been entered into with a full knowledge at the time of the condition of the laws.
The statute endeavours to avoid the difficulty by its declaratory form; but again this is unsatisfactory; for that the Pope possessed some authority was substantially acknowledged in every application which was made to him; and when Catherine had married under a Papal dispensation, it was a strange thing to turn upon her, and to say, not only that the dispensation in the particular instance had been unlawfully granted, but that the Pope had no jurisdiction in the matter by the laws of the land which she had entered.
On the other hand, throughout the entire negotiations King Henry and his ministers had insisted jealously on the English privileges. They had declared from the first that they might, if they so pleased, fall back upon their own laws. In desiring that the cause might be heard by a Papal legate in England, they had represented themselves rather as condescending to a form than acknowledging a right; and they had, in fact, in allowing the opening of Campeggio's court, fallen, all of them, even Henry himself, under the penalties of the statutes of provisors. The validity of Catherine's appeal they had always consistently denied. If the Papal jurisdiction was to be admitted at all, it could only be through a minister sitting as judge within the realm of England; and the maxim, 'Ne Angli extra Angliam litigare cogantur,' was insisted upon as the absolute privilege of every English subject.
Yet, if we allow full-weight to these considerations,
