[Sidenote: May 12. The king is cited to appear at Rome.]

[Sidenote: The censures of the church suspended only till the emperor can execute them.]

[Sidenote: The pope's resolution and the explanation of it.]

On the 12th of May a citation was issued against the King of England, summoning him to appear by person or proxy at a stated day. It had been understood that no step of such a kind was to be taken before the meeting of the pope and Francis; Bennet, therefore, Henry's faithful secretary, hastily inquired the meaning of this measure. The pope told him that it could not be avoided, and the language which he used revealed to the English agent the inevitable future. The king, he said, had defied the inhibitory brief which had been lately issued, and had incurred excommunication; the imperialists insisted that he should be proceeded against for contempt, and that the excommunication should at once be p.r.o.nounced. However great might be his own personal reluctance, it was not possible for him to remain pa.s.sive; and if he declined to resort at once to the more extreme exercise of his power, the hesitation was merely until the emperor was prepared to enforce the censures of the church with the strong hand. It stood not "with his honour to execute such censures," he said, "and the same not to be regarded."[149] But there was no wish to spare Henry; and if Francis could be detached from his ally, and if the condition of the rest of Christendom became such as to favour the enterprise, England might evidently look for the worst which the pope, with the Catholic powers, could execute. If the papal court was roused into so menacing a mood by the mere intimation of the secret marriage, it was easy to foresee what would ensue when the news arrived of the proceedings at Dunstable. Bennet entreated that the process should be delayed till the interview; but the pope answered coldly that he had done his best and could do no more; the imperialists were urgent, and he saw no reason to refuse their pet.i.tion.[150] This was Clement's usual language, but there was something peculiar in his manner. He had been often violent, but he had never shown resolution, and the English agents were perplexed. The mystery was soon explained.

He had secured himself on the side of France; and Francis, who at Calais had told Henry that his negotiations with the see of Rome were solely for the interests of England, that for Henry's sake he was marrying his son into a family beneath him in rank, that Henry's divorce was to form the especial subject of his conference with the pope, had consented to allow these dangerous questions to sink into a secondary place, and had relinquished his intention, if he had ever seriously entertained it, of becoming an active party in the English quarrel.

[Sidenote: Delay of the interview between the pope and Francis.]

[Sidenote: The true purposes of that interview.]

The long talked-of interview was still delayed. First it was to have taken place in the winter, then in the spring; June was the date last fixed for it, and now Bennet had to inform the king that it would not take place before September; and that, from the terms of a communication which had just pa.s.sed between the parties who were to meet, the subjects discussed at the conference would not be those which he had been led to expect. Francis, in answer to a question from the pope, had specified three things which he proposed particularly to "intreat." The first concerned the defence of Christendom against the Turks, the second concerned the general council, and the third concerned "the extinction of the Lutheran sect."[151] These were the points which the Most Christian king was anxious to discuss with the pope. For the latter good object especially, "he would devise and treat for the provision of an army." In the King of England's cause, he trusted "some means might be found whereby it might be compounded;"[152] but if persuasion failed, there was no fear lest he should have recourse to any other method.

It was this which had given back to the pope his courage. It was this which Bennet had now to report to Henry. The French alliance, it was too likely, would prove a broken reed, and pierce the hand that leant upon it.

[Sidenote: Probable isolation of England.]

[Sidenote: Policy of Francis.]

Henry knew the danger; but danger was not a very terrible thing either to him or to his people. If he had conquered his own reluctance to risk a schism in the church, he was not likely to yield to the fear of isolation; and if there was something to alarm in the aspect of affairs, there was also much to encourage. His parliament was united and resolute. His queen was pregnant. The Nun of Kent had a.s.signed him but a month to live after his marriage; six months had pa.s.sed, and he was alive and well; the supernatural powers had not declared against him; and while safe with respect to enmity from above, the earthly powers he could afford to defy. When he finally divorced Queen Catherine, he must have foreseen his present position at least as a possibility, and if not prepared for so swift an apostasy in Francis, and if not yet wholly believing it, we may satisfy ourselves he had never absolutely trusted a prince of metal so questionable.

The Duke of Norfolk was waiting at the French court, with a magnificent emba.s.sy, to represent the English king at the interview. The arrival of the pope had been expected in May. It was now delayed till September; and if Clement came after all, it would be for objects in which England had but small concern. It was better for England that there should be no meeting at all, than a meeting to devise schemes for the ma.s.sacre of Lutherans. Henry therefore wrote to the Duke, telling him generally what he had heard from Rome; he mentioned the three topics which he understood were to form the matter of discussion; but he skilfully affected to regard them as having originated with the imperialists, and not with the French king. In a long paper of instructions, in which earnestness and irony were strangely blended, he directed the amba.s.sador to treat his good brother as if he were still exclusively devoted to the interests of England; and to urge upon him, on the ground of this fresh delay, that the interview should not take place at all.[153]

[Sidenote: The king's instructions to the Duke of Norfolk to "disappoint the interview."]

[Sidenote: The "Three Articles" proposed for discussion will be wholly to the advantage of the Imperialists]

"Our pleasure is," he wrote, "that ye shall say ------ that we be not a little moved in our heart to see our good brother and us, being such princes or Christendom, to be so handled with the pope, so much to our dishonour, and to the pope's and the emperor's advancement; seeming to be at the pope's commandment to come or tarry as he or his cardinals shall appoint; and to depend upon his pleasure when to meet--that is to say, when he list or never. If our good brother and we were either suitors to make request, the obtaining whereof we did much set by, or had any particular matter of advantage to entreat with him, these proceedings might be the better tolerated; but our good brother having no particular matter of his own, and being ... that [no] more glory nor surety could happen to the emperour than to obtain the effect of the three articles moved by the pope and his cardinals, we think it not convenient to attend the pleasure of the pope, to go or to abyde. We could have been content to have received and taken at the pope's hand, jointly with our good brother, pleasure and friendship in our great cause; [but] on the other part, we cannot esteem the pope's part so high, as to have our good brother an attendant suitor therefore ...

desiring him, therefore, in anywise to disappoint for his part the said interview; and if he have already granted thereto--upon some new good occasion, which he now undoubtedly hath--to depart from the same.

[Sidenote: He has found by experience that the friendship of the pope is not vital to England.]

[Sidenote: King Henry knows the pope and himself also.]

"For we, ye may say, having the justness of our cause for us, with such an entire and whole consent of our n.o.bility and commons of our realm and subjects, and being all matters pa.s.sed, and in such terms as they now be, do not find such lack and want of that the pope might do, with us or against us, as we would for the obtaining thereof be contented to have a French king our so perfect a friend, to be not only a mediator but a suitor therein, and a suitor attendant to have audience upon liking and after the advice of such cardinals as repute it among pastymes to play and dally with kings and princes; whose honour, ye may say, is above all things, and more dear to us in the person of our good brother, than is any piece of our cause at the pope's hands. And therefore, if there be none other thing but our cause, and the other causes whereof we be advertised, our advice, counsel, special desire also and request is, [that our good brother shall] break off the interview, unless the pope will make suit to him; and [unless] our said good brother hath such causes of his own as may particularly tend to his own benefit, honour and profit--wherein he shall do great and singular pleasure unto us; _giving to understand to the pope, that we know ourselves and him both and look to be esteemed accordingly_."

Should it appear that on receipt of this communication, Francis was still resolved to persevere, and that he had other objects in view to which Henry had not been made privy, the amba.s.sadors were then to remind him of the remaining obligations into which he had entered; and to ascertain to what degree his a.s.sistance might be calculated upon, should the pope p.r.o.nounce Henry deposed, and the emperor attempt to enforce the sentence.

[Sidenote: Intended appeal to a general council.]

[Sidenote: The advantages of this measure.]

[Sidenote: June 29.]

After forwarding these instructions, the king's next step was to antic.i.p.ate the pope by an appeal which would neutralize his judgment should he venture upon it; and which offered a fresh opportunity of restoring the peace of Christendom, if there was true anxiety to preserve that peace. The hinge of the great question, in the form which at last it a.s.sumed, was the validity or invalidity of the dispensation by which Henry had married his brother's widow. Being a matter which touched the limit of the pope's power, the pope was himself unable to determine it in his own favour; and the only authority by which the law could be ruled, was a general council. In the preceding winter, the pope had volunteered to submit the question to this tribunal; but Henry believing that it was on the point of immediate solution in another way, had then declined, on the ground that it would cause a needless delay.

He was already married, and he had hoped that sentence might be given in his favour in time to antic.i.p.ate the publication of the ceremony. But he was perfectly satisfied that justice was on his side; and was equally confident of obtaining the verdict of Europe, if it could be fairly p.r.o.nounced. Now, therefore, under the altered circ.u.mstances, he accepted the offered alternative. He antic.i.p.ated with tolerable certainty the effect which would be produced at Rome, when the news should arrive there of the Dunstable divorce; and on the 29th of June he appealed formally, in the presence of the Archbishop of York, from the pope's impending sentence, to the next general council.[154]

[Sidenote: Terms of the appeal. The king has no intention of derogating from the lawful privileges of the See of Rome.]

Of this curious doc.u.ment the substance was as follows:--It commenced with a declaration that the king had no intention of acting otherwise than became a good Catholic prince; or of injuring the church or attacking the privileges conceded by G.o.d to the Holy See. If his words could be lawfully shown to have such a tendency, he would revoke, emend, and correct them in a Catholic spirit.

[Sidenote: But Europe having declared in his favour in his great matter, "by the inspiration of the Most High," he has married another wife.]

[Sidenote: He fears that the pope, who has injured him throughout, may now pa.s.s the censures of the church against him.]

The general features of the case were then recapitulated. His marriage with his brother's wife had been p.r.o.nounced illegal by the princ.i.p.al universities of Europe, by the clergy of the two provinces of the Church of England, by the most learned theologians and canonists, and finally, by the public judgment of the church.[155] He therefore had felt himself free; and, "by the inspiration of the Most High, had lawfully married another woman." Furthermore, "for the common weal and tranquillity of the realm of England, and for the wholesome rule and government of the same, he had caused to be enacted certain statutes and ordinances, by authority of parliaments lawfully called for that purpose." "Now, however," he continued, "we fearing that his Holyness the Pope ...

having in our said cause treated us far otherwise than either respect for our dignity and desert, or the duty of his own office required at his hands, and having done us many injuries which we now of design do suppress, but which hereafter we shall be ready, should circ.u.mstances so require, to divulge ... may now proceed to acts of further injustice, and heaping wrong on wrong, may p.r.o.nounce the censures and other penalties of the spiritual sword against ourselves, our realm, and subjects, seeking thereby to deprive us of the use of the sacraments, and to cut us off, in the sight of the world, from the unity of the church, to the no slight hurt and injury of our realm and subjects:

[Sidenote: He appeals from any such censures to the next general council.]

"Fearing these things, and desiring to preserve from detriment not only ourselves, our own dignity and estimation, but also our subjects, committed to us by Almighty G.o.d; to keep them in the unity of the Christian faith, and in the wonted partic.i.p.ation in the sacraments; that, when in truth they be not cut off from the integrity of the church, nor can nor will be so cut off in any manner, they may not appear to be so cut off in the estimation of men; [desiring further] to check and hold back our people whom G.o.d has given to us, lest, in the event of such injury, they refuse utterly to obey any longer the Roman Pontiff, as a hard and cruel pastor: [for these causes] and believing, from reasons probable, conjectures likely, and words used to our injury by his Holiness the Pope, which in divers manners have been brought to our ears, that some weighty act may be committed by him or others to the prejudice of ourselves and of our realm;--We, therefore, in behalf of all and every of our subjects, and of all persons adhering to us in this our cause, do make our appeal to the next general council, which shall be lawfully held, in place convenient, with the consent of the Christian princes, and of such others as it may concern--not in contempt of the Holy See, but for defence of the truth of the Gospel, and for the other causes afore rehea.r.s.ed. And we do trust in G.o.d that it shall not be interpreted as a thing ill done on our part, if preferring the salvation of our soul and the relief of our conscience to any mundane respects or favours, we have in this cause regarded more the Divine law than the laws of man, and have thought it rather meet to obey G.o.d than to obey man."[156]

By the appeal and the causes which were a.s.signed for it, Henry preoccupied the ground of the conflict; he entrenched himself in the "debatable land" of legal uncertainty; and until his position had been p.r.o.nounced untenable by the general voice of Christendom, any sentence which the pope could issue would have but a doubtful validity. It was, perhaps, but a slight advantage; and the niceties of technical fencing might soon resolve themselves into a question of mere strength; yet, in the opening of great conflicts, it is well, even when a resort to force is inevitable, to throw on the opposing party the responsibility of violence; and Henry had been led, either by a refinement of policy, or by the plain straightforwardness of his intentions, into a situation where he could expect without alarm the unrolling of the future.

[Sidenote: The news of the divorce p.r.o.nounced at Dunstable arrives at Rome.]

[Sidenote: General indignation in the consistory.]

[Sidenote: Bonner is impertinent. The pope threatens to boil him in lead. He writes in terror to England.]

[Sidenote: Henry comforts him.]

The character of that future was likely soon to be decided. The appeal was published on the 29th of June; and as the pope must have heard, by the middle of the month at latest, of the trial and judgment at Dunstable, a few days would bring an account of the manner in which he had received the intelligence. Prior to the arrival of the couriers, Bennet, with the a.s.sistance of Cardinal Tournon, had somewhat soothed down his exasperation. Francis, also, having heard that immediate process was threatened, had written earnestly to deprecate such a measure;[157] and though he took the interference "very displeasantly,"[158] the pope could not afford to lose, by premature impatience, the fruit of all his labour and diplomacy, and had yielded so far as to promise that nothing of moment should be done. To this state of mind he had been brought one day in the second week of June.

The morning after, Bennet found him "sore altered." The news of "my Lord of Canterbury's proceedings" had arrived the preceding night; and "his Holiness said that [such] doings were too sore for him to stand still at and do nothing."[159] It was "against his duty towards G.o.d and the world to tolerate them." The imperialist cardinals, impatient before, clamoured that the evil had been caused by the dilatory timidity with which the case had been handled from the first.[160] The consistory sate day after day with closed doors;[161] and even such members of it had before inclined to the English side, joined in the common indignation.

"Some extreme process" was instantly looked for, and the English agents, in their daily interviews with the pope, were forced to listen to language which it was hard to bear with equanimity. Bennet's well-bred courtesy carried him successfully through the difficulty; his companion Bonner was not so fortunate. Bonner's tongue was insolent, and under bad control. He replied to menace by impertinence; and on one occasion was so exasperating, that Clement threatened to burn him alive, or boil him in a caldron of lead.[162] When fairly roused, the old man was dangerous; and the future Bishop of London wrote to England in extremity of alarm. His letter has not been found, but the character of it may be perceived from the rea.s.suring reply of the king. The agents, Henry said, were not to allow themselves to be frightened; they were to go on calmly, with their accustomed diligence and dexterity, disputing the ground from point to point, and trust to him. Their cause was good, and, with G.o.d's help, he would be able to defend them from the malice of their adversaries.[163]

[Sidenote: The consistory cools into prudence.]

[Sidenote: July 12. The pope declares the divorce illegal, and commands Henry to cancel the process. If he fails to obey, he is declared excommunicated.]

Fortunately for Bonner, the pope's pa.s.sion was of brief duration, and the experiment whether Henry's arm could reach to the dungeons of the Vatican remained untried. The more moderate of the cardinals, also, something a.s.suaged the storm; and angry as they all were, the majority still saw the necessity of prudence. In the heat of the irritation, final sentence was to have been p.r.o.nounced upon the entire cause, backed by interdict, excommunication, and the full volume of the papal thunders. At the close of a month's deliberation they resolved to reserve judgment on the original question, and to confine themselves for the present to revenging the insult to the pope by "my Lord of Canterbury." Both the king and the archbishop had disobeyed a formal inhibition. On the 12th of July, the pope issued a brief, declaring Cranmer's judgment to have been illegal, the English process to have been null and void, and the king, by his disobedience, to have incurred, _ipso facto_, the threatened penalties of excommunication. Of his clemency he suspended these censures till the close of the following September, in order that time might be allowed to restore the respective parties to their old positions: if within that period the parties were not so restored, the censures would fall.[164] This brief was sent into Flanders, and fixed in the usual place against the door of a church in Dunkirk.

[Sidenote: Henry again urges Francis to decline to meet the pope.]

Henry was prepared for a measure which was no more than natural. He had been prepared for it as a possibility when he married. Both he and Francis must have been prepared for it on their meeting at Calais, when the French king advised him to marry, and promised to support him through the consequences. His own measures had been arranged beforehand, and he had secured himself in technical entrenchments by his appeal.

After the issue of the brief, however, he could allow no English emba.s.sy to compliment Clement by its presence on his visit to France. He "knew the pope," as he said. Long experience had shown him that nothing was to be gained by yielding in minor points; and the only chance which now remained of preserving the established order of Christendom, was to terrify the Vatican court into submission by the firmness of his att.i.tude. For the present complications, the court of Rome, not he, was responsible. The pope, with a culpable complacency for the emperor, had shrunk from discharging a duty which his office imposed upon him; and the result had been that the duty was discharged by another. Henry could not blame himself for the consequences of Clement's delinquency.

He rather felt himself wronged in having been driven to so extreme a measure against his will. He resolved, therefore, to recal the emba.s.sy, and once more, though with no great hope that he would be successful, to invite Francis to fulfil his promise, and to unite with himself in expressing his resentment at the pope's conduct.

[Sidenote: August 8.]

His despatch to the Duke of Norfolk on this occasion was the natural sequel of what he had written a few weeks previously. That letter had failed wholly of its effect. The interview was resolved upon for quite other reasons than those which were acknowledged, and therefore was not to be given up. A promise, however, had been extracted, that it should be given up, if in the course of the summer the pope "innovated anything" against the King of England; and Henry now required, formally, that this engagement should be observed. "A notorious and notable innovation" had been made, and Francis must either deny his words, or adhere to them. It would be evident to all the world, if the interview took place under the present circ.u.mstances, that the alliance with England was no longer of the importance with him which it had been; that his place in the struggle, when the struggle came, would be found on the papal side.

[Sidenote: The cause at issue is the independence of princes.]

[Sidenote: He has been required to repeal the Act of Appeals,]

[Sidenote: Which is impossible.]