King Henry VIII.

Mr. Foxe, the Martyrologift, breaks out into High Invectives against this Proceeding; and does not flick to tax Parliaments themselves with very fcandalous temporizing Measures. In the Course of his Hiftory, he has beftowed many fevere Cenfures on thofe of our Kings who any Ways perfecuted Lollards or Hereticks; but here, out of Regard to the Memory of his Martyr Cromwell, he has taken Pains to fhew, by feveral Inftances, drawn from his own Work, how fervile Parliaments have been to the capricious Humours of their Princes. We are perfuaded that his own Words will be no difagreeable Entertainment to the Reader (t).

ment.

Such malicious Makebates about Princes and ‚' Parliaments never lacked in Commonweals. By fuch King Ethelftane was incenfed to kill his Brother Edwine. So was King Edward the 2d depofed. So likewife when King Richard the 2d < was once brought into the Tower, what Crimes and Accufations were laid against him in ParliaSo was Humphry, the good Duke of Glocefter, the King's Uncle, by Henry Beauford, Bi'fhop of Winchester, and others, in the Parliament holden at Bury, arrested as a Traitor and falfly made away. What great Treafon was in the • Words of him, who dwelling in Cheapfide, at the Sign of the Crown, faid merrily to his Son, that if he lived, he would make him Heir to the Crown; and yet was he therefore attainted and judged for a Traitor. In the Time of King Henry the 8th, how was that Parliament incenfed, wherein both 6 Queen Ann was falfly condemned, and Queen Elizabeth difinherited. To omit the Attainder of the 'Duke of Buckingham, wrought by the Cardinal of York; of the Lord Cobham likewife and Sir Roger Acton. If the Caufe of Henry, late Earl of Surrey, was well tried out, peradventure no fuch heinous · Purpose of Treafon fhould be found therein as was 6 then,

tesbury for Buggery, and William Boid, Clerk, his Chaplain, who were both atta:nted in this Parliament; but treasonable Words, Conjurations c. were allo laid to their Charge. Burnet 361.

(t) Foxe's Acts and Monuments, Vol. II. Pag. 1085.

then made. Who incenfed the late Duke of So- King Henry VIII. merset to behead his own Brother, but fuch Makebates as these? and afterwards when the faid Duke himself was attainted for a Traitor, and condemned for a Felon, a Briber and an Extortioner, how was the Parliament then incensed? Adam Damlip received of Cardinal Pool, at Rome, by Way of Alms, but a filly Crown; and therefore, by means of Stephen Gardiner, was attainted for a Traitor. • Not that I here speak or mean any Thing, adds our Author, against the High Court of Parliament of this Realm, &c. And fo he goes on, daubing over the Charms he has here made in this great Branch of our English Legislature, for half a Folio-Page together. But to proceed with our own Hiftory,

On the 6th Day of July, after the reft of the Bufinefs was done in the House, the Lord Chancellor, the Archbishop of Canterbury, the Dukes of Norfolk and Suffolk, the Earl of Southampton and the Bifhop of Durham, partly, by the Mouth of the Chancellor, and, partly, by their own, spoke to the rest of the Peers, to this Effect:

'That they very well knew what bloody and cruel Slaughter had formerly been acted in this Kingdom, by reafon of various Contentions oc'cafioned by dubious Titles to the Succeffion of this 'Crown. And, fince, by the Grace of God, all 'these Controverfies were ceased, and all those • Titles were united, 'by the divine Benevolence, ⚫ in the fingle Perfon of his moft ferene Majefty; fo 'that no Occafion of Discord could arife, unless this 'fhould happen, That their only Hope, the noble • Prince Edward, undoubted Heir to his Father's Kingdoms, fhould be taken from them, by fome finifter Accident. In that Cafe, which God avert, it is neceffary for the general Safety, that fome other future Heir, by the divine Goodnefs, may be born to them, in true and lawful Wedlock. And, fince this is very doubtful by the late-contracted Marriage of his Majefty and the most noble Lady • Ann of Cleve; because of fome Impediments, which, upon Enquiry, may arife to make the Va

L 3

6

lidity

6

King Henry VIII. lidity of that Marriage dubious. Also, for the Quietnefs and Concord of the whole Commonwealth, in fucceeding Times, that nothing of this Kind fhould fpring up to disturb it, it was their ferious Advice to their Lordships to take it into the Confideration of the whole Houfe; and that a ⚫ Matter of fuch high Concern, to every Degree of 'Men in the Kingdom, might be properly confidered, it was neceflary that the House of Commons fhould be alfo confulted about it. That, afterwards a Committee of both Houfes fhould be appointed to wait upon his Majefty, humbly opening to him, as far as Decency would admit of, their Doubts and Scruples in this Matter, and humbly intreating that he would please to acquaint them whether the aforefaid Marriage was valid or < not. And, that his Majefty would permit the Judgment and Decifion of this Question to be laid before the Archbishops, Bishops, Deans, Archdeacons and the whole Clergy of England, now aflembled in Convocation."

The Parliament

propose to the King an Inquiry into the Validity of his laft Marriage.

The whole Houfe of Peers came to an unanimous Refolution, on the Chancellor's Motion, to fend fome of their Members to the Houfe of Commons, to acquaint them with the Particulars of it. And, to defire that, after due Deliberation had thereon, they would fend back fix of their Body to inform their Lordships of the Refult of their Confultati

on.

The Commons fent Sir Thomas Cheney Knight, Treasurer of the King's Houfhold, and Sir William Kingflon, Comptroller, with others, to the Number of Twenty, as a Committee of their Houfe, to go along with the Lords, without Delay, to wait upon his Majefty with the aforefaid humble Supplication. All the Temporal Lords and this Committee, accordingly, waited on the King, when the Chancellor opened the Caufe of their coming; by, first, returning his Majefty their hearty Thanks for all his Kindneffcs and Indulgences to them, particularly, for the late Act of Grace. And, then told him, that they had a Matter of great Moment to communicate, if his Majefty would give them Leave, and pardon

their

their Prefumption. The King anfwered,

That King Henry VIII.

⚫ he could never expect that any Thing would come from them that was either evil, dishonest or un• reasonable, and therefore bad them speak their Minds, freely, to him.' And, after the Chancellor had delivered the aforefaid Addrefs, his Majefty, again, replied, That, indeed, their Meffage was of fuch a Nature, that he could neither deny nor grant their Requeft; but that, however,' he would refer the Difquifition of this important Question to the Judgment and Determination of the Clergy, in the Convocation of both Provinces. In which Order, he believed, there were as many C grave, learned, honeft and pious Men, as could any where be found, who would not fay a Thing which was not just and right; and to these he would Which Henry re• commit the Affair, for their Examinations;' and vocation, ordered his Letters Patents to be made out accordingly.

fers to the Con

This Business was very foon concluded; for we are told by the Journal, that on the 10th Day of June, the two Archbishops and the rest of the Bifhops declared to the House of Lords, that they had examined into the Affair of the Marriage, by virtue of the King's Commiffion directed to them, and, that, both by divine and human Law, they had found it invalid. Which Sentence they produced under the Hands and Seals of them all; and which being publickly read and approved on, two of that reverend Body were affigned to carry it down to the House of Commons for their Approbation. And, in confe- In confequenc quence thereof, a Bill was brought in the very next whereof, he is divorced; Day, concerning the Invalidity of the Marriage between the King's Majefty and Lady Ann of Cleve, which paffed the House of Lords the Day after; and in a few Days more was expedited thro' the House of Commons. And Henry, who had always another Wife ready, on the Death or Divorce of a former, was publickly married to the Lady Katharine Ho And married to ward, Neice to the Duke of Norfolk. Thus, fays Howard. Lord Herbert, a Law was paffed, declaring the Marriage void, on the Sentence of the Clergy of England,

and

Lady Katharine

King Henry VIII, and the Lady's forc'd Confent; making it High Treafon for any one to judge or believe otherwife (u).

Acts pafs'd.

Mr. Rapin, after producing Arguments to invalidate the feveral Reasons which Henry gave for this lecond Divorce, concludes with this Reflection (x). He fays, That the King must have had a very ill Opinion both of the Convocation, the Parliament, and the Publick, to alledge fuch extraor6 dinary Causes for this Divorce. But, the Clergy thought thofe Reasons folid, and paffed a Sentence of Divorce upon them; and the Parliament was fo abject, as to prostitute themselves to the King's Paf• fion, and confirm the Sentence; not one fingle • Vote being against it: So much did every one dread the King's Difpleasure.' He adds, This is a remarkable Evidence of what I have often intimated, that in every Thing transacted in England, during the latter Part of Henry VIIIth's Reign, the Clergy and Parliaments ought to be confidered, < only, as the King's Inftruments to gratify his Paf'fions. To him was due the Praise of whatever was good and useful; and, he it is that ought to be blamed for whatever was done amifs. Mean while, the Parliament and Clergy are inexcufable, 'for not having endeavoured to fupport the Cause of Truth and Juftice, when they believed them to be oppreffed.'

The rest of the Acts thought proper to be taken Notice of, by the noble Hiftorian, are thefe ;

Another Act alfo was made, fhewing, What Marriages were lawful, and what not. Wherein is ordained, that all Marriages, without the Degrees prohibited by God's Law, made and confummate by carnal Knowledge, fhall be firm and good; notwithstanding any Precontract, which hath not been fo confummate. But this Law was repealed and 2 Phil. and Mar, and 1 Eliz. 1.

Other Acts alfo were pafled this Seffion of Parliament, which began April 12. Among which I thought.

(u) Kennet. Vol. II. Pag. 224.

(x) Iliflory of England, Vol. I. Pag. 826: