The History of England in Three Volumes, Vol. I., Part C.: From Henry VII. to Mary
David Hume · en
agreement for that marriage, which was now represented as so criminal
and unnatural: and that she acquiesced in their judgment, and would not
submit her cause to be tried by a court, whose dependence on her enemies
was too visible, ever to allow her any hopes of obtaining from them an
equitable or impartial decision.[*] Having spoken these words, she rose,
and making the king a low reverence, she departed from the court, and
never would again appear in it.
After her departure, the king did her the justice to acknowledge, that
she had ever been a dutiful and affectionate wife, and that the whole
tenor of her behavior had been conformable to the strictest rules of
probity and honor. He only insisted on his own scruples with regard
to the lawfulness of their marriage; and he explained the origin, the
progress, and the foundation of those doubts, by which he had been so
long and so violently agitated. He acquitted Cardinal Wolsey from having
any hand in encouraging his scruples; and he craved a sentence of the
court agreeable to the justice of his cause.
The legates, after citing the queen anew, declared her contumacious,
notwithstanding her appeal to Rome; and then proceeded to the
examination of the cause. The first point which came before them
was, the proof of Prince Arthur’s consummation of his marriage with
Catharine; and it must be confessed, that no stronger arguments could
reasonably be expected of such a fact after so long an interval. The age
of the prince, who had passed his fifteenth year, the good state of his
health, the long time that he had cohabited with his consort, many of
his expressions to that very purpose; all these circumstances form a
violent presumption in favor of the king’s assertion.[**] Henry himself,
after his brother’s death was not allowed for some time to bear the
title of prince of Wales, in expectation of her pregnancy: the Spanish
ambassador, in order the better to insure possession of her jointure,
had sent over to Spain proofs of the consummation of her marriage:[***]
Julius’s bull itself was founded on the supposition that Arthur had
perhaps had knowledge of the princess: in the very treaty, fixing
Henry’s marriage, the consummation of the former marriage with Prince
Arthur is acknowledged on both sides.[****]
* Burnet, vol. i. p. 73. Hall. Stowe, p. 543.
** Herbert.
*** Burnet, vol. ii. p. 85.
**** Rymer, vol. xiii. p. 81.