History of the Catholic Church from the Renaissance to the French Revolution - Volume 2 by James MacCaffrey (free e books to read online txt) 📖

he was opposed to the separation, and that without his knowledge or consent negotiations should be opened directly with the Roman court. An agent was dispatched to Rome and succeeded in securing an interview with Clement VII., after the latter had made his escape from Rome to Orvieto (December 1527). It was contended on behalf of the king that the dispensation granted by Julius II. was null and void. In proof of this it was contended: that in the Bull it had been stated that Henry desired to marry Catharine, and that the marriage was necessary for preserving peace between England and Spain, both of which statements, it was alleged, were false; that at the time the disposition was granted Henry was only twelve years of age and therefore incapable of accepting it; that several persons mentioned in the Bull, as for example, Queen Isabella and Henry VII., had died before the marriage took place; and lastly that when Henry reached the age of puberty he had protested against the marriage, thereby renouncing for himself the favours granted in the Bull of dispensation.[5] Later on it was contended, by those who favoured the separation, that the dispensation was issued by the Pope on the supposition that the marriage between Arthur and Catharine had not been consummated, and that therefore, since this condition was not verified, the dispensation was invalid. But here they were faced with the difficulty that the great weight of evidence favoured the view that the marriage had not been consummated; that in any case the dispensation was ample enough to cover both the impediment of affinity and public honesty; and that, whatever might be said against the Bull of dispensation, no such objection could be urged against the brief said to have been forwarded by the Pope to the court of Spain.[6] As the English agents had been instructed to seek not merely the appointment of a commission to declare the invalidity of the dispensation, and consequently of the marriage, but also for a dispensation which would permit the king to marry a woman related to him in the first degree of affinity, whether the affinity had been contracted by a lawful or unlawful connexion, it was thought prudent not to lay stress on the argument that marriage with the deceased brother's wife was prohibited by the divine law, and that, therefore, the Pope could not grant a dispensation such as had been issued by Julius II. At a later date great stress was laid upon this argument.

Clement VII., while not unwilling to grant the dispensation requested,[7] did not think it consistent with his own honour or that of the king, to grant the commission according to the terms drawn up for him in England. A new embassy, consisting of Edward Foxe, and Dr. Stephen Gardiner, Wolsey's secretary, was dispatched, and arrived at Orvieto in March 1528. The victorious progress of the French armies in Italy (1527-28), by relieving Clement VII. from the pressure of the imperial party, favoured the petition of Henry VIII. Arguments drawn from canon law and from theology were driven home by Gardiner with a fluency and wealth of knowledge that astonished the papal advisers, and when arguments failed, recourse was had to threats of an appeal to a general council, and of the complete separation of England from the Holy See. The decretal commission demanded by the English ambassadors was, however, refused; but, in its place, a decree was issued empowering Cardinal Wolsey and Cardinal Campeggio to try the case in England and to pronounce a verdict in accordance with the evidence submitted to them. As this fell very far short of what had been demanded by the English envoys, new demands were made for a more ample authority for the commission, and in view of the danger that threatened the Catholic Church in England, Clement VII. yielded so far as to promise that he would not revoke the jurisdiction of those whom he had entrusted with the trial of the case (July 1528).[8]

Meanwhile news of what was in contemplation was noised abroad. Many of the English merchants, fearing that hostility to the empire would lead to an interruption of their trade especially with the Netherlands, detested the new foreign policy of the king, while the great body of the people were so strongly on the side of Catharine that were a verdict to be given against her a popular rebellion seemed inevitable. So pronounced was this feeling even in the city of London itself, that Henry felt it necessary to summon the Lord Mayor and the Corporation to the royal palace, where he addressed them on the question that was then uppermost in men's minds. He spoke of Catharine in terms of the highest praise, assured them that the separation proceedings were begun, not because he was anxious to rid himself of a wife whom he still loved, but because his conscience was troubled with scruples regarding the validity of his marriage, and that the safety of the kingdom was endangered by doubts which had been raised by the French ambassador regarding the legitimacy of Princess Mary. To put an end to these doubts, and to save the country from the horror of a disputed succession, the Pope had appointed a commission to examine the validity of the marriage; and to the judgment of that commission whatever it might be he was prepared to yield a ready submission. He warned his hearers, however, that if any person failed to speak of him otherwise than became a loyal subject towards his sovereign condign punishment would await him. To give effect to these words a search was made for arms in the city, and strangers were commanded to depart from London.[9]

Though the commission had been granted in April, Cardinal Campeggio was in no hurry to undertake the work that was assigned to him. He did not leave Rome till June, and he proceeded so leisurely on his journey through France that it was only in the first week of October that he arrived in London. In accordance with his instructions, he endeavoured to dissuade the king from proceeding further with the separation, but as Henry was determined to marry the lady of his choice even though it should prove the ruin of his kingdom, all the efforts of Campeggio in this direction were in vain. He next turned his attention to Catharine, in the hope of persuading her to enter a convent, only to discover that her refusal to take any step likely to cast doubts upon her own marriage and the legitimacy of her daughter was fixed and unalterable. At the queen's demand counsel was assigned to her to plead her cause. The situation was complicated by the fact that Julius II. appears to have issued two dispensations for Henry's marriage, one contained in the Bull sent to England, the other in a brief forwarded to Ferdinand in Spain. The queen produced a copy of the brief, which was drawn up in such a way as to elude most of the objections that were urged against the Bull on the ground that the marriage had been consummated. The original of the brief was in the hands of the Emperor, and various attempts were made to secure the original or to have it pronounced a forgery by the Pope; but the Emperor was too wily a diplomatist to be caught so easily, and the Pope refused either to order its production or to condemn it without evidence as a forgery.[10] This question of the brief was seized upon by Cardinal Campeggio as a good opportunity for delaying the trial. At last on the 31st May 1529, the legates Wolsey and Campeggio opened the court at Blackfriars, and summoned Henry and Catharine to appear before them in person or by proxy on the 18th June. Both king and queen answered the summons, the latter, however, merely to demand justice publicly from the king, to protest against the competence and impartiality of the tribunal, and to lodge a formal appeal to Rome. Her appeal was disallowed, and on her refusal to take any further part in the trial she was condemned as contumacious; but even still she was not without brave and able defenders. Bishop Fisher of Rochester spoke out manfully against the unnatural and unlawful proceedings,[11] and his protest found an echo not merely in the court itself but throughout the country. The friends of Henry, fearing that the Pope might revoke the power of the legates, clamoured for an immediate verdict; but this Campeggio was determined to prevent at all costs. By insisting upon all the formalities of law he took care to delay the proceedings till the 23rd July, when he announced that the legatine court should follow the rules of the Roman court, and should, therefore, adjourn to October. Already he was aware of the fact that Clement VII., yielding to the entreaties of Catharine and the demands of the Emperor, had reserved the decision of the case to Rome (19th July), and that the summons to the king and queen to proceed there to plead their cause was already on its way to England.[12]

Henry, disguising his real feelings, pretended to be satisfied; but in reality his disappointment was extreme. Anne Boleyn and her friends threw the blame entirely on Wolsey. They suggested that the cardinal had acted a double part throughout the entire proceedings. For a time there was a conflict in the king's mind between the suggestions of his friends and the memory of Wolsey's years of loyal service; but at last Henry was won over to the party of Anne, and Wolsey was doomed to destruction. He was deprived of the office of Lord Chancellor which was entrusted to Sir Thomas More (Oct. 1529), accused of violating the statute of Praemunire by exercising legatine powers, a charge to which he pleaded guilty though he might have alleged in his defence the permission and authority of the king, indicted before Parliament as guilty of high treason, from the penalty of which he was saved by the spirited defence of his able follower Thomas Cromwell (Dec.), and ordered to withdraw to his diocese of York (1530). His conduct in these trying times soon won the admiration of both friends and foes. The deep piety and religion of the man, however much they might have been concealed by his fondness for pomp and display during the days of his glory, helped him to withstand manfully the onslaughts of his opponents. His time was spent in prayer and in the faithful discharge of his episcopal duties, but the enemies who had secured his downfall at court were not satisfied. They knew that he had still a strong hold on the affections of the king, and they feared that were any foreign complications to ensue he might be recalled to court and restored to his former dignities. They determined therefore to bring about his death. An order for his arrest and committal to the Tower was issued, but death intervened and saved him from the fate that was in store for him. Before reaching London he took suddenly ill, and died after having received the last consolations of religion (Nov. 1530).

Henry, having failed to obtain a favourable verdict from the legatine commission, determined to frighten the Pope into compliance with his wishes by showing him that behind the King of England stood the English Parliament. The most elaborate precautions were taken to secure that members likely to be friendly were elected. In many cases together with the writs the names of those whose return the court desired were forwarded to the sheriffs.[13] The Parliament that was destined to play such a momentous part in English affairs met in 1529. It was opened by the king in person attended by Sir Thomas More as Lord Chancellor. At a hint from the proper quarter it