The Trial resumed—Catherine Summoned—Twelve Articles—The Witnesses' Evidence—Arthur and Catherine really married—Campeggio opposes the Argument of Divine Right—Other Arguments—The legates required to deliver judgment—Their Tergiversations—Change in men's minds—Final Session—General Expectation—Adjournment during Harvest—Campeggio Excuses this impertinence—The King's indignation—Suffolk's violence—Wolsey's Reply—He is ruined—General Accusations—The Cardinal turns to an Episcopal Life.
THE TRIAL RESUMED.
The trial was resumed. The bishop of Bath and Wells waited upon the queen at Greenwich, and peremptorily summoned her to appear in the parliament-chamber.[998] On the day appointed Catherine limited herself to sending an appeal to the pope. She was declared contumacious, and the legates proceeded with the cause.
Twelve articles were prepared, which were to serve for the examination of the witnesses, and the summary of which was, that the marriage of Henry with Catherine, being forbidden both by the law of God and of the church, was null and void.[999]
The hearing of the witnesses began, and Dr. Taylor, archdeacon of Buckingham, conducted the examination. Their evidence, which would now be taken only with closed doors, may be found in Lord Herbert of Cherbury's History of Henry VIII. The duke of Norfolk, high-treasurer of England, the duke of Suffolk, Maurice St. John, gentleman-carver to Prince Arthur, the Viscount Fitzwalter and Anthony Willoughby, his cup-bearers, testified to their being present on the morrow of the wedding at the breakfast of the prince, then in sound health, and reported the conversation that took place.[1000] The old duchess of Norfolk, the earl of Shrewsbury, and the marquis of Dorset, confirmed these declarations, which proved that Arthur and Catherine were really married. It was also called to mind that, at the time of Arthur's death, Henry was not permitted to take the title of prince of Wales, because Catherine hoped to give an heir to the crown of England.[1001]
SECONDARY ARGUMENTS.
"If Arthur and Catherine were really married," said the king's counsellors after these extraordinary depositions, "the marriage of this princess with Henry, Arthur's brother, was forbidden by the divine law, by an express command of God contained in Leviticus, and no dispensation could permit what God had forbidden." Campeggio would never concede this argument, which limited the right of the popes; it was necessary therefore to abandon the divine right (which was in reality to lose the cause), and to seek in the bull of Julius II and in his famous brief for flaws that would invalidate them both;[1002] and this the king's counsel did, although they did not conceal the weakness of their position. "The motive alleged in the dispensation," they said, "is the necessity of preserving a cordial relation between Spain and England; now, there was nothing that threatened their harmony. Moreover, it is said in this document that the pope grants it at the prayer of Henry, prince of Wales. Now as this prince was only thirteen years old, he was not of age to make such a request. As for the brief, it is found neither in England nor in Rome; we cannot therefore admit its authenticity." It was not difficult for Catherine's friends to invalidate these objections. "Besides," they added, "a union that has lasted twenty years, sufficiently establishes its own lawfulness. And will you declare the Princess Mary illegitimate, to the great injury of this realm?"
The king's advocates then changed their course. Was not the Roman legate provided with a decretal pronouncing the divorce, in case it should be proved that Arthur's marriage had been really consummated? Now, this fact had been proved by the depositions. "This is the moment for delivering judgment," said Henry and his counsellors to Campeggio. "Publish the pope's decretal." But the pope feared the sword of Charles V, then hanging over his head; and accordingly, whenever the king advanced one step, the Romish prelate took several in an opposite direction. "I will deliver judgment in five days," said he; and when the five days were expired, he bound himself to deliver it in six. "Restore peace to my troubled conscience," exclaimed Henry. The legate replied in courtly phrase; he had gained a few days' delay, and that was all he desired.
DIFFERENT OPINIONS.
Such conduct on the part of the Roman legate produced an unfavourable effect in England, and a change took place in the public mind. The first movement had been for Catherine; the second was for Henry. Clement's endless delays and Campeggio's stratagems exasperated the nation. The king's argument was simple and popular: "The pope cannot dispense with the laws of God;" while the queen, by appealing to the authority of the Roman pontiff, displeased both high and low. "No precedent," said the lawyers, "can justify the king's marriage with his brother's widow."