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48
ESSAYS ON MODERN HISTORY

The Brief was unheard of until the need for it became apparent. It was unknown to Charles V. when, on the 31st of July 1527, he suggested that the Pope should supply the defects of the Bull.[1] It was uncertain whether Clement would consent, when, towards the end of the year, the Brief made his consent unnecessary. Its existence was unexplained. It was said to have been obtained about the time of the marriage, in 1509;[2] but it was dated 1503. It was obtained by Ferdinand; yet Ferdinand did not possess a copy. It was sent to England ; but it was admitted that it had left England before the marriage for which it was required. Ferdinand did not want it, for, on his theory, it was quite unnecessary. If he had asked for it, the Brief would have been addressed to him, and a copy would have been treasured up in Spain. It was addressed to Henry VII. But Henry did not want it ; for he was more than content with the original Bull, which he never intended to use, and could never wish to amplify. The Brief was discovered among the papers of the Ambassador De Puebla, who had left England before the marriage, and who was now dead. A list of all his papers relating to the marriage is still extant, and the Brief is not among them.[3] Two men were living who could have given valuable testimony. De Puebla's heir, Fernandez, had possession of his papers. He was reputed an honest man, and it was desirable to have him examined. It appeared, however, that he had just been sent to one of the few places in Europe which were beyond the reach of Henry and the jurisdiction of Charles—to the dominions of the Earl of Desmond. Accolti, the Cardinal who in the name of Julius had drawn up the dispensation a quarter of a century earlier, was now the most zealous opponent of the Divorce in the Court of Rome. He could have settled the doubt whether a second dispensation had, in fact, been given. Accolti

  1. In a Despatch to Lannoy, Bucholtz, iii. 95.
  2. "In brevi vero quod circiter tempus nuptiarum ut conficeretur ab Ferdinando Rege Catholico procuratum est" (Philalethae Hyperborei Parasceue, 1533, p. 30).
  3. Bergenroth, i. 471.