stranger born out of your dominion, I have here no assured friend, and much less indifferent counsel; I flee to you as to the head of justice within this realm. Alas! Sir, wherein have I offended you, or what occasion of displeasure? Have I designed against your will and pleasure; intending (as I perceive) to put me from you? I take God and all the world to witness, that I have been to you a true humble and obedient wife, ever conformable to your will and pleasure, that never said or did any thing to the contrary thereof, being always well pleased and contented with all things wherein you had any delight or dalliance, whether it were in little or much, I never grudged in word or countenance, or showed a visage or spark of discontentation. I loved all those whom ye loved only for your sake, whether I had cause or no; and whether they were my friends or my enemies. This twenty years I have been your true wife or more, and by me ye have had divers children, although it hath pleased God to call them out of this world, which hath been no default in me.
“And when ye had me at the first, I take God to be my judge, I was a true maid without touch of man; and whether it be true or no, I put it to your conscience. If there be any just cause by the law that ye can allege against me, either of dishonesty or any other impediment to banish and put me from you, I am well content to depart to my great shame and dishonour; and if there be none, then here I most lowly beseech you let me remain in my former estate, and receive justice at your hands. The king your father was in the time of his reign of such estimation thorough the world for his excellent wisdom, that he was accounted and called of all men the second Solomon; and my father Ferdinand, King of Spain, who was esteemed to be one of the wittiest princes that reigned in Spain, many years before, were both wise and excellent kings in wisdom and princely behaviour. It is not therefore to be doubted, but that they elected and gathered as wise counsellors about them as to their high discretions was thought meet. Also, as me seemeth, there was in those days as wise, as well learned men, and men of as good judgment as be at this present in both realms, who thought then the marriage between you and me good and lawful. Therefore it is a wonder to hear what new inventions are now invented against me, that never intended but honesty. And cause me to stand to the order and judgment of this new court, wherein ye may do me much wrong, if ye intend any cruelty; for ye may condemn me for lack of sufficient answer, having no indifferent counsel, but such as be assigned me, with whose wisdom and learning I am not acquainted. Ye must consider that they cannot be indifferent counsellors for my part which be your subjects, and taken out of your own council before, wherein they be made privy, and dare not, for your displeasure, disobey your will and intent, being once made privy thereto. Therefore I most humbly require you, in the way of charity, and for the love of God, who is the just judge, to spare me the extremity of this new court, until I may be advertised what way and order my friends in Spain will advise me to take. And if ye will not extend to me so much indifferent favour, your pleasure then be fulfilled, and to God I commit my cause[138]!”
And with that she rose up, making a low courtesy to the king, and so departed from thence. [Many] supposed that she would have resorted again to her former place; but she took her way straight out of the house, leaning (as she was wont always to do) upon the arm of her General Receiver, called Master Griffith. And the king being advertised of her departure, commanded the crier to call her again, who called her by the name of “Katherine Queen of England, come into the court, &c.” With that quoth Master Griffith, “Madam, ye be called again.” “On, on,” quoth she, “it maketh no matter, for it is no indifferent court for me, therefore I will not tarry. Go on your ways.” And thus she departed out of that court, without any farther answer at that time, or at any other, nor would never appear at any other court after.
The king perceiving that she was departed in such sort, calling to his grace’s memory all her lament words that she had pronounced before him and all the audience, said thus in effect: “For as much,” quoth he, “as the queen is gone, I will, in her absence, declare unto you all my lords here presently assembled, she hath been to me as true, as obedient, and as conformable a wife as I could in my fantasy wish or desire. She hath all the virtuous qualities that ought to be in a woman of her dignity, or in any other of baser estate. Surely she is also a noble woman born, if nothing were in her, but only her conditions will well declare the same.” With that quoth my Lord Cardinal, "Sir, I most humbly beseech your highness to declare me before all this audience, whether I have been the chief inventor[139] or first mover of this matter unto your majesty; for I am greatly suspected of all men herein." “My Lord Cardinal,” quoth the king, "I can well excuse you herein. Marry (quoth he), ye have been rather against me in attempting or setting forth thereof. And to put you all out of doubt, I will declare unto you the special cause that moved me hereunto; it was a certain scrupulosity that pricked my conscience upon divers words that were spoken at a certain time by the Bishop of Bayonne, the French King’s Ambassador[140], who had been here long upon the debating for the conclusion of a marriage to be concluded between the princess our daughter Mary, and the Duke of Orleans, the French king’s second son.
“And upon the resolution and determination thereof, he desired respite to advertise the king his master thereof, whether our daughter Mary should be legitimate, in respect of the marriage which was sometime between the queen here, and my brother the late Prince Arthur. These words were so conceived within my scrupulous conscience, that it bred a doubt within my breast, which doubt pricked, vexed, and troubled so my mind, and so disquieted me, that I was in great doubt of God’s indignation; which (as seemed me), appeared right well; much the rather for that he hath not sent me any issue male; for all such issue male as I have received of the queen died incontinent after they were born; so that I doubt the punishment of God in that behalf. Thus being troubled in waves of a scrupulous conscience, and partly in despair of any issue male by her, it drave me at last to consider the estate of this realm, and the danger it stood in for lack of issue male to succeed me in this imperial dignity. I thought it good therefore in relief of the weighty burden of scrupulous conscience, and the quiet estate of this noble realm, to attempt the law therein, and whether I might take another wife in case that my first copulation with this gentlewoman were not lawful; which I intend not for any carnal concupiscence, ne for any displeasure or mislike of the queen’s person or age, with whom I could be as well content to continue during my life, if our marriage may stand with God’s laws, as with any woman alive; in which point consisteth all this doubt that we go now about to try by the learned wisdom and judgment of you our prelates and pastors of this realm here assembled for that purpose; to whose conscience and judgment I have committed the charge according to the which (God willing), we will be right well contented to submit ourself, to obey the same for our part. Wherein after I once perceived my conscience wounded with the doubtful case herein, I moved first this matter in confession to you, my Lord of Lincoln[141], my ghostly father. And for as much as then yourself were in some doubt to give me counsel, moved me to ask farther counsel of all you my lords; wherein I moved you first my Lord of Canterbury, axing your license, (for as much [as] you were our metropolitan) to put this matter in question; and so I did of all you my lords, to the which ye have all granted by writing under all your seals, the which I have here to be showed.” “That is truth if it please your highness,” quoth the Bishop of Canterbury, “I doubt not but all my brethren here present will affirm the same.” “No, Sir, not I,” quoth the Bishop of Rochester, “ye have not my consent thereto.” “No! ha’ the!” quoth the king, “look here upon this, is not this your hand and seal?” and showed him the instrument with seals. “No forsooth, Sire,” quoth the Bishop of Rochester, “it is not my hand nor seal!” To that quoth the king to my Lord of Canterbury, “Sir, how say ye, is it not his hand and seal?” “Yes, Sir,” quoth my Lord of Canterbury. “That is not so,” quoth the Bishop of Rochester, “for indeed you were in hand with me to have both my hand and seal, as other of my lords had already done; but then I said to you, that I would never consent to no such act, for it were much against my conscience; nor my hand and seal should never be seen at any such instrument, God willing, with much more matter touching the same communication between us.” “You say truth,” quoth the Bishop of Canterbury, “such words ye said unto me; but at the last ye were fully persuaded that I should for you subscribe your name, and put to a seal myself, and ye would allow the same.” “All which words and matter,” quoth the Bishop of Rochester, “under your correction my lord, and supportation of this noble audience, there is no thing more untrue.” “Well, well,” quoth the king, “it shall make no matter; we will not stand with you in argument herein, for you are but one man.” And with that the court was adjourned until the next day of this session.
The next court day the cardinals sat there again, at which time the counsel on both sides were there present. The king’s counsel alleged the marriage not good from the beginning, because of the carnal knowledge committed between Prince Arthur her first husband, the king’s brother, and her. This matter being very sore touched and maintained by the king’s counsel; and the contrary defended by such as took upon them to be on that other part with the good queen: and to prove the same carnal copulation they alleged many coloured reasons and similitudes of truth. It was answered again negatively on the other side, by which it seemed that all their former allegations [were] very doubtful to be tried, so that it was said that no man could know the truth. “Yes,” quoth the Bishop of Rochester, “Ego nosco veritatem, I know the truth.” “How know you the truth?” quoth my Lord Cardinal. “Forsooth, my lord,” quoth he, “Ego sum professor veritatis, I know that God is truth itself, nor he never spake but truth; who saith, quos Deus conjunxit, homo non separet. And forasmuch as this marriage was made and joined by God to a good intent, I say that I know the truth; the which cannot be broken or loosed by the power of man upon no feigned occasion.” “So much doth all faithful men know,” quoth my Lord Cardinal, "as well as you. Yet this reason is not sufficient in this case; for the king’s counsel doth allege divers presumptions, to prove the marriage not good at the beginning, ergo, say they, it was not joined by God at the beginning, and therefore it is not lawful; for God ordaineth nor joineth nothing without a just order. Therefore it is not to be doubted but that these presumptions must be true, as it plainly appeareth; and nothing can be more true in case these allegations cannot be avoided; therefore to say that the matrimony was joined of God, ye must prove it farther than by that text which ye have alleged for your matter: for ye must first avoid the presumptions.” “Then,” quoth one Doctor Ridley, “it is a shame and a great dishonour to this honourable presence, that any such presumptions should be alleged in this open court, which be to all good and honest men most detestable to be rehearsed.” “What,” quoth my Lord Cardinal, “Domine Doctor, magis reverenter.” “No, no, my lord,” quoth he, “there belongeth no reverence to be given to these abominable presumptions; for an unreverent tale would be unreverently answered.” And there they left, and proceeded no farther at that time.
Thus this court passed from session to session, and day to day, in so much that a certain day the king sent for my lord at the breaking up one day of the court to come to him into Bridewell. And to accomplish his commandment he went unto him, and being there with him in communication in his grace’s privy chamber from eleven until twelve of the clock and past at noon, my lord came out and departed from the king and took his barge at the Black Friars, and so went to his house at Westminster. The Bishop of Carlisle being with him in his barge said unto him, (wiping the sweat from his face), “Sir,” quoth he, “it is a very hot day.” “Yea,” quoth my Lord Cardinal, “if ye had been as well chafed as I have been within this hour, ye would say it were very hot.” And as soon as he came home to his house at Westminster, he went incontinent to his naked bed, where he had not lain fully the space of two hours, but that my Lord of Wiltshire came to speak with him of a message from the king. My lord, having understanding of his coming, caused him to be brought unto his bed’s side; and he being there, showed him the king’s pleasure was, that he should incontinent (accompanied with the other cardinal) repair unto the queen at Bridewell, into her chamber, to persuade her by their wisdoms, advising her to surrender the whole matter unto the king’s hands by her own will and consent; which should be much better to her honour than to stand to the trial of law and to be condemned, which would seem much to her slander and defamation. To fulfil the king’s pleasure, my lord [said] he was ready, and would prepare him to go thither out of hand, saying farther to my Lord of Wiltshire, “Ye and other my lords of the council, which be near unto the king, are not a little to blame and misadvised to put any such fantasies into his head, whereby ye are the causes of great trouble to all the realm; and at length get you but small thanks either of God or of the world,” with many other vehement words and sentences that were like to ensue of this matter, which words caused my Lord of Wiltshire to water his eyes, kneeling all this while by my lord’s bedside, and in conclusion departed. And then my lord rose up, and made him ready, taking his barge, and went straight to Bath Place to the other cardinal; and so went together unto Bridewell, directly to the queen’s lodging: and they, being in her chamber of presence, showed to the gentleman usher that they came to speak with the queen’s grace. The gentleman usher advertised the queen thereof incontinent. With that she came out of her privy chamber with a skein of white thread about her neck, into the chamber of presence, where the cardinals were giving of attendance upon her coming. At whose coming quoth she, “Alack, my lords, I am very sorry to cause you to attend upon me; what is your pleasure with me?” “If it please you,” quoth my Lord Cardinal, “to go into your privy chamber, we will show you the cause of our coming.” “My lord,” quoth she, “if you have any thing to say, speak it openly before all these folks; for I fear nothing that ye can say or allege against me, but that I would all the world should both hear and see it; therefore I pray you speak your minds openly.” Then began my lord to speak to her in Latin. “Nay, good my lord,” quoth she, “speak to me in English I beseech you; although I understand Latin.” “Forsooth then,” quoth my lord, "Madam, if it please your grace, we come both to know your mind, how ye be disposed to do in this matter between the king and you, and also to declare secretly our opinions and our counsel unto you, which we have intended of very zeal and obedience that we bear to your grace." “My lords, I thank you then,” quoth she, “of your good wills; but to make answer to your request I cannot so suddenly, for I was set among my maidens at work, thinking full little of any such matter, wherein there needeth a longer deliberation, and a better head than mine, to make answer to so noble wise men as ye be; I had need of good counsel in this case, which toucheth me so near; and for any counsel or friendship that I can find in England, [they] are nothing to my purpose or profit. Think you, I pray you, my lords, will any Englishmen counsel or be friendly unto me against the king’s pleasure, they being his subjects? Nay forsooth, my lords! and for my counsel in whom I do intend to put my trust be not here; they be in Spain, in my native country. Alas, my lords! I am a poor woman lacking both wit and understanding sufficiently to answer such approved wise men as ye be both, in so weighty a matter. I pray you to extend your good and indifferent minds in your authority unto me, for I am a simple woman, destitute and barren of friendship and counsel here in a foreign region: and as for your counsel I will not refuse but be glad to hear.”
And with that she took my lord by the hand and led him into her privy chamber, with the other cardinal; where they were in long communication: we, in the other chamber, might sometime hear the queen speak very loud, but what it was we could not understand. The communication ended, the cardinals departed and went directly to the king, making to him relation of their talk with the queen; and after resorted home to their houses to supper.
Thus went this strange case forward from court-day to court-day, until it came to the judgment, so that every man expected the judgment to be given upon the next court-day[142]. At which day the king came thither, and sat within a gallery against the door of the same that looked unto the judges where they sat, whom he might both see and hear speak, to hear what judgment they would give in his suit; at which time all their proceedings were first openly read in Latin. And that done, the king’s learned counsel at the bar called fast for judgment. With that, quoth Cardinal Campeggio, "I[143] will give no judgment herein until I have made relation unto the pope of all our proceedings, whose counsel and commandment in this high case I will observe. The case is too high and notable, known throughout the world, for us to give any hasty judgment, considering the highness of the persons and the doubtful allegations; and also whose commissioners we be, under whose authority we sit here. It were therefore reason, that we should make our chief head [of] counsel in the same, before we proceed to judgment definitive. I come not so far to please any man, for fear, meed, or favour, be he king or any other potentate. I have no such respect to the persons that I will offend my conscience. I will not for favour or displeasure of any high estate or mighty prince do that thing that should be against the law of God. I am an old man, both sick and impotent, looking daily for death. What should it then avail me to put my soul in the danger of God’s displeasure, to my utter damnation, for the favour of any prince or high estate in this world? My coming and being here is only to see justice ministered according to my conscience, as I thought thereby the matter either good or bad. And forasmuch as I do understand, and having perceivance by the allegations and negations in this matter laid for both the parties, that the truth in this case is very doubtful to be known, and also that the party defendant will make no answer thereunto, [but] doth rather appeal from us, supposing that we be not indifferent, considering the king’s high dignity and authority within this his own realm which he hath over his own subjects; and we being his subjects, and having our livings and dignities in the same, she thinketh that we cannot minister true and indifferent justice for fear of his displeasure. Therefore, to avoid all these ambiguities and obscure doubts, I intend not to damn my soul for no prince or potentate alive. I will therefore, God willing, wade no farther in this matter, unless I have the just opinion and judgment, with the assent of the pope, and such other of his counsel as hath more experience and learning in such doubtful laws than I have. Wherefore I will adjourn this court for this time, according to the order of the court in Rome, from whence this court and jurisdiction is derived. And if we should go further than our commission doth warrant us, it were folly and vain, and much to our slander and blame; and [we] might be accounted for the same breakers of the order of the higher court from whence we have (as I said) our original authorities." With that the court was dissolved, and no more pleas holden.