an anomaly truly barbarous, denounced,
against females only, who should be found guilty of high treason, the
punishment of burning. By menaces of putting into execution this
horrible sentence, instead of commuting it for decapitation, Anne Boleyn
was induced to acknowledge some legal impediment to her marriage with
the king; and on this confession alone, Cranmer, with his usual
subserviency, gratified his royal master by pronouncing that union null
and void, and its offspring illegitimate.
What this impediment, real or pretended, might be, we only learn from a
public declaration made immediately afterwards by the earl of
Northumberland, stating, that whereas it had been pretended, that a
precontract had subsisted between himself and the late queen, he has
declared upon oath before the lords of the council, and taken the
sacrament upon it, that no such contract had ever passed between them.
In explanation of this protest, the noble historian of Henry VIII.[1]
furnishes us with the following particulars. That the earl of
Northumberland, when lord Percy, had made proposals of marriage to Anne
Boleyn, which she had accepted, being yet a stranger to the passion of
the king; that Henry, unable to bear the idea of losing her, but averse
as yet to a declaration of his sentiments, employed Wolsey to dissuade
the father of lord Percy from giving his consent to their union, in
which he succeeded; the earl of Northumberland probably becoming aware
how deeply the personal feelings of the king were concerned: that lord
Percy, however, refused to give up the lady, alleging in the first
instance that he had gone too far to recede with honor; but was
afterwards compelled by his father to form another matrimonial
connexion. It should appear by this statement, that some engagement had
in fact subsisted between Northumberland and Anne; but there is no
necessity for supposing it to have been a contract of that solemn nature
which, according to the law as it then stood, would have rendered null
the subsequent marriage of either party. The protestation of the earl
was confirmed by the most solemn sanctions; which there is no ground for
supposing him capable of violating, especially as on this occasion, so
far from gaining any advantage by it, he was likely to give high offence
to the king. If then, as appears most probable, the confession by which
Anne Boleyn disinherited and illegitimatised her daughter was false; a
perjury so wicked and co
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