[426] BURNET'S Collectanea, p. 22. It is very singular that in the original Bull of Julius, the expression is "forsan consummavissetis;" while in the brief, which, if it was genuine, was written the same day, and which, if forged, was forged by Catherine's friends, there is no forsan. The fact is stated absolutely.
[427] LORD HERBERT, p. 163. BURNET. vol. iii. p. 123.
[428] State Papers, vol. i. pp. 390. 391.
[429] Ye therefore duly recognising that it becometh you not, being our subject, to enterprise any part of your said office in so weighty and great a cause pertaining to us being your prince and sovereign, without our licence obtained so to do; and therefore in your most humble wise ye supplicate us to grant unto you our licence to proceed.—State Papers, vol. i. p. 392.
[430] State Papers, vol. i. p. 392.
[431] Cromwell to the King on his Committal to the Tower: BURNET, Collectanea, p. 500.
[432] So at least she called him a few days later.—State Papers, vol. i. p. 420. We have no details of her words when she was summoned; but only a general account of them.—State Papers, vol. i. p. 394-5.
[433] The words of the sentence may be interesting:—"In the name of God, Amen. We, Thomas, by Divine permission Archbishop of Canterbury, Primate of all England, and Legate of the Apostolic See, in a certain cause of inquiry of and concerning the validity of the marriage contracted and consummated between the most potent and most illustrious Prince, our Sovereign Lord, Henry VIII., by the grace of God King of England and France, Defender of the Faith, and Lord of Ireland, and the most serene Princess, Catherine, daughter of his Most Catholic Majesty, Ferdinand, King of Spain, of glorious memory, we proceeding according to law and justice in the said cause which has been brought judicially before us in virtue of our office, and which for some time has lain under examination, as it still is, being not yet finally determined and decided; having first seen all the articles and pleas which have been exhibited and set forth of her part, together with the answers made thereto on the part of the most illustrious and powerful Prince, Henry VIII.; having likewise seen and diligently inspected the informations and depositions of many noblemen and other witnesses of unsuspected veracity exhibited in the said cause; having also seen and in like manner carefully considered not only the censures and decrees of the most famous universities of almost the whole Christian world, but likewise the opinions and determinations both of the most eminent divines and civilians, as also the resolutions and conclusions of the clergy of both Provinces of England in Convocation assembled, and many other wholesome instructions and doctrines which have been given in and laid before us concerning the said marriage; having further seen and in like manner inspected all the treaties and leagues of peace and amity on this account entered upon and concluded between Henry VII., of immortal fame, late King of England, and the said Ferdinand, of glorious memory, late King of Spain; having besides seen and most carefully weighed all and every of the acts, debates, letters, processes, instruments, writs, arguments, and all other things which have passed and been transacted in the said cause at any time; in all which thus seen and inspected, our most exact care in examining, and our most mature deliberation in weighing them hath by us been used, and all other things have been observed by us, which of right in this matter were to be observed; furthermore, the said most illustrious Prince, Henry VIII., in the forementioned cause, by his proper Proctor having appeared before us, but the said most serene Lady Catherine in contempt absenting herself (whose absence we pray that the divine presence may compensate) [cujus absentia Divinâ repleatur præsentiâ. Lord Herbert translates it, "whose absence may the Divine presence attend," missing, I think, the point of the Archbishop's parenthesis] by and with the advice of the most learned in the law, and of persons of most eminent skill in divinity whom we have consulted in the premises, we have found it our duty to proceed to give our final decree and sentence in the said cause, which, accordingly, we do in this manner.
"Because by acts, warrants, deductions, propositions, exhibitions, allegations, proofs and confessions, articles drawn up, answers of witnesses, depositions, informations, instruments, arguments, letters, writs, censures, determinations of professors, opinions, councils, assertions, affirmations, treaties, and leagues of peace, processes, and other matters in the said cause, as is above mentioned, before us laid, had, done, exhibited, and respectively produced, as also from the same and sundry other reasons, causes, and considerations, manifold arguments, and various kinds of proof of the greatest evidence, strength, and validity, of which in the said cause we have fully and clearly informed ourselves, we find, and with undeniable evidence and plainness see that the marriage contracted and consummated, as is aforesaid, between the said most illustrious Prince, Henry VIII., and the most serene Lady Catherine, was and is null and invalid, and that it was contracted and consummated contrary to the law of God: therefore, we, Thomas, Archbishop, Primate, and Legate aforesaid, having first called upon the name of Christ for direction herein, and having God altogether before our eyes, do pronounce sentence, and declare for the invalidity of the said marriage, decreeing that the said pretended marriage always was and still is null and invalid; that it was contracted and consummated contrary to the will and law of God, that it is of no force or obligation, but that it always wanted, and still wants, the strength and sanction of law; and therefore we sentence that it is not lawful for the said most illustrious Prince, Henry VIII., and the said most serene Lady Catherine, to remain in the said pretended marriage; and we do separate and divorce them one from the other, inasmuch as they contracted and consummated the said pretended marriage de facto, and not de jure; and that they so separated and divorced are absolutely free from all marriage bond with regard to the foresaid pretended marriage, we pronounce, and declare by this our definitive sentence and final decree, which we now give, and by the tenour of these present writings do publish. May 23rd, 1533."—BURNET'S Collectanea, p. 68, and LORD HERBERT.
[434] HALL.