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.
These particulars were all laid before the court; accompanied with many
reasonings concerning the extent of the pope's authority, and against
his power of granting a dispensation to marry within the prohibited
degrees. Campeggio heard these doctrines with great impatience; and
notwithstanding his resolution to protract the cause, he was often
tempted to interrupt and silence the king's counsel, when they
insisted on such disagreeable topics. The trial was spun out till the
twenty-third of July; and Campeggio chiefly took on him the part of
conducting it. Wolsey, though the elder cardinal, permitted him to act
as president of the court; because it was thought, that a trial managed
by an Italian cardinal would carry the appearance of greater candor and
impartiality, than if the king's own minister and favorite had presided
in it. The business now seemed to be drawing near to a period; and the
king was every day in expectation of a sentence in his favor; when, to
his great surprise, Campeggio, on a sudden, without any warning, and
upon very frivolous pretences,[*] prorogued the court till the first of
October. The evocation, which came a few days after from Rome, put
an end to all the hopes of success which the king had so long and so
anxiously cherished.[**]
During the time that the trial was carried on before the legates at
London, the emperor had by his ministers earnestly solicited Clement to
evoke the cause; and had employed every topic of hope
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