Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
[90] The principal authority on the story of Henry's divorce from
Catherine is Burnet, in the first and third volumes of his _History of
the Reformation_; the latter correcting the former from additional
documents. Strype, in his _Ecclesiastical Memorials_, adds some
particulars not contained in Burnet, especially as to the negotiations
with the pope in 1528; and a very little may be gleaned from Collier,
Carte, and other writers. There are few parts of history, on the whole,
that have been better elucidated. One exception perhaps may yet be made.
The beautiful and affecting story of Catherine's behaviour before the
legates at Dunstable is told by Cavendish and Hall, from whom later
historians have copied it. Burnet, however, in his third volume, p. 46,
disputes its truth, and on what should seem conclusive authority, that
of the original register, whence it appears that the queen never came
into court but once, June 18, 1529, to read a paper protesting against
the jurisdiction, and that the king never entered it. Carte accordingly
treated the story as a fabrication. Hume of course did not choose to
omit so interesting a circumstance; but Dr. Lingard has pointed out a
letter of the king, which Burnet himself had printed, vol. i. Append.
78, mentioning the queen's presence as well as his own, on June 21, and
greatly corroborating the popular account. To say the truth, there is no
small difficulty in choosing between two authorities so considerable, if
they cannot be reconciled, which seems impossible: but, upon the whole,
the preference is due to Henry's letter, dated June 23, as he could not
be mistaken, and had no motive to misstate.
This is not altogether immaterial; for Catherine's appeal to Henry, de
integritate corporis usque ad secundas nuptias servatâ, without reply on
his part, is an important circumstance as to that part of the question.
It is however certain, that, whether on this occasion or not, she did
constantly declare this; and the evidence adduced to prove the contrary
is very defective, especially as opposed to the assertion of so virtuous
a woman. Dr. Lingard says that all the favourable answers which the king
obtained from foreign universities went upon the supposition that the
former marriage had been consummated, and were of no avail unless that
could be proved. See a letter of Wolsey to the king, July 1, 1527,
printed in State Papers, temp. Henry VIII. p. 194; whence it appears
that the queen had been consistent in her denial.
[91] Stat. 21, Hen. 8, cc. 5, 6; Strype, i. 73; Burnet, 83. It cost a
thousand marks to prove Sir William Compton's will in 1528. These
exactions had been much augmented by Wolsey, who interfered, as legate,
with the prerogative court.
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