Chapter V: Marriage of Henry and Anne Boleyn (2)

Both proposals carried on their front a show of fair dealing, and if honestly proffered, were an evidence that something more might at length be hoped than words. But the true obstacle to a settlement lay, as had been long evident, rather in the want of an honest will, than in legal difficulties or uncertainty as to the justice of the cause; and while neither of the alternatives as they stood were admissible or immediately desirable, there were many other roads, if the point of honesty were once made good, which would lead more readily to the desired end. Once for all Henry could not consent to plead out of England; while an appeal to a council would occupy more time than the condition of the country could conveniently allow. But the offer had been courteously made; it had been accompanied with language which might be sincere; and the king replied with grace, and almost with cordiality; not wholly giving Clement his confidence, but expressing a hope that he might soon be no longer justified in withholding it. He was unable, he said, to accept the first condition, because it was contrary to his coronation oath; "it so highly touched the prerogative royal of the realm, that though he were minded to do it, yet must he abstain without the assent of the court of parliament, which he thought verily would never condescend to it."[403] The other suggestion he did not absolutely reject, but the gathering of a council was too serious a matter to be precipitated, and the situation of Christendom presented many obstacles to a measure which would be useless unless it were carried through by all the great powers in a spirit of cordial unanimity. He trusted therefore that if the pope's intentions were really such as he pretended to entertain, he would find some method more convenient of proving his sincerity.

It was happy for Henry that experience had taught him to be distrustful. Events proved too clearly that Clement's assumed alteration of tone was no more than a manoeuvre designed to entice him to withdraw from the position in which he had entrenched himself, and to induce him to acknowledge that he was amenable to an earthly authority exterior to his own realm.[404] In his offer to refer the cause to a general council, he proved that he was insincere, when in the following year he refused to allow a council to be a valid tribunal for the trial of it. The course which he would have followed if the second alternative had been accepted, may be conjectured from the measures which, as I shall presently show, he was at this very moment secretly pursuing. Henry, however, had happily resolved that he would be trifled with no further; he felt instinctively that only action would cut the net in which he was entangled; and he would not hesitate any longer to take a step which, in one way or another, must bring the weary question to a close. If the pope meant well, he would welcome a resolution which made further procrastination impossible; if he did not mean well, he could not be permitted to dally further with the interests of the English nation. Within a few days, therefore, of Bonner's return from Bologna, he took the final step from which there was no retreat, and "somewhere about St. Paul's day,"[405] Anne Boleyn received the prize for which she had thirsted seven long years, in the hand of the King of England. The ceremony was private. No authentic details are known either of the scene of it or the circumstances under which it took place; but it is said to have been performed by the able Rowland Lee, Bishop of Lichfield, summoned up for the purpose from the Welsh Marches, of which he was warden. It was done, however--in one way or other finally done--the cast was thrown, and a match was laid to the train which now at length could explode the spell of intrigue, and set Henry and England free.

We have arrived at a point from which the issue of the labyrinth is clearly visible. The course of it has been very dreary; and brought in contact as we have been with so much which is painful, so much which is discreditable to all parties concerned, we may perhaps have lost our sense of the broad bearings of the question in indiscriminate disgust. It will be well, therefore, to pause for a moment to recapitulate those features of the story which are the main indications of its character, and may serve to guide our judgment in the censure which we shall pass.

It may be admitted, or it ought to be admitted, that if Henry VIII. had been contented to rest his demand for a divorce merely on the interests of the kingdom, if he had forborne, while his request was pending, to affront the princess who had for many years been his companion and his queen; if he had shown her that respect which her high character gave her a right to demand, and which her situation as a stranger ought to have made it impossible to him to refuse; his conduct would have been liable to no imputation, and our sympathies would without reserve have been on his side. He could not have been expected to love a person to whom he had been married as a boy for political convenience, merely because she was his wife; especially when she was many years his senior in age, disagreeable in her person, and by the consciousness of it embittered in her temper. His kingdom demanded the security of a stable succession; his conscience, it may not be doubted, was seriously agitated by the loss of his children; and looking upon it as the sentence of Heaven upon a connection, the legality of which had from the first been violently disputed, he believed that he had been living in incest, and that his misfortunes were the consequence of it. Under these circumstances he had a full right to apply for a divorce.[406]

The causa urgentissima of the canon law for which, by the pope's own showing, the dispensing powers had been granted to him, had arisen in an extreme form; and when the vital interests of England were sacrificed to the will of a foreign prince, sufficient reason had arisen for the nation to decline submission to so emphatic injustice, and to seek within itself its own remedies for its own necessities. These considerations must be allowed all their weight; and except for them, it is not to be supposed that Henry would have permitted private distaste or inclination to induce him to create a scandal in Europe. In his conduct, however, as in that of most men, good was chequered with evil, and sincerity with self-deception. Personal feeling can be traced from the first, holding a subsidiary, indeed, but still an influential place, among his motives; and exactly so far as he was influenced by it, his course was wrong, as the consequence miserably proved. The position which, in his wife's presence, he assigned to another woman, however he may have persuaded himself that Catherine had no claim to be considered his wife, admits neither of excuse nor of palliation; and he ought never to have shared his throne with a person who consented to occupy that position. He was blind to the coarseness of Anne Boleyn, because, in spite of his chivalry, his genius, his accomplishments, in his relations with women he was without delicacy himself. He directed, or attempted to direct, his conduct by the broad rules of what he thought to be just; and in the wide margin of uncertain ground where rules of action cannot be prescribed, and where men must guide themselves by consideration for the feelings of others, he--so far as women were concerned--was altogether or almost a stranger. Such consideration is a virtue which can be learned only in the society of equals, where necessity obliges men to practise it. Henry had been a king from his boyhood; he had been surrounded by courtiers who had anticipated all his desires; and exposed as he was to an ordeal from which no human being could have escaped uninjured, we have more cause, after all, to admire him for those excellences which he conquered for himself, than to blame the defects which he retained.

But if in his private relations the king was hasty and careless, towards the pope to whom we must now return, he exhausted all resources of forbearance: and although, when separation from Rome was at length forced upon him, he then permitted no half measures, and swept into his new career with the strength of irresistible will, it was not till he had shown resolution no less great in the endurance of indignity; and of the three great powers in Europe, the prince who was compelled to break the unity of the Catholic church, was evidently the only one who was capable of real sacrifices to preserve it unbroken. Clement comprehended his reluctance, but presumed too far upon it; and if there was sin in the "great schism" of the Reformation, the guilt must rest where it is due. We have now to show the reverse side of the transactions at Bologna, and explain what a person wearing the title of his Holiness, in virtue of his supposed sanctity, had been secretly doing.

In January, 1532, some little time before his conversation with Sir Gregory Cassalis on the subject of the two wives, the pope had composed a pastoral letter to Henry, which had never been issued. From its contents it would seem to have been written on the receipt of an indignant remonstrance of Queen Catherine, in which she had complained of her desertion by her husband, and of the public position which had been given to her rival. She had supposed (and it was the natural mistake of an embittered and injured woman) that Anne Boleyn had been placed in possession of the rights of an actual, and not only of an intended wife; and the pope, accepting her account of the situation, had written to implore the king to abstain, so long as the cause remained undetermined, from creating so great a scandal in Christendom, and to restore his late queen to her place at his side. This letter, as it was originally written, was one of Clement's happiest compositions.[407] He abstained in it from using any expression which could be construed into a threat: he appealed to Henry's honourable character, which no blot had hitherto stained; and dwelling upon the general confusion of the Christian world, he urged with temperate earnestness the ill effects which would be produced by so open a defiance of the injunctions of the Holy See in a person of so high a position. So far all was well. Henry had deserved that such a letter should be written to him; and the pope was more than justified in writing it. The letter, however, if it was sent, produced no effect, and on the 15th of November, three days before Clement's departure to Bologna, where he pretended (we must not forget) that he considered Henry substantially right; he added a postscript, in a tone not contrasting only with his words to the ambassadors, but with the language of the brief itself.

Again urging Henry's delinquencies, his separation from his wife, and the scandal of his connection with another person, he commanded him, under penalty of excommunication, within one month of the receipt of those injunctions, to restore the queen to her place, and to abstain thenceforward from all intercourse with Anne Boleyn pending the issue of the trial. "Otherwise," the pope continued, "when the said term shall have elapsed, we pronounce thee, Henry King of England, and the said Anne, to be _ipso facto_ excommunicate, and command all men to shun and avoid your presence; and although our mind shrinks from allowing such a thought of your Serenity, although by ourselves and by our auditory of the Rota an inhibition has been already issued against you; although the act of which you are suspected be in itself forbidden by all laws human and divine, yet the reports which are brought to us do so move us, that once more we do inhibit you from dissolving your marriage with the aforesaid Catherine, or from continuing process, in your own courts, of divorce from her. And we do also hereby warn you, that you presume not to contract any new marriage with the said or with any other woman; we declare such marriage, if you still attempt it, to be vain and of none effect, and so to be regarded by all persons in obedience to the Apostolic see."[408]

An inhibitory mandate, was a natural consequence of the conference of Calais, provided that the pope intended to proceed openly and uprightly; and if it had been sent upon the spot, Henry could have complained of nothing worse than of an honourable opposition to his wishes. But the mystery was not yet exhausted. The postscript was not issued, it was not spoken of; it was carried secretly to Bologna, and it bears at its foot a further date of the 23rd of December, the very time, that is to say, at which the pope was representing himself to Bennet as occupied only in devising the best means of satisfying Henry, and to Sir Gregory Cassalis, as so convinced of the justice of the English demands, that he had ventured in defence of them to the edge of rupture with the emperor.

It might be urged that he was sincere both in his brief and in his conversation; that he believed that a verdict ought to be given, and would at last be given, against the original marriage, and that therefore he was the more anxious to prevent unnecessary scandal. Yet a menace of excommunication couched in so haughty a tone, could have been honestly reconciled with his other conduct, only by his following a course with respect to it which he did not follow--by informing the ambassadors openly of what he had done, and transmitting his letter through their hands to Henry himself. This he might have done; and though the issue of such a document at such a time would have been open to question, it might nevertheless have been defended. His Holiness, however, did nothing of the kind. No hint was let fall of the existence of any minatory brief; he sustained his pretence of good will, till there was no longer any occasion for him to counterfeit; and two months later it suddenly appeared on the doors of the churches in Flanders.

Henry at first believed it to be forgery, One forged brief had already been produced by the imperialists in the course of their transactions, and he imagined that this was another; even his past experience of Clement had not prepared him for this last venture of effrontery; he wrote to Bennet, enclosing a copy, and requiring him to ascertain if it were really genuine.[409]

The pope could not deny his hand, though the exposure, and the strange irregular character of the brief itself troubled him, and Bonner, who was again at the papal court, said that "he was in manner ashamed, and in great perplexity what he might do therein."[410]

His conduct will be variously interpreted, and to attempt to analyse the motives of a double-minded man is always a hazardous experiment; but a comparison of date, the character of Clement himself, the circumstances in which he was placed, and the retrospective evidence from after events, points almost necessarily to but one interpretation. It is scarcely disputable that, frightened at the reception of Anne Boleyn in France, the pope found it necessary to pretend for a time an altered disposition towards Henry; and that the emperor, unable to feel wholly confident that a person who was false to others was true to himself, had exacted the brief from him as a guarantee for his good faith; Charles, on his side, reserving the publication until Francis had been gained over, and until Clement was screened against the danger which he so justly feared, from the consequences of the interview at Calais.

There was duplicity of a kind; this cannot be denied; and if not designed to effect this object, this object in fact it answered. While Clement was talking smoothly to Bennet and Cassalis, secret overtures were advanced at Paris for a meeting at Nice between the pope, the emperor, and the King of France, from which Henry was to be excluded.[411] The emperor made haste with concessions to Francis, which but a few months before would have seemed impossible. He withdrew his army out of Lombardy, and left Italy free; he consented to the marriage which he had so earnestly opposed between Catherine de Medici and the Duke of Orleans, agreeing also, it is probable, to the contingency of the Duchy of Milan becoming ultimately her dowry. And Francis having coquetted with the proposal for the Nice meeting,[412] not indeed accepting, but not absolutely rejecting it, Charles consented also to waive his objections to the interview between Francis and the pope, on which he had looked hitherto with so much suspicion; provided that the pope would bear in mind some mysterious and unknown communication which had passed at Bologna.[413]

Thus was Francis won. He cared only, as the pope had seen, for his own interests; and from this time he drew away, by imperceptible degrees, from his engagements to England. He did not stoop to dishonour or treacherous betrayal of confidence, for with all his faults he was, in the technical acceptation of that misused term, a gentleman. He declined only to maintain the attitude which, if he had continued in it, would have compelled the pope to yield; and although he continued honestly to urge him to make concessions, he no longer affected to make them the price of preserving France in allegiance to the Holy See. Nor need we regret that Francis shrank from a resolution which Henry had no right to require of him. To have united with France in a common schism at the crisis of the Reformation would have only embarrassed the free motions of England; and two nations whose interests and whose tendencies were essentially opposite, might not submit to be linked together by the artificial interests of their princes. The populace of England were unconsciously on the rapid road to Protestantism. The populace of France were fanatically Catholic. England was to go her way through a golden era of Elizabeth to Cromwell, the Puritans, and a Protestant republic; a republic to be perpetuated, if not in England herself, yet among her great children beyond the sea. France was to go her way through Bartholomew massacres and the dragonnades to a polished Louis the Magnificent, and thence to the bloody Medea's cauldron of Revolution, out of which she was to rise as now we know her. No common road could have been found for such destinies as these; and the French prince followed the direction of his wiser instincts when he preferred a quiet arrangement with the pope, in virtue of which his church should be secured by treaty the liberties which she desired, to a doubtful struggle for a freedom which his people neither wished nor approved. The interests of the nation were in fact his own. He could ill afford to forsake a religion which allowed him so pleasantly to compound for his amatory indulgences by the estrapade[414] and a zeal for orthodoxy.

It became evident to Henry early in the spring that he was left substantially alone. His marriage had been kept secret with the intention that it should be divulged by the King of France to the pope when he met him at Marseilles; and as the pope had pretended an anxiety that either the King of England should be present in person at that interview, or should be represented by an ambassador of adequate rank, a train had been equipped for the occasion, the most magnificent which England could furnish. Time, meanwhile, passed on; the meeting, which was to have taken place first in January, and then in April, was delayed till October, and in the interval the papal brief had appeared in Flanders; the queen's pregnancy could not admit of concealment; and the evident proof which appeared that France was no longer to be depended upon, convinced the English government that they had nothing to hope for from abroad, and that Henry's best resources were to be found, where in fact they had always been, in the strength and affection of his own people.

From this choking atmosphere, therefore, we now turn back to England and the English parliament; and the change is from darkness to light, from death to life. Here was no wavering, no uncertainty, no smiling faces with false hearts behind them; but the steady purpose of resolute men, who slowly, and with ever opening vision, bore the nation forward to the fair future which was already dawning.

Parliament met at the beginning of February, a few days after the king's marriage, which, however, still remained a secret. It is, I think, no slight evidence of the calmness with which the statesmen of the day proceeded with their work, that in a session so momentous, in a session in which the decisive blow was to be struck of the most serious revolution through which the country as yet had passed, they should have first settled themselves calmly down to transact what was then the ordinary business of legislation, the struggle with the vital evils of society. The first nine statutes which were passed in this session were economic acts to protect the public against the frauds of money-making tradesmen; to provide that shoes and boots should be made of honest leather; that food should be sold at fair prices, that merchants should part with their goods at fair profits; to compel, or as far as the legislature was able to do it, to compel all classes of persons to be true men; to deal honestly with each other, in that high Quixotic sense of honesty which requires good subjects at all times and under all circumstances to consider the interests of the commonwealth as more important than their own. I have already spoken of this economic legislation, and I need not dwell now upon details of it; although under some aspects it may be thought that more which is truly valuable in English history lies in these unobtrusive statutes than in all our noisy wars, reformations, and revolutions. The history of this as of all other nations (or so much of it as there is occasion for any of us to know), is the history of the battles which it has fought and won with evil; not with political evil merely, or spiritual evil; but with all manifestations whatsoever of the devil's power. And to have beaten back, or even to have struggled against and stemmed in ever so small a degree those besetting basenesses of human nature, now held so invincible that the influences of them are assumed as the fundamental axioms of economic science; this appears to me a greater victory than Agincourt, a grander triumph of wisdom and faith and courage than even the English constitution or the English liturgy. Such a history, however, lies beside the purpose which I may here permit myself; and the two acts with which the session closed, alone in this place require our attention.

The first of these is one of the many "Acts of Apparel," which are to be found in the early volumes of the statute book. The meaning of these laws becomes intelligible when we reflect upon the condition of the people. The English were an organised nation of soldiers; they formed an army perpetually ready for the field, where the degrees were determined by social position; and the dresses prescribed to the various orders of society were the graduated uniforms which indicated the rank of the wearers. When every man was a soldier, and every gentleman was an officer, the same causes existed for marking, by costume, the distinctions of authority, which lead to the answering differences in the modern regiments.

The changing conditions of the country at the time of the Reformation, the growth of a middle class, with no landed possessions, yet made wealthy by trade or other industry, had tended necessarily to introduce confusion; and the policy of this reign, which was never more markedly operative than during the most critical periods of it, was to reinvigorate the discipline of the feudal system; and pending the growth of what might better suit the age, pending the great struggle in which the nation was engaged, to hold every man at his post. The statute specifies its object, and the motives with which it was passed.

"Whereas," says the preamble, "divers laws, ordinances, and statutes have been with great deliberation and advice provided and established for the necessary repressing and avoiding the inordinate excess daily more and more used in the sumptuous and costly array and apparel accustomably worn in this realm, whereof hath ensued, and daily do chance such sundry high and notable inconveniences as be to the great and notorious detriment of the commonweal, the subversion of politic order in knowledge and distinction of people according to their preeminence and degrees, to the utter impoverishment and undoing of many light and inexpert persons inclined to pride, the mother of all vices: Be it enacted,"[415]--but I need not enter into the particulars of the uniforms worn by the nobles and gentlemen of the court of Henry VIII.; the temper, not the detail, is of importance; and of the wisdom or unwisdom of such enactments, we who live in a changed age should be cautious of forming a hasty opinion. The ends which the old legislation proposed to itself, have in latter ages been resigned as impracticable. We are therefore no longer adequate judges how far those ends may in other times have been attainable, and we can still less judge of the means through which the attainment of them was sought.

The second act of which I have to speak is open to no such ambiguity; it remains among the few which are and will be of perpetual moment in our national history. The conduct of the pope had forced upon the parliament the reconsideration of the character of his supremacy; and when the question had once been asked, in the existing state of feeling but one answer to it was possible.

The authority of the church over the state, the supreme kingship of Christ, and consequently of him who was held to be Christ's vicar, above all worldly sovereignties, was an established reality of mediaeval Europe. The princes had with difficulty preserved their jurisdiction in matters purely secular; while in matters spiritual, and in that vast section of human affairs in which the spiritual and the secular glide one into the other, they had been compelled--all such of them as lay within the pale of the Latin communion--to acknowledge a power superior to their own. To the popes was the ultimate appeal in all causes of which the spiritual courts had cognisance. Their jurisdiction had been extended by an unwavering pursuit of a single policy, and their constancy in the twelfth century was rewarded by absolute victory. In England, however, the field was no sooner won than it was again disputed, and the civil government gave way at last only when the danger seemed to have ceased. So long as the papacy was feared, so long as the successors of St. Peter held a sword which could inflict sensible wounds, and enforce obedience by penalties, the English kings had resisted both the theory and the application. While the pope was dangerous he was dreaded and opposed. When age had withered his arm, and the feeble lightnings flickered in harmless insignificance, they consented to withdraw their watchfulness, and his supremacy was silently allowed as an innocent superstition. It existed as some other institutions exist at the present day, with a merely nominal authority; with a tacit understanding, that the power which it was permitted to retain should be exerted only in conformity with the national will.

Under these conditions the Tudor princes became loyal subjects to the Holy See, and so they would have willingly remained, had not Clement, in an evil hour for himself, forgotten the terms of the compact. He laid upon a legal fiction a strain which his predecessors, in their palmiest days, would have feared to attempt; and the nation, after grave remonstrance, which was only received with insults, exorcised the chimaera with a few resolute words for ever. The parliament, in asserting the freedom of England, carefully chose their language. They did not pass a new law, but they passed an act declaratory merely of the law which already existed, and which they were vindicating against illegal encroachment. "Whereas," says the Statute of Appeals, "by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an empire, and so hath been accepted in the world; governed by one supreme head and king, having the dignity and royal estate of the imperial crown of the same; unto whom a body politic compact of all sorts and degrees of people, divided in terms by names of spiritualty and temporalty, be bound and ought to bear, next to God, a natural and humble obedience: he being also institute and furnished by the goodness and sufferance of Almighty God with plenary, whole, and entire power, pre-eminence and authority, prerogative and jurisdiction, to render and yield justice and final determination to all manner of folk resident or subject within this his realm, without restraint or provocation to any foreign prince or potentate of the world: the body spiritual whereof having power when any cause of the law divine happened to come in question, or of spiritual learning, [such cause being] declared, interpret, and shewed by that part of the body politic called the spiritualty, now usually called the English church; (which also hath been reported and also found of that sort, that both for knowledge, integrity, and sufficiency of numbers, it hath been always thought to be, and is also at this hour sufficient and meet of itself, without the interfering of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties as to the administration of their rooms spiritual doth appertain): and the laws temporal, for trial of property of lands and goods, and for the conservation of the people of this realm in unity and peace, having been and yet being administered, adjudged, and executed by sundry judges and administers of the said body politic called the temporalty: and seeing that both these authorities and jurisdictions do conjoin together for the due administration of justice, the one to help the other: and whereas the king's most noble progenitors, and the nobility and commons of this said realm at divers and sundry parliaments, as well in the time of King Edward I., Edward III., Richard II., Henry IV., and other noble kings of this realm, made sundry ordinances, laws, and provisions for the conservation of the prerogatives, liberties, and pre-eminences of the imperial crown of this realm, and of the jurisdiction spiritual and temporal of the same, to keep it from the annoyance as well of the see of Rome as from the authority of other foreign potentates attempting the diminution or violation thereof, as often as from time to time any such annoyance or attempt might be known or espied: and notwithstanding the said good statutes and ordinances, and since the making thereof, divers inconveniences and dangers not provided for plainly by the said statutes, have risen and sprung by reason of appeals sued out of this realm to the see of Rome, in causes testamentary, causes of matrimony and divorce, right of tithes, oblations, and obventions, not only to the great inquietation, vexation, trouble, costs, and charges of the King's Highness, and many of his subjects and residents in this his realm; but also to the delay and let of the speedy determination of the said causes, for so much as parties appealing to the said court of Rome most commonly do the same for the delay of justice; and forasmuch as the great distance of way is so far out of this realm, so that the necessary proofs, nor the true knowledge of the causes, can neither there be so well known, nor the witnesses so well examined there as within this realm, so that the parties grieved by means of the said appeals be most times without remedy; in consideration hereof, all testamentary and matrimonial causes, and all suits for tithes, oblations, and obventions shall henceforth be adjudged in the spiritual and temporal courts within the realm, without regard to any process of foreign jurisdiction, or any inhibition, excommunication, or interdict. Persons procuring processes, inhibitions, appeals, or citations from the court of Rome, as well as their fautors, comforters, counsellors, aiders and abettors, all and every of them shall incur the penalties of premunire; and in all such cases as have hitherto admitted of appeal to Rome, the appeals shall be from the Archdeacon's court to the Bishop's court, from the Bishop's court to that of the Archbishop, and no further."[416]

The act was carried through Parliament in February, but again, as with the Annates Bill, the king delayed his sanction till the post could reach and return from the Vatican. The Bishop of Bayonne wrote that there was hope that Clement might yet give way, and entreated that the king would send an "excusator," a person formally empowered to protest for him that he could not by the laws of England plead at a foreign tribunal; and that with this imperfect recognition of his authority the pope would be satisfied.

Chastillon, the French ambassador, had an interview with the king, to communicate the bishop's message.

"The morning after," Chastillon wrote, "his Majesty sent for me and desired me to repeat my words before the council. I obeyed; but the majority declared, that there was nothing in them to act upon, and that the king must not put himself in subjection. His Majesty himself, too, I found less warm than in his preceding conversation. I begged the council to be patient. I said everything that I could think of likely to weigh with the king, I promised him a sentence from our Holy Father declaring his first marriage null, his present marriage good. I urged him on all grounds, public and private, to avoid a rupture with the Holy See. Such a sentence, I said, would be the best security for the queen, and the safest guarantee for the unopposed succession of her offspring. If the marriage was confirmed by the Holy Father's authority, the queen's enemies would lose the only ground where they could make a stand. The peace of the realm was now menaced. The emperor talked loudly and made large preparations. Let the king be allied with France, and through France with the Holy See, and the emperor could do him no harm. Thus I said my proposals were for the benefit of the realm of his Majesty, and of the children who might be born to him. The king would act more prudently both for his own interest, and for the interest of his children, in securing himself, than in running a risk of creating universal confusion; and, besides, he owed something to the king his brother, who had worked so long and so hard for him.

"After some further conversation, his Majesty took me aside into a garden, where he told me that for himself he agreed in what I had said; but he begged me to keep his confidence secret. He fears, I think, to appear to condescend too easily.

"He will not, however, publish the acts of parliament till he sees what is done at Rome. The vast sums of money which used to be sent out of the country will go no longer; but in other respects he will be glad to return to good terms. He will send the excusator when he hears again from M. de Paris; and for myself, I think, that although the whole country is in a blaze against the pope, yet with the good will and assistance of the king, the Holy Father will be reinstated in the greater part of his prerogatives."

But the hope that the pope would yield proved again delusive. Henry wrote to him himself in the spirit of his conversation with Chastillon. His letter was presented by Cardinal Tournon, and Clement said all that could be said in acknowledgment without making the one vital concession. But whenever it was put before him that the cause must be heard and decided in England and in no other place, he talked in the old language of uncertainty and impossibilities;[417] and Henry learning at the same time that a correspondence was going forward between Clement and Francis, with the secrets of which he was not made acquainted, went forward upon his own way. April brought with it the certainty that the expected concessions were delusive. Anne Boleyn's pregnancy made further delay impossible. D'Inteville, who had succeeded Chastillon as French ambassador, once more attempted to interfere, but in vain. Henry told him he could not help himself, the pope forced him to the course which he was pursuing, by the answer which he had been pleased to issue; and he could only encounter enmity with its own weapons. "The archbishop," d'Inteville wrote to Francis, "will try the question, and will give judgment. I entreated the king to wait till the conference at Nice, but he would not consent. I prayed him to keep the sentence secret till the pope had seen your Majesty; he replied it was impossible."[418]

Thus the statute became law which transferred to the English courts of law the power so long claimed and exercised by the Roman see. There are two aspects under which it may be regarded, as there were two objects for which it was passed. Considered as a national act, few persons will now deny that it was as just in itself as it was politically desirable. If the pope had no jurisdiction over English subjects, it was well that he should be known to have none; if he had, it was equally well that such jurisdiction should cease. The question was not of communion between the English and Roman churches, which might or might not continue, but which this act would not affect. The pope might still retain his rights of episcopal precedency, whatever those might be, with all the privileges attached to it. The parliament merely declared that he possessed no right of interference in domestic disputes affecting persons and property.

But the act had a special as well as a national bearing, and here it is less easy to arrive at a just conclusion. It destroyed the validity of Queen Catherine's appeal; it placed a legal power in the hands of the English judges to proceed to pass sentence upon the divorce; and it is open to the censure which we ever feel entitled to pass upon a measure enacted to meet the particular position of a particular person. When embarrassments have arisen from unforeseen causes, we have a right to legislate to prevent a repetition of those embarrassments. Our instincts tell us that no legislation should be retrospective, and should affect only positions which have 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, a feeling of painful uncertainty continues to cling to us; and in ordinary cases to be uncertain on such a point is to be in reality certain. The state of the law could not have been clear, or the statute of appeals would not have been required; and explain it as we may, it was in fact passed for a special cause against a special person; and that person a woman.

How far the parliament was justified by the extremity of the case is a further question, which it is equally difficult to answer. The alternative, as I have repeatedly said, was an all but inevitable civil war, on the death of the king; and practically, when statesmen are entrusted with the fortunes of an empire, the responsibility is too heavy to allow them to consider other interests. Salus populi suprema lex, ever has been and ever will be the substantial canon of policy with public men, and morality is bound to hesitate before it censures them. There are some acts of injustice which no national interest can excuse, however great in itself that interest may be, or however certain to be attained by the means proposed. Yet government, in its easiest tax, trenches to a certain extent on natural right and natural freedom; and trenches further and further in proportion to the emergency with which it has to deal. How far it may go in this direction, or whether Henry VIII. and his parliament went too far, is a difficult problem; their best justification is an exceptive clause introduced into the act, which was intended obviously to give Queen Catherine the utmost advantage which was consistent with the liberties of the realm. "In case," says the concluding paragraph, "of any cause, or matter, or contention now depending for the causes before rehearsed, or that hereafter shall come into contention for any of the same causes in any of the foresaid courts, which hath, doth, shall, or may touch the king, his heirs or successors, kings of this realm; in all or every such case or cases the party grieved as aforesaid shall or may appeal from any of the said courts of this realm, to the spiritual prelates and other abbots and priors of the Upper House, assembled and convocate by the king's writ in convocation."[419] If Catherine's cause was as just as Catholics and English high churchmen are agreed to consider it, the English church might have saved her. If Catherine herself had thought first or chiefly of justice, she would not perhaps have accepted the arbitration of the English convocation; but long years before she would have been in a cloister.

Thus it is that while we regret, we are unable to blame; and we cannot wish undone an act, to have shrunk from which might have spared a single heart, but _might_ have wrecked the English nation. We increase our pity for Catherine because she was a princess. We measure the magnitude of the evils which human beings endure by their position in the scale of society; and misfortunes which private persons would be expected to bear without excessive complaining, furnish matter for the lamentation of ages when they touch the sacred head which has been circled with a diadem. Let it be so. Let us compensate the queen's sorrows with unstinted sympathy; but let us not trifle with history, by confusing a political necessity with a moral crime.

The English parliament, then, had taken up the gauntlet which the pope had flung to it with trembling fingers: and there remained nothing but for the Archbishop of Canterbury to make use of the power of which by law he was now possessed. And the time was pressing, for the new queen was enciente, and further concealment was not to be thought of. The delay of the interview between the pope and Francis, and the change in the demeanour of the latter, which had become palpably evident, discharged Henry of all promises by which he might have bound himself; and to hesitate before the menaces of the pope's brief would have been fatal.

The act of appeals being passed, convocation was the authority to which the power of determining unsettled points of spiritual law seemed to have lapsed. In the month of April, therefore, Cranmer, now Archbishop of Canterbury,[420] submitted to it the two questions, on the resolution of which the sentence which he was to pass was dependent.

The first had been already answered separately by the bench of bishops and by the universities, and had been agitated from end to end of Europe--was it lawful to marry the widow of a brother dying without issue, but having consummated his marriage; and was the Levitical prohibition of such a marriage grounded on a divine law, with which the pope could not dispense, or on a canon law of which a dispensation was permissible?[421]

The pope had declared himself unable to answer; but he had allowed that the general opinion was against the power of dispensing,[422] and there could be little doubt, therefore, of the reply of the English convocation, or at least of the upper house. Fisher attempted an opposition; but wholly without effect. The, question was one in which the interests of the higher clergy were not concerned, and they were therefore left to the dominion of their ordinary understandings. Out of two hundred and sixty-three votes, nineteen only were in the pope's favour.[423]

The lower house was less unanimous, as might have been expected, and as had been experienced before; the opposition spirit of the English clergy being usually then, as much as now, in the ratio of their poverty. But there too the nature of the case compelled an overwhelming majority.[424] It was decided by both houses that Pope Julius, in granting a licence for the marriage of Henry and Catherine, had exceeded his authority, and that this marriage was therefore, _ab initio_, void.

The other question to be decided was one of fact; whether the marriage of Catherine with Prince Arthur had or had not been consummated, a matter which the Catholic divines conceived to be of paramount importance, but which to few persons at the present day will seem of any importance whosoever. We cannot even read the evidence which was produced without a sensation of disgust, although in those broader and less conscious ages the indelicacy was less obviously perceptible. And we may console ourselves with the hope that the discussion was not so wounding as might have been expected to the feelings of Queen Catherine, since at all official interviews, with all classes of persons, at all times and in all places, she appeared herself to court the subject.[425] There is no occasion in this place to follow her example. It is enough that Ferdinand, at the time of her first marriage, satisfied himself, after curious inquiry, that he might hope for a grandchild; and that the fact of the consummation was asserted in the treaty between England and Spain, which preceded the marriage with Henry, and in this supposed brief of Pope Julius which permitted it.[426] We cannot in consequence be surprised that the convocation accepted the conclusion which was sanctioned by so high authority, and we rather wonder at the persistency of Catherine's denials. With respect to this vote, therefore, we need notice nothing except that Dr. Clerk, Bishop of Bath and Wells[427] was one of an exceedingly small minority, who were inclined to believe that the denial might be true, and this bishop was one of the four who were associated with Cranmer when he sate at Dunstable for the trial of the cause.

The ground being thus opened, and all preparations being completed, the archbishop composed a formal letter to the king, in which he dwelt upon the uncertain prospects of the succession, and the danger of leaving a question which closely affected it so long unsettled. He expatiated at length on the general anxiety which was felt throughout the realm, and requested permission to employ the powers attached to his office to bring it to some conclusion. The recent alterations had rendered the archbishop something doubtful of the nature of his position; he was diffident and unwilling to offend; and not clearly knowing in the exercise of the new authority which had been granted to him, whether the extension of his power was accompanied with a parallel extension of liberty in making use of it, he wrote two copies of this letter, with slight alterations of language, that the king might select between them the one which he would officially recognise. Both these copies are extant; both were written the same day from the same place; both were folded, sealed, and sent. It seems, therefore, that neither was Cranmer furnished beforehand with a draught of what he was to write; nor was his first letter sent back to him corrected. He must have acted by his own judgment; and a comparison of the two letters is singular and instructive. In the first he spoke of his office and duty in language, chastened indeed and modest, but still language of independence; and while he declared his unwillingness to "enterprise any part of that office" without his Grace's favour obtained, and pleasure therein first known, he implied nevertheless that his request was rather of courtesy than of obligation, and had arisen rather from a sense of moral propriety than because he might not legally enter on the exercise of his duty without the permission of the crown.[428]

The moderate gleam of freedom vanishes in the other copy under a few pithy changes, as if Cranmer instinctively felt the revolution which had taken place in the relations of church and state. Where in the first letter he asked for his Grace's favour, in the second he asked for his Grace's favour _and licence_--where in the first he requested to know his Grace's pleasure as to his proceeding, in the second he desired his Most Excellent Majesty to _license_ him to proceed. The burden of both letters was the same, but the introduction of the little word license changed all. It implied a hesitating belief that the spiritual judges might perhaps thenceforward be on a footing with the temporal judges and the magistrates; that under the new constitution they were to understand that they held their offices not directly under God as they had hitherto pretended, but under God through the crown.