proved in the law, as also some that were of her counsel do avow. 3rdly. That upon proof so sufficiently made of carnal knowledge, divorce was made between your Highness and her. 4thly. That upon divorce made by lawful sentence, she was admonished to leave the name of a queen, and not to account or call herself hereafter your Highness's wife. 5thly. How that after your Highness was discharged of the marriage made with her, you contracted new marriage with your dearest wife queen Anne. 6thly. That forasmuch as (thanked be God) fair issue is already sprung of this marriage, and more likely to follow by God's grace, that the whole body of the realm gathered together in parliament hath for the stablishment of this issue by your dearest wife queen Anne, and the succession coming of this marriage, made acts and ordinances against all them that would in word or in deed withstand them: and that for these purposes we were sent unto her grace, to the intent she might understand the true purport of these acts with the pains, least by ignorance she should fall in any of them, and so I declared the act. Which things being thus declared unto her, she being upon it in great choler and agony, and always interrupting our words, to the aforesaid points made these answers following. To the 1st, that she took the matrimony between your Highness and her to be good, and so would always account herself to be your Highness's lawful wife; in which opinion, she said, she would continually till death persist. To the 2d, she utterly denied that ever carnal knowledge was had between her and prince Arthur, and that she would never confess the contrary; and with a loud voice, when mention was made of this point, she said, they lied falsely that so said. To the 3rd she answered, that she is not bound to stand to the divorce made by my lord of Canterbury, whom she called a shadow; and that although he had given sentence against her, yet the pope had given sentence with her, whom she took for Christ's vicar, and therefore would always obey him as his faithful daughter. To the 4th she answered, that she would never leave the name of a queen, and would always take herself for your Highness's wife. To the 5th she said, that this marriage, made after her appeal, which she made by your Highness's leave and consent, is of no value. To the 6th she answered, that she is not bound to the acts of parliament, forasmuch as she is your Highness's wife, and not sub ject to your Highness, and also because these acts were made by your Highness's subjects in your favour, your Highness being party in this matter, with diverse other unseeming words. Unto which her answer, I, the Bishop of Durham, replying, forasmuch as she had said in her communication, that both I and the residue of her counsel had always showed unto her that her matter was just and good, I said that all the question whereupon we were consulted at such time as the legates were here, depended only upon the validity of the bull and brief. Albeit I said, that sith that time divers other questions had risen, and had been debated by many universities, the chief of Christendom, of which one was Bononia, the pope's own town, and by them concluded, that after the decease of the brother who had carnal knowledge with his wife, the brother living might not marry the said wife by any dispensation of the pope, because it was forbidden by the law of God. And forasmuch as the pope (albeit the said conclusions have been by learned men sent from your Highness declared unto him) never made answer, to maintain lawfully his power to the contrary, but rather, in confirmation of the opinions of the said universities, said at Marsile, that if your Grace would send a proxie thither he would give the sentence for your Highness against her, because that he knew that the cause was good and just; which his saying was according also to an epistle decretal, sent hither by the legate Campegius, whereof the effect was, that if marriage and carnal knowledge was had betwixt prince Arthur and her, the legates should pronounce for the divorce, according whereunto proofs were brought in before the legates, and also since before the convocations of this realm and the bishops of Canterbury, and by them allowed and approved as sufficient and lawful; whereby it doth plainly appear that the sentence given by the pope to the contrary was not valeable, because it pronounced the dispensation, which he had no power to grant, seeing it was against the law of God, to be good, therefore I had now changed my former opinion, and exhorted her to do the semblable, and to forbear to usurp any more the name of a queen, specially for that the sentence which she sticketh so greatly unto, was given after your Grace's appeal to the council general, and intimate to the pope, so that it could not be valeable, and that if she would so do, she might thereby attain much quiet ness for herself and her friends, and that she being conformable so to do, I doubt not but your Highness would suffer her to have about her such persons as should be to her pleasure, and intreat her as your Grace's most dearest sister, with all liberty and pleasure; with divers other things which by her much interlacing I was forced to answer unto. The specialties whereof and of her obstinacy, that she will no ways ne for any peril or loss of her life and her goods, relinquish the name of a queen, we do remit for tediousness unto the wisdoms and directions of my lord of Chester, master almoner, and Mr. Redell, who as they have very substantially, wisely, and effectually ordered themselves in the execution of the premises, so we doubt not they will sincerely report the circumstances unto your Highness: whom we beseech Almighty God long to preserve in much honour, to his pleasure, and your Highness's desire. At Huntington, May the 21st day. By your Highness's Most humble subjects, servants, and chaplains, EDVARDUS EBOR. CUTHBERT DURESME. 17. Biblioth. fol. 207. XXVI. Protestatio sive Confessio facta per quosdam Episcopos, Decanos, et Magistros Ecclesiarum Cathedralium, quod Episcopus Romanus non habet majorem aliquam Jurisdictionem a Deo sibi collatam in hoc regno Angliæ quam quivis alius externus Episcopus. Illustrissimo et excellentissimo principi domino Henrico Cleop. E. vi. Octavo, Dei gratia Angliæ et Franciæ regi, Fidei Defensori, et domino Hiberniæ; Edvardus permissione divina Eborum Archiepiscopus, Angliæ Primas et Metropolitanus, salutem in eo per quem reges regnant et principes dominantur. Vestræ regiæ celsitudini tenore præsentium innotescimus, et significamus, quod cum juxta vestræ majestatis regiæ mandatum coram prælatis et clero Eborum provinciæ, in sacra synodo provinciali, sive convocatione prælatorum et cleri ejusdem provinciæ Eborum, in domo capitulari Ecclesiæ metropolitica Eborum, quinto die mensis Maii anno Domini 1534 jam instantis, cele brata, et de diebus in dies continuata, congregatis; proposita fuit sequens conclusio, quod Episcopus Romanus in sacris Scripturis non habet aliquam majorem jurisdictionem in regno Angliæ quam quivis alius externus episcopus. Ac insuper ex parte præsidentium in eadem synodo per nos deputatorum memorati prælati et clerus rogati et requisiti, ut illam conclusionem suo consensu confirmarent et corroborarent, si illam veritati consonam, et sacris Scripturis non repugnantem existimarent aut judicarent: tandem dicti prælati et cleri Eborum provinciæ antedictæ, post diligentem tractatum in ea parte habitum ac maturam deliberationem unanimiter et concorditer, nemine eorum discrepante, prædictam conclusionem fuisse et esse veram affirmarunt, et eidem concorditer consenserunt: quæ omnia et singula vestræ regiæ celsitudini tenore præsentium intimamus et significamus. In quorum omnium et singulorum fidem et testimonium, sigillum nostrum præsentibus apponi fecimus. Dat. in manerio nostro de Cawood, primo die mensis Junii 1534, et nostræ consecrationis anno tertio. Consimilis protestatio sive confessio facta per episcopos et decanos infrascriptos, viz. Ep. Litchf. et Covent. Ep. Menevens. Ep. Bath. et Wellens. et Decanum Ecclesiæ Cathedralis cum 15 aliis. Priorum et Capitulum Ecclesiæ Cathedralis Menevens. propriis signis subscript. manibus cum 7 aliis. Præceptorem Ecclesiæ Cathedralis de Landavens. subscript. cum 4 aliis. Decanum et Capitulum Sancti Pauli London. subscript. cum 78 aliis. Decanum et Capitulum Assavens. subscript. cum 3 aliis. Decanum et Capitulum Ecclesiæ Cathedralis Lincoln. subscript. cum 70 aliis. Consimilis protestatio facta fuit per 34 abbates monasteriorum maxime insignium, cum multis de eorum conventibus. Ditto, fol. 209. XXVII. Protestatio, &c. Universitatis Oxon. Quod Romanus Episcopus non habet majorem aliquam Jurisdictionem sibi a Deo collatam in hoc regno Angliæ quam quivis alius externus Episcopus. Universis sanctæ Matris Ecclesiæ filiis ad quos præsentes literæ pervenerint, Joannes permissione divina Lincoln. Episcopus almæ Universitatis Oxon. Cancellarius, necnon universus doctorum ac magistrorum regentium et non regentium in eadem cœtus, salutem in Autore salutis. Quum illustrissimus simul ac potentissimus princeps et dominus noster Henricus Octavus Dei gratia Angliæ et Franciæ rex, Fidei Defensor, et dominus Hyberniæ; assiduis petitionibus et querelis subditorum suorum in summo suo parliamento, super intolerabilibus potestatum exterarum exactionibus, nuper propositis; controversiisque quibusdam habitis super potestate ac jurisdictione Romani episcopi variisque et urgentibus causis contra eundem episcopum tunc ibidem expositis et declaratis, aditus atque rogatus fuerit ut commodis suorum subditorum in hac parte consuleret, et querelis satisfaceret; ipse tanquam prudentissimus Salomon solicite curans quæ suorum sunt subditorum, quibus in hoc regno, divina disponente clementia, præest; aliasque secum considerans quo pacto commodissimas regno suo sanciret leges; denique ante omnia præcavens ne contra sacram Scripturam aliquod statuat, quod vel ad sanguinem usque defendere semper fuit, et erit paratissimus: solerti suo ingenio sagacique industria, quandam quæstionem ad hanc academiam Oxon. publice et solenniter per doctores et magistros ejusdem disputandam, transmisit, viz. "An Romanus episcopus habeat majorem aliquam jurisdictionem sibi a Deo collatam in sacra Scriptura in hoc regno Angliæ quam quivis alius externus episcopus?" Mandavitque ut habita super hac quæstione matura examinatione et deliberatione diligenti, quid sacræ literæ nostro judicio in hac parte statuant, eundem certiorem facere, sub instrumento sigillo communi nostræ Universitatis communito et firmato, curaremus. Nos igitur cancellarius, doctores, ac magistri prædicti sæpe reminiscentes ac penitus apud nos pensitantes, quanta sit virtus sanctitas, ac nostræ professioni quam consona res, et debitæ submissioni, obedientiæ, reverentiæ, ac charitati congrua, præmonstrare |