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CHAPTER XX.
The
Divorce of Henry VIII and the English Schism.
The separation of England from the Holy See
was not like that of Germany, the result of a combined movement of the common
people and the learned classes; it arose rather from the sensual passion and
autocratic temper of the sovereign, and consequently for a considerable length
of time had a schismatical rather than an heretical
character. The separation was favoured by the ecclesiastical and political
development of the nation, which since the fourteenth century had begun to
slacken its ties with Rome. The dependence of the clergy on the throne had
already become close under the first Tudor, Henry VII, whose accession, in
1485, not only put an end to the “War of the Roses” of the houses of York and
Lancaster, but was the beginning, especially for England, of a new epoch. Henry
VII resembled in character Ferdinand the Catholic. A man with strong gifts of
government, imbued with a sense of the prerogatives of the Crown, he let the
weight of his authority fall heavily on the nobility and the Church. When he
died, on the 21st of April 1509, he had laid deep the foundations of absolute
monarchy in England; the Parliament had learned docility, the nobles and
churchmen submission. His successor, Henry VIII, then in his eighteenth year,
determined in these respects to walk firmly in his father’s footsteps. The
capricious and despotic side of his character was at first kept in the
background; all the more conspicuous was his love of pleasure and enjoyment.
Good-looking, expert in all chivalrous accomplishments, the youthful King made
a most favourable impression on the people by his spendthrift liberality, his
splendid appearance, and the endless succession of festivities at his court.
Nor was England long in playing a great and often successful part in the
politics of Europe. After the dissolution of Parliament in 1515 the King and
his Chancellor, Cardinal Wolsey, governed without it.
Wolsey’s position, not only as a politician
but as an ecclesiastic, was an exceptional one. Since 1518 he had held the rank
of Papal Legate; this office had been conferred on him at first for one year,
and the tenure of it was afterwards prolonged to three. The extensive faculties
thus acquired, and the extraordinary plenary powers, as visitor of monasteries,
wrung by him from Leo X in August 1518, gave him an altogether abnormal
influence over Church affairs. He made use of it without scruple to gratify his
love of power and wealth. Still dissatisfied with what he had already attained,
this ambitious man demanded from Adrian VI that his legatine office should be
extended to the term of his natural life.
Luther’s new doctrine had found adherents
also in England. Wolsey was comparatively lenient in his punishment of such; he
indeed threatened them with the laws against heresy, but was restrained from
enforcing them by his temperament of man of the world. The Cardinal endeavoured
to maintain discipline and order among the clergy. Worthy also of recognition
are his benefactions to the University of Oxford, where he raised a lasting
memorial to his name in the truly regal foundation of Christ Church. It was characteristic
of him that he obtained the necessary means by the dissolution of monasteries,
under special powers obtained after a struggle from Clement VII.
The English King, in recompense for his book
against Luther, had received from Leo X the title of “Defensor Fidei,” from
Clement VII the golden rose, and from Luther, on the other hand, a
“counter-reply of unspeakable coarseness and obscenity.” Henry complained of
Luther’s insults to the Elector of Saxony, and employed Thomas More and John
Fisher to compose fresh refutations of the reformer. Nevertheless, Luther for
some time afterwards indulged in the flattering hope that he might make a
convert of the King of England, to whom with this object he addressed a very
servile letter in September 1525 begging for pardon. But Henry dismissed his
approaches with contempt. Ten years later the same King tried by flattery to
obtain from the doctor of Wittenberg an opinion favourable to his divorce. Only
this one circumstance, only the desire to discard his lawful wife in order to
marry a wanton, was the cause that led Henry to rend asunder the links that for
nearly a thousand years had bound his kingdom to the See of Peter.
Soon after his accession, Henry VIII had
married the widow of his brother Arthur, Catherine of Aragon, who, as a
daughter of King Ferdinand the Catholic, was the aunt of Charles V. On the 26th
of December 1503 Pope Julius II had issued a Bull granting the necessary
dispensation from the obstacle to a valid marriage caused by the first degree
of affinity. Catherine was five years older than Henry, but from the first the
marriage appeared to be a perfectly happy one. Five children, three boys and
two girls, were born, but the only one who lived was Mary, born in 1516. The
Queen, as pious and virtuous as she was tender-hearted, bore these successive
losses with Christian resignation. Like others of her countrywomen she aged
early; she also had frequent illnesses, and the hope of a male heir vanished.
Consequently the passionate King turned to other women. As early as 1519 he had
adulterous relations with Elizabeth Blount and later with Mary Boleyn. Yet so
little did the thought of a divorce occupy his mind that in 1519 he
commissioned the Florentine sculptor, Pietro Torregiano,
who had also executed the monument of his father, to prepare for him and his
wife a common tomb.
That Henry VIII had other mistresses besides
the two already named is probable, but not proven. According to his own
testimony, conjugal relations between him and the Queen had ceased since 1524.
The King, moreover, asseverated that serious scruples had arisen in his mind
regarding the validity of his marriage; as the Scripture forbade marriage with
a brother’s wife, he feared that he might have been living incestuously with
Catherine. It became evident only too soon that this scruple coincided with the
passion, amounting almost to ail obsession, which seized him in 1526. A lady of
Catherine’s court, Anne Boleyn, had by her attractions aroused the King’s
sensual admiration. Her resistance to his unlawful addresses, mingled as it was
with coquetry, kindled her suitor’s ardour to the highest pitch. Anne was
sister of that Mary Boleyn who had previously been Henry’s mistress. A marriage
with her was confronted by exactly the same obstacle, only in an intensified
degree, as that which now so grievously troubled the tender conscience of the
King with regard to his union with Catherine.
The bold thought of ousting the legitimate
Queen and supplanting her could hardly have entered into the head of Anne
Boleyn. Behind her stood two members of the great English nobility: her uncle,
the Duke of Norfolk, and the Duke of Suffolk. For long these two had looked
with jealousy and hatred on the position of Cardinal Wolsey in the councils of
the King. From this quarter came the notion of a divorce; the idea itself
originated in a subtly contrived plan to overthrow the all-powerful Chancellor.
Should the divorce and the marriage with Anne succeed, the downfall of the
Cardinal would follow upon them; if they did not succeed, then Wolsey would
incur the King’s wrath on account of their miscarriage, so that in either case
the fall of the hated favourite seemed certain. In entire contradiction to the
facts is the theory, at one time often upheld, that Wolsey, who was at first
antagonistic, had, against his better conscience, and to his own undoing,
consented to become the King’s tool in carrying out the business, and was the
originator of the scheme of divorce.
It is impossible to say precisely at what
moment the thought of divorce in order to remarry with Anne Boleyn took
possession of Henry, at first as a secret between him and his advisers of the
Norfolk party, and without Wolsey’s previous knowledge; the scheme can be
traced back as far as the spring of 1527, when Henry took the first steps
towards its realization. With a cunning dishonesty he managed at first to
conceal the design lurking in his heart from those who were not initiated, even
from Wolsey. The strange circumstance that, all at once, after eighteen years’
marriage with Catherine, conscientious objections to the validity of that union
should have arisen within him, he explained by referring to expressions used by
the French Bishop, Gramont of Tarbes, who, in March
and April 1527, stayed in England as head of an embassy to the English court,
and then discussed a proposal of marriage between Mary, Henry’s daughter, and
Francis I or one of his sons. The Bishop, so Henry asserted at a later date,
had given utterance to suspicions of the legitimacy of the Princess Mary, as
the marriage of Henry and Catherine had not been valid. There can be no doubt
that the words attributed to the Bishop of Tarbes were a pure invention and
Henry’s pretended scruples sheer hypocrisy.
On the day after the departure of the French
Ambassador (May 8th) Wolsey appears to have been initiated, for the first time,
into the secret of the divorce, but not in any way into the ulterior object,
the fresh marriage with Anne Boleyn. If at first he made objections and pointed
out difficulties, later events showed that his opposition could not have lasted
very long nor have been of great importance; for on the 17th of May he was
already holding, after previous arrangement with Henry, as Apostolic Legate,
with Archbishop Warham of Canterbury as assessor, a
Court of Justice before which the King was cited “to answer for eighteen years’
sinful cohabitation with Catherine.” The whole business had been preconcerted;
by means of this farce a sentence of divorce in Henry’s favour was to be
concocted, so that the King, by contracting a fresh marriage, might establish
as soon as possible an accomplished fact. After two further sittings, on the
20th and 31st of May, it became evident that this was not the way by which the
desired end was to be reached. It was now determined to try to obtain, as far
as possible, episcopal sanction for the divorce. Opinions were invited from
bishops and canonists, but not with the wished for result; the reply of Bishop
Fisher in particular—and he did not stand alone among the rulers of the
Church—was unconditionally in favour of the validity of the marriage. This
probably caused Wolsey to reflect; but the Cardinal had taken the first fatal
step, and he could now withdraw only with the greatest difficulty. As he
allowed the whole month of June to go by without carrying the matter any
further, Henry showed him clear signs of his dissatisfaction, so that he
thought it well henceforward to beat down all objections and pursue the
business with the utmost energy.
The Cardinal had now come to be pointed at
generally as the originator of the whole affair, and his enemies lost no time
in spreading this report in all directions. In reality Wolsey had entered only
with great reluctance into a matter which appeared to him almost hopeless. As
he knew the King’s obstinate will, he held that no other choice was possible
for him than to maintain his position. On former occasions he had always bowed
before Henry’s expressed wishes, and only ruled his master by convincing him
that in a given case the conduct of his servant was the means most suitable for
attaining the royal end. Confronted with the fierce passion of the King it now
never entered his mind to offer a direct opposition ; and to exhibit negligence
seemed a course full of danger.
On the 22nd of June 1527, Henry, in a brutal
manner, ordered Catherine to separate from him; he told the unhappy woman in
plain words that after questioning various theologians and canonists he had
become certain that during the whole of their married life she had been living
in mortal sin. Catherine refused with determination to admit the charge, and in
her rejoinder she brought into prominence a point which hitherto had been
overlooked. Even if it were granted that serious objections might be raised
against the Papal dispensation permitting a marriage with the wife of a
deceased brother, yet in her case they could not apply, for, as her husband
well knew, she had been Arthur’s wife only in name, for their marriage had
never been consummated.
For this disclosure Wolsey and the other
advisers of the King were not prepared. They consulted as to what should now be
done. On the 1st of July, just as the Cardinal was on the point of starting for
France, the King caused him to be told that he was no longer deceived, that he,
the Cardinal, seemed to be calling in question the justice of the King’s
“secret business.” Wolsey at once replied with the assurance that this was not
the case. Even on the assumption that the marriage with Arthur had never been
consummated, the fact still remained that he and Catherine had been married “in
facie ecclesiae”; this established the impediment of open wedlock from which
the Papal Bull gave no dispensation. Therefore the invalidity of the King’s
marriage could be asserted as much as ever, for the dispensation had been
insufficient.
After Wolsey had thus completely identified
himself with the King’s cause he started on his journey to France on the 3rd of
July, in order to meet Francis I. at Amiens, and as representative of his
master conclude the treaty with the French King. On his way from Westminster to
Dover he made an attempt to win over, or rather to circumvent, Archbishop Warham and Bishop Fisher. To the latter he alleged, with
total want of truthfulness, that the recent steps had been taken only in order
to refute the objections to the validity of the marriage. He had another object
in view as well: to blacken Catherine in the eyes of Fisher, who possessed the
Queen’s confidence, by suggesting that it was a totally unjust supposition on
her part that Henry was aiming at a divorce, and that by her violence and
impatience she was thwarting the good intentions of the King. Wolsey, in acting
thus dishonestly, had not the least suspicion that he himself throughout the
whole affair was playing the part of the duper duped; he was still in entire
ignorance of Henry’s ulterior aims and of the sordid character of the business
of which he had made himself an agent. He therefore believed that he would
achieve a masterpiece of political ability if, when in France, where his
mission, besides its main and avowed task, had also the secret object of cautiously
initiating Francis into the scheme of divorce, he were to pursue, on his own
responsibility, the project of preparing the way for a second marriage at some
future time between Henry and a French Princess, Renee, the daughter of Louis
XII. As he remained in France after the conclusion of the treaty with Francis
(16th of August 1527) up to the middle of September, it is presumable that
during that month he set his plan in motion. He believed that under the
circumstances of the hour he could carry the divorce through before the Pope
became aware of it. His ambitious scheme was nothing less than this: he wished
during the continuance of the imprisonment of Clement VII. to be appointed
Papal Vicar-General, with the fullest conceivable powers, and by means of this
delegated authority to settle the marriage question in Henry’s favour. To
secure this appointment he sent, on the 15th of September 1527, the Protonotary Uberto da Gambara to the
Pope.
Meanwhile Henry VIII himself was about to
take steps totally destructive of the schemes of the Cardinal, who hitherto was
under the belief that he held in his hands the conduct of the whole affair. In
the beginning of September Wolsey was informed that Henry was on the point of
sending his secretary Knight to Rome. Anticipating mischief, he wrote on the
5th of September to the King dissuading him from this step; nevertheless Knight
arrived at Compiegne on the 10th of September. As Wolsey himself had despatched
agents to Rome on the King’s behalf, he hoped that Knight’s mission would be
regarded as superfluous, and that the next King’s messenger, Christopher Mores,
would bring with him his recall. In order to avoid suspicion, Knight consented
to wait for Mores’ arrival; as the latter did not bring with him Knight’s
recall, the Cardinal had, on the 13th of September, to allow the latter to
continue his journey to Rome. To deceive Wolsey, Knight was enjoined to take instructions
from him; therefore the Cardinal gave the King’s secretary the draft of a Bull
conferring on him the appointment of Vicar-General of the Pope. But Wolsey was
carefully kept in ignorance of the real object of Knight's mission. Henry, in
fact, had given the latter a draft of a Bull by which the King should obtain a
dispensation to contract a fresh marriage, and that too either without a
dissolution of his marriage with Catherine—in other words, to commit bigamy—or
after a legal divorce.
Knight’s mission must have convinced Wolsey
that the intention now was to take the management of the whole affair out of
his hands. Now for the first time the suspicion arose that Anne Boleyn was the
person designed to supplant the Queen. Accordingly he changed his plans and
determined to return to England as quickly as possible, in order to regain that
place in the King’s confidence now imperilled by the secret intrigues of his
enemies. Before leaving Compiegne he addressed, on the 16th of September,
together with four other Cardinals, a letter to the Pope praying him to
delegate his authority during the period of his captivity; then, on the
following day, he began his journey to England. On his first reception at court
he at once perceived what a recognized position Anne Boleyn now held with the
King. The Cardinal’s eyes were at last opened to the real state of things. Then
it was that he remained upon his knees long imploring Henry to depart from his
resolution. Bitterly he repented the willingness with which he had flung
himself from the first, under mistaken suppositions and unconditionally, into
the scheme of divorce; but now it was too late to draw back; he saw that his
position and his life depended on this issue.
The only point on which Wolsey was able to
move Henry was that the latter should at least at first abstain from the
scandalous demand for a dispensation involving bigamy, to which the Pope, even
if he were in the last extremity, could not be expected to consent.
Consequently the King agreed to send Knight a fresh draft of a dispensation to
take the place of that previously given him. But even now the King was again
deceiving Wolsey. While Henry and Wolsey between them drew up a new draft of
dispensation, destined for Knight, the King had already secretly despatched
another draft, of the contents of which Wolsey knew nothing; moreover, Knight
had received a strictly confidential intimation not to make use of the draft
concocted with Wolsey until the secret draft should prove impracticable. The
Bull of dispensation which Henry asked for in order to contract marriage with
Anne Boleyn after divorce from Catherine, was to contain a clause dispensing
from the impediment of affinity in the first degree caused by his previous
illicit and adulterous intercourse with Anne Boleyn’s sister.
Knight reached Rome in November 1527, but
owing to the Pope’s confinement in St. Angelo he could not gain access to him.
Through intermediaries, however, he received Clement’s assurance that, if he would withdraw from Rome and wait at Narni,
he should obtain all that he asked for. After the Pope’s liberation Knight went
with him to Orvieto, and here he actually obtained, after some hesitation, the
Bull desired by Henry. It certainly had been revised in form by the Pope and
the Grand Penitentiary Pucci, but in substance was in agreement with Henry’s
draft. The Bull was drawn up on the 17th of December 1527 and sent off on the
23rd. It was only a conditional Bull dependent on the proof of the invalidity
of the marriage with Catherine. Before this proof was clearly established, the
Bull was absolutely valueless. Its contents were unimpeachable. The only evil
results that might follow from it were that it tended to harden the King’s
determination to procure a divorce, and gave him a hope that Clement would be
ready to give a prompt adhesion to his wishes. The King was all the more prone
to indulge in such expectations as the political situation was highly
favourable to him.
The Pope, smarting from the deep injuries
inflicted on him by the Emperor, was, together with Francis I, still his ally.
The material and moral support guaranteed to him by France was subsequently of
still greater importance. On his journey home Knight met, near Bologna, an
English courier carrying fresh instructions for him, Gregorio Casale, and the Protonotary Gambara.
He was therefore obliged to return to Orvieto.
The instructions contained the
above-mentioned draft of dispensation, as jointly composed by the King and
Wolsey, but also a document of much greater importance, by which Wolsey, in
accordance with an original plan of his own, sought to intervene decisively in
the whole train of circumstances. This was the draft of a Decretal Bull to be
signed by the Pope, transferring to Wolsey the entire adjudication of the case.
On the English side five points were raised to invalidate the dispensation of
Julius II of the 26th of December 1503 :—
1. The Bull states falsely that Henry
VIII wished for the marriage with Catherine, whereas his father, Henry VII,
without his son’s knowledge, had procured the Bull.
2. The reason adduced for the issue of
the dispensation, the maintenance of peace between England and Spain, was null
or at least insufficient, as the two States had not been previously at war.
3. Henry VIII was at the time (1503)
only just twelve years old, and therefore not yet capable of a marriage
dispensation.
4. The dispensation had lapsed, for at
the time of the consummation of the marriage one of the persons, between whom
peace was to be maintained by this alliance, Isabella, Queen of Castille, was
dead.
5. Henry VIII had protested against the
marriage with Catherine before its consummation, and thereby had renounced the
benefits of the dispensation.
In the Decretal Bull which Wolsey asked
Clement to publish, the Pope was to declare that these five points, if capable
of substantiation, were sufficient to invalidate the dispensation of Julius II
and therewith the marriage itself. Nothing therefore now remained to be done
but to test the soundness of these five points, and if their validity were
established in one single instance only, then Wolsey, either alone or along
with the Illyrian prelate Stafileo, was to have full
powers given him to declare null and void the dispensation of Julius II, and therewith the marriage of Henry and Catherine; for this
decision, placed in Wolsey’s hands, the Papal ratification was to be guaranteed
unconditionally and irrevocably. Never before had such a demand as this of
Henry’s been submitted to a Pope and his spiritual authority.
The draft of this decretal commission was
laid by Knight and Gregorio Casale before the Pope at
Orvieto at the end of December. They appealed to the King’s submissiveness
towards the Church and urged that if the doubt concerning the dispensation of
Julius II were not laid to rest there was the greatest danger in England of a
contested succession. Greatly as Clement appreciated the dangers that
threatened England from the failure of a male succession to the crown, yet it
appeared to him impossible to accede to the immoderate demands of the English
envoys. He first of all referred them to Cardinal Pucci, who was charged with
the management of this affair. The envoys had no greater success in this
quarter; an attempt to bribe Pucci failed. The latter moreover declared, after
an examination of the draft, that the Bull as it then stood could not be
granted without bringing indelible disgrace on the Pope as well as on Henry
VIII and Wolsey. The envoys obtained instead a commission for Wolsey and Stafileo, drawn up by Pucci, from which the very point was
omitted on which Wolsey set the greatest value, namely, the declaration that
the five points laid down, if substantiated, would suffice to annul the
marriage, so that he was also deprived of the wished-for possibility of a final
decision being given in England. As a matter of fact the plenary powers
conferred on Wolsey were thus made worthless.
Two fresh envoys were therefore sent to
Orvieto, Dr. Stephen Gardiner, Wolsey’s chief
secretary and one of the most gifted canonists in England, and Dr. Edward Fox, with instructions to obtain the decretal
commission in its original form, only, this was no longer to be drawn up for
Wolsey alone or in conjunction with Stafileo, but a
Papal Legate, if possible Campeggio, was to be sent in order to decide the case
together with Wolsey. In the case of the decretal commission being
unobtainable, the envoys were instructed at least to secure a general commission
of the most comprehensive character possible for Wolsey and Campeggio, or even
for Wolsey alone, or for him and Archbishop Warham of
Canterbury. Gardiner and Fox left London on the nth of February 1528, and on
the 21st of March, at Orvieto, met the Pope, now stripped of every vestige of
temporal power. The negotiations began on the 23rd of March and lasted until
the 13th of April. During their progress the English envoys were unceasing in
their efforts to wring from Clement the plenary powers as specified in the
English drafts. Almost daily the Pope and Cardinals held discussions of from
three to four hours’ duration, and on one occasion a conference of five hours
lasted until one in the morning. According to his own reports, Gardiner, even
if he exaggerated a good deal in order to emphasize his own zeal, displayed
towards the Pope the most unblushing arrogance; but he did not succeed thus in
extorting a full consent to the English demands.
The Pope and the Cardinals were on their
guard, and met the importunity of the English officials with great calmness and
self-control. In spite of the insolence of Gardiner’s demands, Clement never
for a moment allowed himself to give way to a hasty expression. He as well as
the Cardinals were firm in their rejection of terms which they could not and
dared not concede.
The Pope was not shaken even by the
intervention of Francis I, who, in a special letter, gave his advice on the
affair of Henry VIII. There is no justification for the charge then brought
against Clement by the English party, and renewed in our own days by recent
historians, that throughout the whole matter he was actuated entirely by
political motives, that fear of the Emperor was the only ground on which he
resisted the claims of England. The fear of the Emperor was a catchword
constantly in men’s mouths, and it was often used by the Pope himself as an
excuse for his lack of acquiescence in the English demands. But in this
particular case this was not the ruling motive ; that was to be found in his
conscientious regard for the duty of the chief ruler of the Church. What
Gardiner had at last perforce to content himself with were the Bulls of
commission of the 13th of April and the 8th of June 1528 respectively, which,
in order to leave an opening for two possibilities, were drawn up in similar
terms for Wolsey and Warham as well as for Wolsey and
Campeggio. The first Bull was despatched at once on the 13th of April, the
second, also dated from Orvieto, the 13th of April, with the commission for the
two Cardinals, was not officially executed until the 8th of June, at Viterbo.
As the mission of Campeggio to England was a certainty, the second Bull only
was made use of. By this Bull the Cardinals received full powers thoroughly to
examine whatever could be brought forward for or against the marriage of Henry
and Catherine, and especially for or against the dispensation of Julius II.;
then, after hearing both sides, to take summary proceedings, to declare the
dispensation and the marriage severally, according to the just circumstances of
the case and their convictions, to be valid and legal, or invalid and null, if
judgment should be called for by one of the parties. In case of invalidity, in
the same summary proceedings, the decree of divorce was to be declared and
liberty be given to the King and Queen to contract a fresh marriage, but in such
wise that, if it seemed good to the Cardinals, the children of the first
marriage, as well as those of the second, should be declared legitimate, and
their legitimacy protected from all question under the usual punishments and
censures of the Church.
The two Cardinals were jointly delegated for
this examination and adjudication; the English envoys, however, had carried the
clause that either of the two would be justified in carrying on the proceedings
alone, if the other were either unwilling or prevented by death or by some
other just cause. Against the procedure of the Cardinals no objection, no
appeal would be admissible; on the contrary, they were the representatives of
the full and unlimited Papal authority. But the Bull did not contain that which
for Wolsey had become the essential thing. There was no guarantee that the Pope
would confirm the decision of the Cardinals; there was no specification of the
ground on which the invalidity of the dispensation and of the marriage in the
given instances was to be pronounced.
When Fox returned to England with these
results he was received on the 3rd of May by Henry and Anne Boleyn with great
delight; it seems that both were of opinion that the goal was now almost
reached. Wolsey, on the contrary, who saw deeper, knew that from the results
brought back by Fox nothing was gained for the final decision of the case in
England; but on closer reflection he concealed his dissatisfaction in order at
least to gain time and postpone as far as possible the downfall that he knew to
be inevitable. He therefore immediately made a last effort to obtain the
Decretal Bull by means of Gardiner, who had remained behind in Italy. In
connection with this scheme Wolsey, on the 10th of May 1528, arranged a curious
scene.
In the presence of Henry VIII, Fox, and
several of the King’s procurators, he gave utterance to the solemn declaration
: Although no other subject was so devoted to his prince as he was to his King,
and though, on that account, his obedience, truth, and loyalty to Henry were so
steadfast that he would willingly sacrifice goods, blood, and life to satisfy
his “just desires,” yet he felt that his duty towards his God was greater,
before whom he must once for all give an account of his actions, and therefore
in this matter he would rather incur the King’s gravest displeasure, rather
allow himself to be torn limb from limb, than do any act of injustice, or that
the King should demand of him in this question anything that justice could not
sanction. On the contrary, if the Bull (of Julius II) should be pronounced
sufficient, he would declare it so to be. It was a pure piece of acting, got up
simply in order that Fox, who was taken in by it, and on the following day was
to send Wolsey’s new instructions to Gardiner, should send an account of it to
the latter, who would in turn relate the incident to the Pope. In this way
Clement would be brought round to such an assurance of Wolsey’s
conscientiousness and love of justice that he could have no further objections
to granting him the Decretal Bull.
The instructions sent by Fox to Gardiner on
the nth of May were to the effect that he must carry through in any possible
way the secret execution of the Decretal Bull. It must be represented to the
Pope that Wolsey’s esteem and influence with the King, and therewith the esteem attaching to the Holy See itself, are greatly dependent on the
granting of such a Bull. In order to remove the Pope’s objections Gardiner and Casale were instructed solemnly to declare and swear in
Wolsey’s name that the latter would never on the ground of this Bull begin the
process of divorce, nor show the document to a single person or in any way make
use of it so as to expose the Holy See to the least prejudice or scandal. He
would only show it to the King, and then keep it in his own private custody
simply as a pledge of the Pope’s fatherly disposition towards Henry, as a token
of personal confidence in himself, as a means of maintaining and strengthening
his position in the King’s esteem with a view to the best interests of the
Pope. There is no doubt that these solemn promises were only attempts to
deceive, and that they would not have been kept if the Pope had committed the
blunder of placing unreservedly such a compromising document in the hands of so
unscrupulous a diplomatist as Wolsey; for, if the promised secrecy were
observed, the Bull, on the whole, would be useless.
After repeated and lengthy negotiations and
much pressure from the English envoys, Gardiner was at last able, on the nth of
June 1528, to report to Henry VIII that Campeggio’s mission to England was
settled and that the Pope had promised to send the Decretal Bull by him. In
granting the Bull, Clement had carried consideration for Henry and Wolsey to
its furthest limits, but he had taken the precaution to do so under such
conditions that in reality it could never be anything more than what Wolsey, in
asking for it, had pretended it to be. The latter saw to his great disgust that
he had, in the strictest sense of the words, been taken in. The object, put
forward by Wolsey as a pretext, that the Decretal Bull was only a means of
protecting his position as much as possible and proving to the King that he had
done all that lay in his power to carry out his wishes, was attained when
Campeggio showed the document and read it aloud to the King and Chancellor. But
the misuse of the Bull, in spite of all Wolsey’s promises, could only be
prevented by Campeggio keeping the document in his own hands and destroying it
at the right moment. The contents of this document can only be conjectured, but
it must have been of such a character as to have made the divorce between Henry
and Catherine possible and even an accomplished fact, had not the Pope entirely
withheld it from the free disposal of Henry and Wolsey. Even if Clement, in
granting this illusory document, which confirmed the demands of Henry to their
full extent, was guilty of incredible weakness, yet he was acting under the
belief that the grievous blunder thus committed could be repaired by depriving
the Bull of any possible practical use, and that he could avoid all
difficulties and misunderstandings, by declaring firmly and clearly that he
could never have allowed it to be put into execution, since, as the guardian of
faith and truth, he must have repudiated its contents.
Campeggio, who entered on his mission in July
1528, was instructed to prolong his journey as much as possible, to defer
crossing the channel as long as he could, and even when in England to do his
utmost to protract the process of the divorce, and if possible to bring about a
reconciliation between the King and Queen, but in no case was he to pronounce a
final verdict without fresh and express faculties from the Pope; for it was
hoped that in the meantime God’s saving grace would perhaps incline the heart
of the King to abstain from asking the Pope to grant what could only be granted
with injustice, danger, and scandal. Campeggio reached London on the 7th of
October, suffering severely from gout. Although the court rejoiced, his reception
by the people was cold and even unfriendly. He appeared, among other aspects,
to be the harbinger of a closer approximation to France. Men said openly that
he came to be the ruin of England and to complete a deed of injustice. After
several interviews with Wolsey he had his first audience of Henry on the 22nd
of October. On the very next day the King in his impatience came to Campeggio,
and in a long conversation announced his inflexible resolve to separate from
Catherine. He urged strongly that in order to facilitate this step the Queen
should spontaneously renounce her rights and retire into a convent. Campeggio
and Wolsey were on the following day to begin to use all their arts of
persuasion on the unfortunate woman. Before seeing her they were both received
by the King; in this audience, held on the 24th of October, Campeggio read both
the Bulls, of the 13th of April and the 8th of June respectively, in which the
examination of the case was entrusted to the two Cardinals. Afterwards Henry
expressed a wish to see the Decretal Bull; Campeggio showed it to him and read
it aloud, but did not let it leave his hands, nor did anyone see it except the
King and Wolsey. If no other order came from the Pope the document, after it
had achieved its object, was to disappear. After this the Cardinals repaired to
the Queen, who received them with deep distrust; the proposal that she should
betake herself to a cloister was refused decisively on this as well as on a
second occasion on the 27th of October. Nothing would have been gained even if
she had consented, for the question of the validity of the marriage was still
open. That Catherine should have clung to her rights is quite intelligible. A
Spaniard, a daughter of the Catholic King, she certainly could not have admitted
to all the world that she had been anointed and crowned unlawfully, that for
four-and-twenty years she had been her husband’s concubine, while in her inmost
heart she believed in the validity of her marriage. She therefore was convinced
that she durst not endanger, by an act of surrender, the right of her only
child to the succession to the throne.
Wolsey, much dissatisfied with the course
things had taken up to this time, made yet another attempt to obtain the Pope’s
permission that the Decretal Bull should be shown also to the King’s advisers,
for in the instructions to Gregorio Casale of the 1st
of November 1528 he wrote down the deliberate falsehood that it was the Pope’s
intention that the Bull should be used for the information of Cardinal Campeggio
and the King’s councillors. The Pope, who now clearly perceived how imminent
the danger was that the English double-dealing might lead to some misuse of the
Bull, bitterly bewailed, when Casale presented to him
Wolsey’s demands, his previous complaisance, accused the English Cardinal of
falsehood, and declared that if it were possible he would willingly lose a
finger of his hand to undo what he had done. All Casale’s further representations were useless, even his suggestion of the evil results
which would follow on the Pope’s refusal, the apostasy of the King and with him
that of the country. But Clement now stood firm and disclaimed the
responsibility for the effects upon England of Henry’s action; he had done all
that he could do, reconcilable with his conscience, to serve the King.
According to a later report from Casale to Wolsey of
the 17th of December 1528, he repeatedly declared that he had drawn up the
Decretal Bull in order that it might be shown to the King and after that burned
forthwith.
If from the date of Campeggio’s arrival in
October 1528 until far on in the following year nothing essential was done, not
even the Court of Justice itself being constituted, this delay was certainly in
correspondence with the Legate’s intentions. It was, however, on the whole,
occasioned by Wolsey’s persevering efforts to guard the decision to be given in
England from any uncertainty regarding its legality and to be forearmed against
any appeal, before the suit began. In order to secure this he was bent either on
obtaining the Papal confirmation beforehand or on so tying the Pope’s hands
that it would be impossible for him to refuse his ratification.
An incident highly unfavourable to Henry’s
case and at the same time the cause of further delays was the sudden appearance
in England of a hitherto unknown Brief of Dispensation of the 26th of December
1503, a copy of which Catherine had procured from Spain from Charles . and
produced, probably, in November 1528. By this document Henry’s plea against the
validity of the dispensation resting on the phraseology of the Bull of
Dispensation was shaken. This Brief, auxiliary to the Bull of Dispensation,
differed from the latter in certain particulars. In the Bull the actual
consummation of the marriage of Catherine with Arthur was left open to doubt,
by the addition of the word “perhaps,” while in the Brief this word was absent,
the consummation of the marriage thus being taken for granted; again, in the
Brief, after stating the grounds on which the dispensation was given, the words
were also added, “and on other definite grounds.” Wolsey exerted himself to
render the Brief innocuous in two ways. He first tried to obtain possession of
the original, the Queen herself being treacherously induced, as though it were
in her own interest, to obtain this from the Emperor. As this attempt failed,
an endeavour was then made to get the Pope to declare that the Brief was a
forgery; this was the main object of the mission of Bryan and Vannes at the end
of November 1528, who were followed by Knight and Bennet on the same errand.
The dangerous illness of Clement VII in the beginning of 1529, when his death
seemed not improbable, once more aroused Wolsey’s longing for the tiara and in
Henry the hope that all he wished for might be obtained without trouble; but
the progress of negotiations was thereby suspended. On his recovery the Pope
declared definitely that he could not pronounce the Brief to be a forgery.
Even Campeggio felt so certain of the reports
from various quarters of the Pope’s death that on the 4th of February 1529 he
discontinued his despatch of reports to Rome. He did not again resume them
until the 18th when he addressed a letter to the Secretary of State,
Jacopo Salviati. This document, written for the most part in cipher, is in many
respects of great importance and throws a very interesting light on the “whole
tragic wretchedness of the subject.” It relates how Wolsey with clasped hands
adjured the Legate to co-operate with him so that the Pope, at any price, might
give a decision favourable to the King, as in no other way could the impending
calamities be kept back. “And in fact,” Campeggio continues, “so far as I can
see this passion of the King’s is a most extraordinary thing. He sees nothing,
he thinks of nothing but his Anne; he cannot be without her for an hour, and it
moves one to pity to see how the King’s life, the stability and downfall of the
whole country, hang upon this one question.”
Wolsey made through Gardiner one more attempt
to obtain from the Pope an extension of the legatine powers so as to include
absolute power of decision; but Clement now stood firm against any further
concessions. In the meantime also Charles V. had intervened at Rome on behalf
of Catherine, with such success that already in April the question had arisen
of revoking the powers given to the Legates in England, and transferring the
whole case to Rome. In presence of this danger Wolsey found it advisable to
abstain from pushing any further his unattainable demands, and to open the suit
and bring it as quickly as possible to an end.
On the 31st of May the court of the two
Legates was constituted, and the King and Queen were cited to appear on the 18th
of June. Catherine appeared on the first summons only in order to protest
against the tribunal. At the next sitting, on the 21st of June, at which the
King and Queen were present, the latter repeated her protest, threw herself at
the King’s feet to entreat him once more to have compassion, declared that she
would lodge an appeal with the Pope, and withdrew, never to appear again before
the Legates’ court. She was consequently declared to have acted in contumaciam, and the case proceeded without her with
great rapidity and on the pleading of one side only. In a cipher despatch to
Salviati, Campeggio complained : “In the house of a foreigner one cannot do all
one wishes; the case has no defence. A king, especially in his own house, has
no lack of procurators, attornies, witnesses, and
even laity who are hankering after his grace and favour. The Bishops of
Rochester and St. Asaph have spoken and written in support of the marriage,
also some men of learning have done the same, but in fear and on their own
responsibility; no one comes forward any longer in the Queen’s name.” The only
person who championed the unhappy princess with unfaltering courage was John
Fisher, the saintly Bishop of Rochester. The marriage of Henry and Catherine,
so he declared in the fifth sitting, on the 28th of June, was indissoluble, no
power could break their union; for this truth he was ready, like John the
Baptist, to lay down his life. Contrasted with the diplomacy and temporizing of
almost all the rest, this declaration roused twofold sympathy. But all Fisher’s
determination was powerless to effect anything. Notwithstanding Campeggio’s
objections, the case was hurried on with precipitate speed and the decision was
already looked for on the 23rd of July. This, however, Campeggio prevented, for
in the sitting of that date he adjourned the court during the Roman law
vacations until the 1st of October. The sittings were never resumed, and in
this way Wolsey was defeated.
It was high time for the case to be
transferred to Rome; there had been too much delay. Not until Clement VII felt
that he was strongly backed by his alliance with Charles V did he urge him to
take decided steps. A Consistory of the 16th of July 1529 determined that on
the ground of the Queen’s appeal the case should be brought before the judicial
court of the Rota at Rome. This did away with the powers of the English
Legates. On the 19th of September Campeggio had his farewell audience of Henry
and took leave of him on friendly terms. His journey was delayed by an attack
of gout; he had intended to leave Dover, where he had been since the 8th of
October, on the 26th of that month, but before he could do so he had to submit
to treatment of a most disrespectful kind; his luggage was searched on the
pretext that he might be taking to Rome treasure and compromising letters from
Wolsey; the real reason, at all events, was that it was hoped in this way still
to get possession of the Decretal Bull. As this, however, had been long since
destroyed, this inquisition was without result.
Before Campeggio left, the news of Wolsey’s
downfall had already reached him. The latter was now paying for the miscarriage
of the divorce suit; by the 9th of October the proceedings against him had
begun; on the 16th he was called on to deliver up the Great Seal. Robbed of his
property and forbidden the court, again for a brief moment appearing to be
restored to his sovereign’s favour, he was finally charged with high treason.
Arrested at Cawood on the 4th of November 1530, he died on the 29th of that
month at Leicester Abbey, a house of Augustinian canons, on his way to London,
where, it may well be, the supreme penalty awaited him.
Together with Henry VIII, whose adulterous
passion would submit to no check, Wolsey, by his base servility to the King,
undoubtedly shares a great portion of the guilt of the severance of England
from the Church. He himself passed judgment on his conduct in the words spoken
shortly before his death: “If I had served God as diligently as I have done my
King, He would not have given me over in my grey hairs. But this is the just
reward I must receive, for in my diligent pains and studies to serve the King,
I looked not to my duty towards God, but only to the gratification of the
King’s wishes.”
In the light of history Wolsey
stands out as the powerful statesman to whom the England of Henry VIII was
indebted for her greatness and importance, but also as the pliant and
unconscientious prelate who, by his unworthy obsequiousness in subserving the
King’s shameful desires, became in a degree responsible for the unhappy rupture
in the Church which he wished to avoid. Too willing courtiers and servile
diplomatists, even when clothed in ecclesiastical garb, have in all ages only
been a cause of misfortune to the Church.
After Wolsey’s fall, Anne Boleyn, as the
French Ambassador clearly pointed out, wielded through her uncle and father an
influence in the Cabinet as unlimited as that which she had hitherto for long
held over her suitor, the King. There now appeared gradually on the scene
another counsellor not less ambitious and not less unscrupulous than Wolsey,
who was ready to shrink from nothing that could serve the purposes of the
lustful king. This was Thomas Cranmer, the domestic chaplain of the Boleyns. He eagerly pursued the scheme of procuring from
the most famous universities of Europe opinions favourable to the divorce. In
England the same attempt was made by the issue from the press of writings unfit
for publication. In France and Italy recourse was had to bribery.
At the same time Henry made a fresh effort to
win over to his side the Emperor as well as the Pope. In the beginning of 1530
he sent Anne Boleyn’s father, recently raised to the earldom of Wiltshire, to
Bologna with the ostensible mission of conferring with the Pope and Emperor on
the general peace and confederation against the Turks; in reality he was sent
in the interests of the divorce. He was to lay before the Emperor strong
arguments against the validity of Henry’s marriage with Catherine, but Charles
made short work of his representations. He was not more successful with the
Pope, who eight days before Wiltshire’s arrival had, by a Brief of the 7th of
March 1530, transferred the matter of the English marriage to Capisucchi, Auditor of the Rota. A Brief of the 21st of
March prohibited anything being said or written against the validity of the
marriage. The presence of the English Ambassador was made use of to deliver to
him the citation summoning Henry to appear at Rome before the tribunal of the
Rota. Yet the Pope consented to a postponement of the case, if Henry would
promise in the meantime not to make any alteration in the state of things in
England, and the King accepted the offer upon this condition.
In the meantime the opinions of the
universities, extorted by force and cunning, were coming in. Henry’s delight at
the favourable replies, many of which he was particularly successful in
obtaining from French seats of learning, was diminished by the fact that other
universities declared that the dissolution of his marriage with Catherine was
only justifiable on the ground of the consummation of her marriage with Arthur,
which the Queen denied on oath and the King was unable to prove. The hope also
that the favourable opinions of the universities would move the Pope to give way
proved idle. It now occurred to Henry VIII that a meeting of Parliament might
bring pressure to bear on the Holy See. On the 13th of July 1530 an address to
the Pope, composed at Henry’s instigation, was issued by the English prelates
and nobles. In it, with a reference to the opinions of the universities, the
demand was put forward that Clement without delay should pronounce the
dissolution of the King’s marriage; with this was coupled the threat that
otherwise England would settle the question unaided. The Pope’s answer, of the
27th of September, was a calm refusal of this demand. His decision would be
given with such speed as was consonant with justice; neither the King nor his
subjects could demand any other treatment.
About this time the English envoys seem again
to have importuned the Pope with a demand for his sanction of a double
marriage. Gregorio Casale, on the 18th of September
1530, sent a report on the matter giving the impression that the proposal had
come from the Pope, and that the latter was inclined towards such a solution of
the difficulty. Casale represents himself as having,
“with an astonishing semblance of sanctimoniousness,”
replied that he durst not write in such terms to the King, as he feared that
the Royal conscience, which it was the main object in this whole affair to
pacify, would not consent to such an issue.
How unreliable this account was is shown by
the despatch of William Bennet, in any case a more trustworthy man, sent to
Henry on the 27th of October 1530. Soon after his arrival Clement had engaged
him in conversation on the subject of a dispensation to have two wives, but his
remarks were so ambiguous that Bennet suspected that the Pope either intended
to draw from Henry a recognition of the unlimited nature of the dispensing
power—since a dispensation to contract a bigamous marriage was at least no
easier matter than the previous one for the marriage with Catherine—or that he
wished in this way to keep the King in check in order to gain time. “I asked
Clement VII,” Bennet continued, “if he were certain that such a dispensation
was admissible, and he answered that he was not; but he added that a
distinguished theologian had told him that in his opinion the Pope might in
this case dispense in order to avert a greater evil; he intended, however, to
go into the matter more fully with his council. And indeed the Pope has just
now informed me that his council (known as the Consistory of Cardinals) had
declared to him plainly that such a dispensation was not possible.” If Clement
had thus really hesitated for a time over the possibility of a dispensation for
a dual marriage, his uncertainty was soon brought to an end by this categorical
denial of its admissibility, and there are not the remotest grounds for
speaking of a parallel between Clement’s attitude and
that of Luther towards double wedlock.
On the 6th of December 1530 Henry VIII wrote
a letter to the Pope containing violent complaints and taunting him with
complete subserviency to the Emperor. Cardinal Accolti was instructed to send a reply. “As,” said Clement, “we stand between the
Defender of the Faith on one hand and the Advocate of the Church on the other,
no suspicion of partiality ought to be raised against us, since we are governed
by the same sentiment of affection towards the one as towards the other.
Besides, we call on God as our witness and give the surety of our pontifical
word that the Emperor has never asked of us anything except simple justice. For
he said to us that if the Queen’s cause was unjust it was not his intention to
uphold it, rather must he in that case cast the burden of the matter on those
who were the means of bringing such a marriage about. But if the Queen was in
the right he would then be doing shameful despite to his honour if he allowed
her to be unlawfully oppressed. Whether the English envoys have demanded
justice from us in like way is a matter of which the King cannot be ignorant.”
The Pope protested that his decision would be given only in accordance with
justice.
A Papal Brief of the 5th of January 1531
renewed the edict of the 7th of March 1530 containing the threat of
ecclesiastical punishments and censures for Henry VIII and any female who
should contract marriage with him while the case was under adjudication by the
Rota. Henry, who had now no further hope of bending Clement to his will, took,
without further delay, the first step on the road leading inevitably to the
total separation of Englandfrom the Holy See. A
general convocation of the English clergy, held in the middle of January 1531,
was called upon to acknowledge the King as supreme head of the Church and
clergy of England, to which declaration convocation, now forced to abandon
their previous opposition, added at least the clause “so far as the law of
Christ permits.”
The inquiry set on foot in Rome made no
advance of any importance in the year 153I. Henry neither appeared in person on
his citation nor did he send a representative, but he protested through his
Ambassador and Dr. Carne, who had been sent to Rome
as “Excusator” for his non-appearance and to demand
that the case should again be remitted to England. The proposal, by way of
compromise, emanating from Rome that the case should be transferred to some
neutral locality, such as Cambrai, was rejected both by the English King and by
the Emperor as Catherine’s representative. Henry then proceeded to discontinue
the recognition of Catherine as Queen de facto, for in August 1531 he
banished her from court, while the apartments formerly belonging to her were
occupied by Anne Boleyn.
On the 25th of January 1532, Clement,
according to an agreement with the Emperor, addressed a Brief to Henry
containing earnest but temperate remonstrances against his course of action and
exhorting him to recognize Catherine as his lawful wife and to dismiss Anne
Boleyn until the decision in the case was given. This Brief was delivered to
the King on the 13th of May, but produced no effect. On the contrary, in the
spring of this year he took another and more important step hostile to the Holy
See, for he carried an Act of Parliament abolishing annates, the execution of
which was left to the King’s discretion. At the end of October 1532 a meeting
between Henry VIII and Francis I took place at Boulogne. The former hoped at
that time that Francis would succeed in inducing the Pope to lay aside his
opposition to the divorce. France in that case might depend on the support of
England in the event of a war with the Emperor.
Francis entered into this plan. He sent
Cardinals Gramont and Tournon to Rome with instructions to threaten the apostasy of the Kings of France and
England if the Pope did not assist the one in his schemes for the acquisition
of the Duchy of Milan and the other in his marriage with Anne Boleyn. In
consequence, however, of Charles’s successful campaign against the Turks, the
terms of this message were considerably toned down. Before leaving Bologna the
Pope once more addressed an admonition to Henry which was also couched
throughout in gentle language. This was occasioned by the elevation of Anne
Boleyn on the 1st of September 1532 to the rank of Marchioness of Pembroke, and
her journey in company with Henry to Calais in October, when she was presented
to Francis I as the future Queen. The Pope threatened the adulterous couple
with excommunication if they did not separate before the expiration of a month
and Henry did not return to his legitimate consort; at the same time he renewed
all former enactments against attempts to procure a divorce in England and the
marriage with Anne Boleyn, and declared afresh the nullity of all such
proceedings. Henry retorted by the strict prohibition “of the publication of
anything whatever against the Royal authority if coming from Rome, or any
attempts to hinder the execution of those Acts passed in the last Parliament
for the removal of abuses abounding among the clergy.”
On the 25th of January 1533 Henry VIII was
secretly married to Anne Boleyn, whose pregnancy as affecting the future
child’s right of succession made further delay impossible, although of the
final decision regarding the dissolution of his marriage with Catherine not a
syllable had hitherto been uttered. On the 12th of April (Easter) Anne Boleyn
appeared publicly for the first time as his consort.
In the meantime the death of Archbishop Warham of Canterbury, in August 1532, was of great
advantage to Henry, for he was thus enabled to appoint a successor to the see
on whose entire subserviency he could depend. His choice fell on Thomas
Cranmer, who had become his secretary through Anne Boleyn’s influence. He was
“an obsequious servant and an intriguer, fertile in ideas, whose services were
also at the disposal of his master’s wishes.” Although for long alienated at
heart from the Church, this immoral priest succeeded in deceiving the Pope as to
his position, so that after receiving the confirmation of his appointment on
the 30th of March 1533, he was able to be consecrated. In him Henry and Anne
found a worthy instrument ready to carry out all their wishes. Henry, in
previous collusion with Cranmer, went through the farce of a judgment on his
marriage. Cranmer cited Henry and Catherine before his court at Dunstable,
where the proceedings began on the 10th of May. Catherine, however, only signed
two protests, for she refused to recognize Cranmer as judge, and took no
further notice of his proceedings. On the 23rd of May Cranmer pronounced the
marriage of Henry with Catherine null and void, and on the 28th he declared the
marriage with Anne Boleyn valid. Thereupon the latter was, on June the 1st, crowned
with great pomp as Queen.
On being informed of these proceedings,
Clement VII hesitated in characteristic fashion for some time, and then at
last, on the nth of July 1533, he gave sentence against Henry, pronounced the
marriage with Anne Boleyn null and void, and the offspring, if any, of the
union illegitimate, and laid the King under the greater excommunication. But
even yet a time of grace was given him up to the end of September. The
excommunication was not to take full effect until he showed his final
disobedience in retaining Anne Boleyn and refusing to restore Catherine to her
rightful place as Queen and wife. Cardinal Tournon succeeded in obtaining from Clement a further respite of a month from the 26th
of September. The latter hoped, it would seem, that a reconciliation might be
brought about, although all hope of one had for long been abandoned, and
consented, on his meeting Francis I at Marseilles, to a yet further
postponement to the end of November at that King’s request and out of regard
for the new English envoys whose arrival was expected. The mission, headed by
Gardiner, treated Clement, to the great disgust of Francis, with extreme
insolence and demanded the withdrawal of the sentence against Henry. To the
Pope’s friendly proposal that the whole case should be reheard at Avignon by
special Legates, on condition that Henry recognized the Papal authority and
promised to accept the final decision, Gardiner replied that he had no powers.
On the 7th of November 1533 the English envoys presented to the Pope Henry’s
appeal to a council.
In the session of Parliament opened on the
15th of January 1534 Henry passed a series of resolutions of an anti-Papal
tendency; the annates and other payments to Rome were finally abolished; the
power of jurisdiction hitherto exercised by the Pope was transferred to the
King; the bishoprics were to be filled by capitular election, which, however,
was to be determined in favour of the person chosen by the King. A further Act
contained a declaration against the “usurped authority of the Bishop of Rome,”
as the Pope henceforward was to be designated. By the Act of Royal Succession
the marriage with Catherine also was declared null from the beginning and the
Princess Mary illegitimate, while on the other hand the children of Anne alone
were in the rightful succession to the throne. The sanguinary measures against
the opponents of Henry’s policy began with the trial of the “Maid of Kent”; the
execution of this nun and her fellow-sufferers opened up a period which lasted
throughout the following thirteen years of Henry’s reign and may well be
described as a “reign of terror.”
Almost simultaneously with Henry’s last step,
so long dreaded by the Roman Curia, towards severing the bonds which for a
thousand years had linked England with the Church and the Papal authority, came
the final decision in the Rota on the question of the divorce. If the Pope,
hoping that the King’s passion would cool down with time, had previously
carried compliance to too great a length and repeatedly arrested the course of
true justice, while also exposing himself by his imperturbable silence to the
unjust reproaches of the English envoys, there was one thing still remaining
which he would not sacrifice at any cost, namely, the sanctity of the marriage
bond. Even at the risk of losing England to the Church he withstood the
tyrannical king on this point from the consciousness of a higher duty. After
long and thorough deliberation Clement, on the 24th of March 1534, pronounced
in secret Consistory the final sentence, in which the marriage with Catherine
was declared valid and lawful and the King bound in duty again to receive and
honour the unhappy woman as his wife. As a rejoinder thereto Henry VIII and
Thomas Cromwell now proceeded to carry out without scruple the recent
Parliamentary enactments. Those who, like Sir Thomas More and Bishop Fisher of
Rochester, refused the new oath of the Royal succession, containing by tacit
implication a recognition of the King’s supremacy over the Church, fell victims
to the tyrant’s wrath. The severity of Henry’s action surprised his people, who
had not anticipated so extreme a crisis, and in a credulous optimism had hoped
that the storm would soon pass over. In addition there was the unfortunate
circumstance that the exceptional position long held by Wolsey as Chancellor
and Legate had habituated men’s minds to the combination in one person of the
highest temporal and spiritual power.
The boundless pusillanimity of the majority
of the clergy was fatal. The full significance was now made clear of the
principle of the supreme authority of the English Crown in matters spiritual
which was involved in the so-called statute of Praemunire passed as long ago as
1365. If so learned a man as Thomas More held erroneous and perverted views on
the Primacy until closer study brought him to the light, we can measure the
extent to which such views were current among the majority of Englishmen. The
oppressive measures of Henry, unflinchingly carried out, did the rest. When, in
the summer of 1534, the oath was tendered to the whole of the secular and
regular clergy, abjuring the Papal and acknowledging the Royal supremacy over
the Church, almost all submitted. The Observants of the Franciscan Order were
conspicuous in their resistance, but among the secular clergy the threat of the
confiscation of their benefices had for the most part the desired effect.
When Clement VII died on the 25th of
September 1534, the English schism had become an accomplished fact. The
Parliament and most of the clergy were in complete subjection to the King, who
now held the temporal and spiritual authority combined, and had raised his
mistress to the throne. If Henry, in dragging down the English Church to a
state of schism in an outburst of despotic caprice and adulterous passion, had
not at first thought of more inward revolutions in faith and worship, yet
assuredly it was only a matter of time that by the further exercise of the
arbitrary power of the sovereign, that Church should be transformed into a community
based on principles of Protestantism.
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