Note (back) — Chapter VIII

However that may be, before the Bishop's negotiations were completed the first steps had been taken towards the divorce, or, as Wolsey and Henry pretended, towards satisfying the King's scruples as to the validity of his marriage. Early in April, 1527, Dr. Richard Wolman was sent down to Winchester to examine old Bishop Fox on the subject.[559] The greatest secrecy was observed and none of the Bishop's councillors were allowed to be present. Other evidence was doubtless collected from various sources, and, on 17th May, a week after Tarbes's departure, Wolsey summoned Henry to appear before him to explain his conduct in living with his brother's widow.[560] Wolman was appointed promoter of the suit; Henry put in a justification, and, on 31st May, Wolman replied. With that the proceedings terminated. In instituting them Henry was following a precedent set by his brother-in-law, the Duke of Suffolk.[561] In very early days that nobleman had contracted to marry Sir Anthony Browne's daughter, but for some reason the match was broken off, and he sought the hand of one Margaret Mortimer, to whom he was related in the second and third degrees of consanguinity; he obtained a dispensation, completed the marriage, and cohabited with Margaret Mortimer. But, like Henry VIII., his conscience or other considerations moved him to regard his marriage as sin, and the dispensation as invalid. He caused a declaration to that effect to be made by "the official of the Archdeacon of London, to whom the cognisance of such causes of old belongs," married Ann Browne, and, after her death, Henry's sister Mary. A marriage, the validity of which depended, like Henry's, upon a papal dispensation, and which, like Henry's, had been consummated, was declared null and void on exactly the same grounds as those upon which Henry himself sought a divorce, namely, the invalidity of the previous dispensation. On 12th May, 1528, Clement VII. issued a bull confirming Suffolk's divorce and pronouncing ecclesiastical censures on all who called in question the Duke's subsequent marriages. That is precisely the course Henry wished to be followed. Wolsey was to declare the marriage invalid on the ground of the insufficiency of the papal dispensation; Henry might then marry whom he pleased; the Pope was to confirm the sentence, and censure all who should dispute the second marriage or the legitimacy of its possible issue.