Vatican Regesta Vol. DCLXXXV Secretarum Tomus IV 2 Innocent VIII. 10 Kal. Aug. Decree, at the petition of king Henry (age 29) and queen Elizabeth (age 20), that a notarial copy of the process before James, bishop of Imola, Apostolic Nuncio with the power of a legate de latere, in regard to the dispensation granted by him to them to contract marriage, notwithstanding the impediment arising from their being related in the double fourth degree of kindred, shall have the same credence as the original letters of the said bishop. The Pope (age 54) exemplifies the said letters and process as follows:

Public instrument, setting forth that in the year of the Incarnation 1486, after the computation of the English church, the 4th indiction, anno 2 Innocent VIII [16 Jan 1486], in the chapel of St. Mary [the Virgin] on the east side of the cathedral church of St. Paul, London [Map], before James, bishop of Imola, apostolic legate to England and Scotland, in presence of the below-written notaries public, appointed by the said bishop as scribes in the below-written matter of dispensation, and witnesses below-named, there appeared in person Master Robert Morton (age 51), Archdeacon of Winchester, and John de Giglis, I.U.D., as proctors of king Henry (age 29), and Richard Hill, dean of the chapel of the household of the said king, and David William, doctor of decrees, dean of St. Mary's Arches, London, as proctors of the lady Elizabeth (age 20), eldest daughter of the late king Edward IV, who produced their mandates of procuration and presented to the said legate a schedule of petition on behalf of the said king and lady, praying him to dispense them to marry, notwithstanding the impediment of their relationship in the fourth and fourth degrees of kindred, as was specified by the said Master Robert Morton (age 51).

The said instrument exemplifies the said procurations and schedule, as follows:

(i) A public instrument, setting forth that in the year of the Incarnation, etc., 1486, the 4th indiction, anno 2 Innocent VIII, January 14, in a certain great chamber within the palace royal at Westminster, before Thomas, archbishop of York (age 62) and legate of the apostolic see, John, bishop of Worcester (age 56), chancellor of England, and Jasper duke of Bedford (age 54), and many other nobles and magnates, in the presence of me, Richard Spencer, notary public below-written, the said king (age 29), present in person, appointed Masters John de Giglis, I.U.D., and Robert Morton (age 51), master or keeper of the rolls of the chancery of the said king, as his proctors to appear before the said bishop and legate (who, as is said, has faculty from the apostolic see to dispense a certain number of persons related in the fourth and fourth degrees of kindred and affinity to contract marriage), and to request him to exhibit, etc., the said letters, and execute them in accordance with the desire of the said king, etc. Of all which things, done on the above date and in the above place, in the presence of the above-named witnesses and of Richard Spencer, clerk, of the diocese of Lincoln, notary public by apostolic and imperial authorities, registrar-principal of the court of Canterbury, and keeper of the registers of the same court, the said notary has made the present public instrument, and, being otherwise engaged, has caused it to be written by another, and has published and drawn it up in this public form, and has signed it with his wonted sign and name;.

(ii) A like public instrument, setting forth that on the same date as in the preceding, and in a certain chamber within the royal palace of Westminster, before John, bishop of Worcester, chancellor of England (age 56), John lord de Wellys (age 36), Master William Smyth, dean of the chapel royal of Wymbourn in the diocese of Salisbury, and other witnesses, in the presence of the above notary, Richard Spencer, the above lady Elizabeth (age 20), present in person, appointed Masters Richard Hill, dean of the chapel of the king's household, and David William, doctor of decrees, dean of St. Mary's Arches, London, and commissary-general of the official of the court of Canterbury and president of the said court, in the absence of the said official, as her proctors to appear, etc., as in the preceding. Of all which things, done on the above date and in the above place, in the presence of the abovenamed witnesses and of … Richard Spencer, clerk, etc., as above, the said notary has made, written, subscribed, published, and drawn up in this public form the present public instrument, and has signed it with his wonted sign and name;.

(iii) The petition to James, bishop of Imola, apostolic legate to England and Scotland, on behalf of the most serene prince and lord, the lord Henry (age 29), by the grace of God king of England and France and lord of Ireland, of the one part, and of the most illustrious (clarissime) lady, the lady Elizabeth (age 20), eldest legitimate and natural daughter of the late Edward, sometime king of England and France and lord of Ireland, of the other part, setting forth that whereas the said king Henry has by God's providence won his realm of England, and is in peaceful possession thereof, and has been asked by all the lords of his realm, both spiritual and temporal, and also by the general council of the said realm, called Parliament, to take the said lady Elizabeth to wife, he, wishing to accede to the just petitions of his subjects, desires to take the said lady to wife, but cannot do so without dispensation, inasmuch as they are related in the fourth and fourth degrees of kindred, wherefore petition is made on their behalf to the said legate to grant them dispensation by his apostolic authority to contract marriage and remain therein, notwithstanding the said impediment of kindred, and to decree the offspring to be born thereof legitimate.

Letters and Papers 1529. After 28 Jun 1529. Vit. B. XII. 70. B. M. 5774. Catharine of Arragon.

A set of depositions as to Catharine's marriage with Prince Arthur.

1. of George Earl of Shrewsbury (age 61), seneschal of the King's household, at the Coldherbar, on Monday, 28 June 1529. Is 59 years of age. Was present at the marriage of Henry VII. at Westminster, and at the creation of Arthur prince of Wales and Henry Duke of York (age 38). They were always considered as brothers, and he never heard it contradicted. Was present at the marriage of Prince Arthur with Catharine, now Queen, at St. Paul's, in Nov. 17 Henry VII. 1521 (sic). Believes that Arthur was then 14 or more. Saw the Queen Elizabeth and him a month after his birth, at Winchester [Map], in 2 Henry VII. Believes that Catharine was more than 14. Thinks that Arthur must have been nearer 15 than 14. At night, with the Lord of Oxford (age 58) and others, conducted Prince Arthur to the lady Catharine's (age 43) bedchamber, and left him there. Supposes that the Prince consummated the marriage,as he did so, being only 15 years when he was married. They were always considered lawfully married during the life of Prince Arthur. Saw the funeral of Prince Arthur at Worcester, and the marriage of the King and Queen at Greenwich. Cannot answer the 6th and 7th articles, but leaves them to the laws. Never heard what is contained in the 8th article. As to the 9th, knows that the King and Queen cohabited and treated each other as husband and wife, but cannot say whether lawfully or not. Can say nothing from his own knowledge as to the 10th, 11th, and 12th articles. Has made this deposition without being instructed or corrupted in any way, only for the sake of truth.

Vit. B. XII. 80. B. M.

2. of Thomas marquis of Dorset (age 52). Is 52 years of age. The 1st and 2nd articles contain the truth. Was present at the baptism of Arthur and Henry, the former at Winchester, and the latter at Greenwich. Was present at the marriage of Prince Arthur with Catharine, now Queen, at St Paul's, on a Sunday in Nov. 1501, 17 Henry VII. Believes Arthur was about 15, for he has seen in the book in which are written the births of the King's children that he was born 20 Sept. 1486. Was present when Prince Arthur went to bed after his marriage, where the lady Catharine (age 43) lay under the coverlet, "as the manner is of Queens in that behalf." Thinks that he used the princess as his wife, for he was of a good and sanguine complexion, and they were commonly reputed as man and wife during Prince Arthur's life. As to the 5th article, he can depose nothing to the first part, as he was then prisoner at Calais; but the remainder, touching cohabitation and reputation, is true. Can say nothing to the 6th, 7th, and 8th. The 9th, 10th, 11th, and 12th contain the truth, as he believes.

Vit. B. XII. 85. B. M.

3. of Sir Antony Willoughby. Has lived 15 years in Hampshire, for 12 years previously in Wiltshire. Was five years in the service of Prince Arthur, for five years before that in the service of the Bishop of Durham, and before that time in his father's household. Believes the 1st and 2nd articles to be true. To the 3rd and 4th, was present at the marriage of Prince Arthur and lady Catharine. By favor of his father, Lord Broke, steward of the King's household, was present when Prince Arthur went to bed on his marriage night in the palace of the Bishop of London. In the morning the prince, in the presence of Mores St. John, Mr. Cromer, Mr. William Woddall, Mr. Griffith Rice, and others, said to him, "Willoughby, bring me a cup of ale, for I have been this night in the midst of Spain;" and afterward said openly, "Masters, it is good pastime to have a wife." He, therefore, supposes that the marriage was consummated; and he heard that they lay together the Shrovetide following at Ludlow.

Knows that they lived together as man and wife during the remainder of the Prince's life.

Believes the 5th article to be true. Can depose nothing to the 6th, 7th and 8th. Believes the 9th, 10th and 11th to be true. The 12th contains law; to which he is not bound to reply. To the second additional interrogatory he replies, that it contains the truth, for he has been present twenty times at the solemnization of marriage, and the said form of words is always used.