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ability must have known that no dispensation would be held valid that was granted after so preposterous a confidence. It was as if a man putting in a claim for some great property, before the case came on for trial privately informed both judge and jury that it was based on forgery.

      We are called on to explain further, why, when all Europe was shaken by the controversy, no hint is to be found in any public document of a fact which, if true, would be decisive; and yet more extraordinary, why the Pope and the Curia, when driven to bay in all the exasperation of a furious controversy, left a weapon unused which would have assured them an easy victory. Wolsey was not a fool. Is it conceivable that he would have composed a document so fatal and have drawn the Pope’s pointed attention to it? My credulity does not extend so far. We cannot prove a negative; we cannot prove that Henry had not intrigued with Mary Boleyn, or with all the ladies of his court. But the language of the dispensation cannot be adduced as an evidence of it, unless King, Pope, and all the interested world had parted with their senses.

      As to the story itself, there is no ground for distinguishing between the mother and the daughter. When it was first set circulating both were named together. The mother only has been dropped, lest the improbability should seem too violent for belief. That Mary Boleyn had been the King’s mistress before or after her own marriage is now asserted as an ascertained fact by respectable historians – a fact sufficient, can it be proved, to cover with infamy for ever the English separation from Rome, King, Ministers, Parliaments, Bishops, and every one concerned with it. The effectiveness of the weapon commends it to Catholic controversialists. I have only to repeat that the evidence for the charge is nothing but the floating gossip of Catholic society, never heard of, never whispered, till the second stage of the quarrel, when it had developed into a passionate contest; never even then alleged in a form in which it could be met and answered. It could not have been hid from Queen Catherine if it was known to Reginald Pole. We have many letters of Catherine, eloquent on the story of her wrongs; letters to the Emperor, letters to the Pope; yet no word of Mary Boleyn. What reason can be given save that it was a legend which grew out of the temper of the time? Nothing could be more plausible than to meet the King’s plea of conscience with an allegation which made it ridiculous. But in the public pleadings of a cause which was discussed in every capital in Europe by the keenest lawyers and diplomatists of the age, an accusation which, if maintained, would have been absolutely decisive, is never alluded to in any public document till the question had passed beyond the stage of discussion. The silence of all responsible persons is sufficient proof of its nature. It was a mere floating calumny, born of wind and malice.

      Mr. Brewer does indeed imagine that he has discovered what he describes as a tacit confession on Henry’s part. When the Act of Appeals was before the House of Commons which ended the papal jurisdiction in England, a small knot of Opposition members used to meet privately to deliberate how to oppose it. Among these one of the most active was Sir George Throgmorton, a man who afterwards, with his brother Michael, made himself useful to Cromwell and played with both parties, but was then against the divorce and against all the measures which grew out of it. Throgmorton, according to his own account, had been admitted to an interview with the King and Cromwell. In 1537, after the Pilgrimage of Grace, while the ashes of the rebellion were still smouldering, after Michael Throgmorton had betrayed Cromwell’s confidence and gone over to Reginald Pole, Sir George was reported to have used certain expressions to Sir Thomas Dyngley and to two other gentlemen, which he was called on by the Council to explain. The letter to the King in which he replied is still extant. He said that he had been sent for by the King after a speech on the Act of Appeals, “and that he saw his Grace’s conscience was troubled about having married his brother’s wife.” He professed to have said to Dyngley that he had told the King that if he did marry Queen Anne his conscience would be more troubled at length, for it was thought he had meddled both with the mother and the sister; that his Grace said: “Never with the mother,” and my Lord Privy Seal (Cromwell), standing by, said, “nor with the sister neither, so put that out of your mind.” Mr. Brewer construes this into an admission of the King that Mary Boleyn had been his mistress, and omits, of course, by inadvertence, that Throgmorton, being asked why he had told this story to Dyngley, answered that “he spake it only out of vainglory, to show he was one that durst speak for the Commonwealth.” Nothing is more common than for “vainglorious” men, when admitted to conversations with kings, to make the most of what they said themselves, and to report not very accurately what was said to them. Had the conversation been authentic, Throgmorton would naturally have appealed to Cromwell’s recollection. But Mr. Brewer accepts the version of a confessed boaster as if it was a complete and trustworthy account of what had actually passed. He does not ask himself whether if the King or Cromwell had given their version it might not have borne another complexion. Henry was not a safe person to take liberties with. Is it likely that if one of his subjects, who was actively opposing him in Parliament, had taxed him with an enormous crime, he would have made a confession which Throgmorton had only to repeat in the House of Commons to ruin him and his cause? Mr. Brewer should have added also that the authority which he gave for the story was no better than Father Peto, afterwards Cardinal Peto, as bitter an enemy of the Reformation as Pole himself. Most serious of all, Mr. Brewer omits to mention that Throgmorton was submitted afterwards to a severe cross-examination before a Committee of Council, the effect of which, if he had spoken truly, could only be to establish the authenticity of a disgraceful charge.28

      The last evidence alleged is the confession made by Anne Boleyn, after her condemnation, of some mystery which had invalidated her marriage with the King and had been made the ground of an Act of Parliament. The confession was not published, and Catholic opinion concluded, and concludes still, that it must have been the Mary Boleyn intrigue. Catholic opinion does not pause to inquire whether Anne could have been said to confess an offence of the King and her sister. The cross-examination of Throgmorton turns the conjecture into an absurdity. When asked, in 1537, whom he ever heard say such a thing, he would have had but to appeal to the proceedings in Parliament in the year immediately preceding.

      Is it likely finally that if Throgmorton’s examination proves what Mr. Brewer thinks it proves, a record of it would have been preserved among the official State Papers?

      If all the stories current about Henry VIII. were to be discussed with as much detail as I have allowed to this, the world would not contain the books which should be written. An Irish lawyer told me in my youth to believe nothing which I heard in that country which had not been sifted in a court of justice, and only half of that. Legend is as the air invulnerable, and blows aimed at it, if not “malicious mockery” are waste of effort. Charges of scandalous immorality are precious to controversialists, for if they are disproved ever so completely the stain adheres.

      CHAPTER III

      Anxiety of the Pope to satisfy the King – Fears of the Emperor – Proposed alternatives – France and England declare war in the Pope’s defence – Campeggio to be sent to England – The King’s account of the Pope’s conduct – The Pope’s distress and alarm – The secret decretal – Instructions to Campeggio.

      The story returns to Orvieto. The dispensation was promised on condition that it should not be immediately acted on.29 Catherine having refused to acquiesce in a private arrangement, Wolsey again pressed the Pope for a commission to decide the cause in England, and to bind himself at the same time not to revoke it, but to confirm any judgment which he might himself give. “There were secret causes,” he said, “which could not be committed to writing which made such a concession imperative: certain diseases in the Queen defying all remedy, for which, as for other causes, the King would never again live with her as his wife.”

      The Pope, smarting from ill-treatment and grateful for the help of France and England, professed himself earnestly anxious to do what Henry desired. But he was still virtually a prisoner. He had been obliged by the General of the Observants, when in St. Angelo, to promise to do nothing “whereby the King’s divorce might be judged in his own dominions.” He pleaded for time. He promised a commission of some kind, but he said he was undone if action was taken upon it while the Germans and Spaniards remained in Italy. He saw evident ruin before him, he said, but he professed to be willing to run the hazard rather than that Wolsey

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