BOOK II. 1529. agrees with the Em peror : : The matter was such, that by the canon law it could not be denied. For to grant an avocation of a cause upon good reason, from the delegated to the supreme court, was a thing which by the course of law was very usual and it was no less apparent that the reasons of The Pope the Queen's appeal were just and good. But the secret and most convincing motives, that wrought more on the Pope than all other things, were, that the treaty between him and the Emperor was now concerted therefore, this being to be published very speedily, the Pope thought it necessary to avocate the matter to Rome before the publication for the peace, lest, if he did it after, it should be thought that it had been one of the secret articles of the treaty, which would have cast a foul blot upon him. Yet, on the other hand, he was not a little perplexed with the fears he had of losing the King of England; he knew he was a man of an high spirit, and would resent what he did severely." And the Cardinal now again ordered Numb. 29. "Dr. Bennet in his name, and as with tears in his eyes, lying at the Pope's feet, to assure him, that the "King and kingdom of England were certainly lost if "the cause were avocated: therefore he besought him "to leave it still in their hands, and assured him, that "for himself, he should rather be torn in pieces joint by joint than do any thing in that matter contrary "to his conscience or to justice." These things had plexities. been oft said, and the Pope did apprehend that ill effects would follow for if the King fell from his obedience to the apostolic see, no doubt all the Lutheran princes, who were already bandying against the Emperor, would join themselves with him; and the interests of France would most certainly engage that King also into the union, which would distract the church, give encouragement to heresy, and end in the utter ruin of the popedom. But in all this the crafty Collect. Yet is in great per II. 1529. Pope comforted himself, that many times threatenings BOOK are not intended to be made good, but are used to terrify; and that the King, who had written for the faith against Luther, and had been so ill used by him, would never do a thing that would sound so ill, as, because he could not obtain what he had a mind to, therefore to turn heretic: he also resolved to caress the French King much, and was in hopes of making peace between the Emperor and him. But that which went nearest the Pope's heart of all other things, was the setting up of his family at Florence; and the Emperor having given him assurance of that, it weighed down all other considerations. Therefore he resolved he would please the Emperor, but do all he could not to lose the King: so on the ninth of July, he sent for the King's ambassadors, and told them, the process was now so far set on in England, and the avocation so earnestly pressed, that he could deny it no longer; for all the lawyers in Rome had told him, the thing could not be denied in the common course of justice. Upon this the ambassadors told him what they had in commission to say against it, both from the King and the Cardinal, and pressed it with great vehemence: so that the Pope by many sighs and tears shewed how deep an impression that which they said made upon him: he wished himself dead, that he might be delivered out of that martyrdom and added these words, which, because of their savouring so much of an apostolical spirit, I set down : Woe is me, nobody apprehends all those evils better than I do. But I am so between the hammer and the forge, that, when I would comply with the King's desires, the whole storm then must fall on my head; and, which is worse, on the church of Christ. They did object the many promises he had made them, both by word of mouth, and under his hand. He answered, He desired BOOK to do more for the King than he had promised: but it II. was impossible to refuse what the Emperor now demand1529. ed, whose forces did so surround him, that he could not only force him to grant him justice, but could dispose of him and all his concerns at his pleasure. The ambassadors, seeing the Pope was resolved to grant the avocation, pressed against it no further, but studied to put it off for some time: and therefore proposed, that the Pope would himself write about it to the King, and not grant it till he received his answer. Of all this they gave advertisement to the King, and wrote to him, that he must either drive the matter to a sentence in great haste, or, to prevent the affront of an avocation, suspend the process for some time. They also advised the searching all the packets that went or came by the way of Flanders; and to keep up all Campegio's letters, and to take care that no bull might come to England; for they did much apprehend that the avocation would be granted within very few days. Their next dispatch bore, that the Pope had sent for The avo- them to let them know, that he had signed the avocation the day before. But they understood another way, that the treaty between the Emperor and him was finished, and the peace was to be proclaimed on the eighteenth of July; and that the Pope did not only fear the Emperor more than all other princes, but that he also trusted him more now. On the nineteenth of July, the Pope sent a messenger with the avocation to England, with a letter to the Cardinal. To the July 26. cation is granted. Collect. Numb. 30. King he wrote afterwards. The pro ceedings of All this while Campegio, as he had orders from the the Legates. Pope to draw out the matter by delays, so he did it very dexterously and in this he pretended a fair excuse, that it would not be for the King's honour to precipitate the matter too much, lest great advantages might be taken from that by the Queen's party. That II. 1529. therefore it was fit to proceed slowly, that the world BOOK might see with what moderation as well as justice the matter was handled. From the twenty-fifth of June, the court adjourned to the twenty-eighth, ordering a second citation for the Queen, under the pains of contumacy, and of their proceeding to examine witnesses. And on the twenty-eighth they declared the Queen contumacious a second time; and examined several witnesses upon the articles, and adjourned to the fifth of July. On that day the bull and breve were read in court, and the King's counsel argued long against the validity of the one, and the truth of the other, upon the grounds that have been already mentioned; in which Campegio was much disgusted to hear them argue against the Pope's power of granting such a dispensation in a matter that was against a divine precept, alleging that his power did not extend so far. This the Legates overruled, and said, that that was too high. a point for them to judge in, or so much as to hear argued; and that the Pope himself was the only proper judge in that: “ and it was odds but he would 'judge favourably for himself." The court adjourned to the twelfth, and from that to the fourteenth. On these days the depositions of the rest of the witnesses were taken, and some that were ancient persons were examined by a commission from the Legates; and all the depositions were published on the seventeenth; other instruments relating to the process were also read and verified in court. On the twenty-first the court sate to conclude the matter, as was expected, and the instrument that the King had signed when he came of age, protesting that he would not stand to the contract made when he was under age, was then read and verified. Upon which the King's counsel (of whom Gardiner was the chief) closed their evidence, and summed up all that had been brought; and, in the 66 II. 1529. All things for a sen tence. BOOK King's name, desired sentence might be given. But Campegio, pretending that it was fit some interval should be between that and the sentence, put it off till are ready the twenty-third, being Friday; and in the whole process he presided, both being the ancienter cardinal, and chiefly to shew great equity; since exceptions might have been taken, if the other had appeared much in it: so that he only sate by him for form; but all the orders of the court were still directed by Campegio. On Friday there was a great appearance, and a general expectation; but by a strange surprise Campegio adCampegio journed the court to the first of October, for which he the court; pretended, that they sate there as a part of the con adjourned Which gives great offence. sistory of Rome, and therefore must follow the rules of that court, which from that time till October was in a vacation, and heard no causes: and this he averred to be true on the word of a true prelate. The King was in a chamber very near, where he heard what passed, and was inexpressibly surprised at it. The Dukes of Norfolk and Suffolk were in court, and complained much of this delay; and pressed the Legates to give sentence. Campegio answered, That what they might then pronounce would be of no force, as being in vacation-time; but gave great hopes of a favourable sentence in the beginning of October. Upon which the Lords spake very high. And the Duke of Suffolk, with great commotion, swore by the mass, that he saw it was true which had been commonly said, That never Cardinal yet did good in England; and so all the temporal lords went away in a fury, leaving the Legates (Wolsey especially) in no small perplexity. Wolsey knew it would be suspected that he understood this beforehand, and that it would be to no purpose for him, either to say he did not know, or could not help it; all apologies being ill heard by an enraged Prince. Campegio had not much to lose in England but his |