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HENRY VIII
XI.
"DOWN WITH THE CHURCH."
The Reformation Parliament met for its first session on the 3rd of
November, 1529, at the Black Friars' Hall in London. No careful observer was in any doubt as to what its temper would be
with regard to the Church. It was opened by the King in person, and the new
Lord Chancellor, Sir Thomas More, delivered an address in which he denounced
his predecessor, Wolsey, in scathing terms. Parliament had been summoned, he said, to reform such things as had
been used or permitted in England by inadvertence. On the following day both
Houses adjourned to Westminster on account of the plague, and the Commons
chose, as their Speaker, Sir Thomas Audley, the future Lord Chancellor. One of
their first duties was to consider a bill of attainder against Wolsey, and the fate of that measure seems to be destructive of one or the
other of two favourite theories respecting Henry VIII.'s Parliaments. The bill
was opposed in the Commons by Cromwell and thrown out; either it was not a mere
expression of the royal will, or Parliament was something more than the tool of
the Court. For it is hardly credible that Henry first caused the bill to be
introduced, and then ordered its rejection. The
next business was Henry's request for release from the obligation to repay the
loan which Wolsey had raised; that, too, the Commons refused, except on
conditions. But no such opposition greeted the measures for reforming the
clergy. Bills were passed in the Commons putting a limit on the fees exacted by bishops
for probate, and for the performance of other duties then regarded as spiritual
functions. The clergy were prohibited from holding pluralities, except in
certain cases, but the act was drawn with astonishing moderation; it did not
apply to benefices acquired before 1530, unless they exceeded the number of
four. Penalties against non-residents were enacted, and an attempt was made to
check the addiction of spiritual persons to commercial pursuits.
These reforms seem reasonable enough, but the idea of placing a bound to
the spiritual exaction of probate seemed sacrilege to Bishop Fisher. "My
lords," he cried, "you see daily what bills come hither from the
Common House, and all is to the destruction of the
Church. For God's sake, see what a realm the kingdom of Bohemia was; and when
the Church went down, then fell the glory of the kingdom. Now with the Commons
is nothing but 'Down with the Church!' And all this, meseemeth, is for lack of
faith only." The Commons thought a limitation of fees an insufficient ground for a charge of
heresy, and complained of Fisher to the King through the mouth of their
Speaker. The Bishop explained away the offensive phrase, but the spiritual
peers succeeded in rejecting the Commons' bills. The way out of the deadlock
was suggested by the King; he proposed a conference between eight members of
either House. The Lords' delegates were half spiritual, half temporal, peers. Henry knew well enough that the Commons would vote solidly for the
measures, and that the temporal peers would support them. They did so; the
bills were passed; and, on 17th December, Parliament was prorogued. We may call
it a trick or skilful parliamentary strategy; the same trick, played by the Tiers
État in 1789, ensured the success of the French Revolution, and it was equally
effective in England in 1529.
These mutterings of the storm fell on deaf ears at Rome. Clement was
deaf, not because he had not ears to hear, but because the clash of imperial
arms drowned more distant sounds. "If any one," wrote the Bishop of
Auxerre in 1531, "was ever in prison or in the power of his enemies, the
Pope is now." He was as anxious as ever to escape responsibility. "He has told me,"
writes the Bishop of Tarbes to Francis I. on the 27th of March, 1530, "more than three times in secret that he would
be glad if the marriage (with Anne Boleyn) was already made, either by a
dispensation of the English legate or otherwise, provided it was not by his
authority, or in diminution of his power as to dispensation and limitation of
Divine law." Later in the year he made his suggestion that Henry should have two wives
without prejudice to the legitimacy of the children of either. Henry, however,
would listen to neither suggestion. He would be satisfied with nothing less than the sanction of the
highest authority recognised in England. When it became imperative that his
marriage with Anne should be legally sanctioned, and evident that no such
sanction would be forthcoming from Rome, he arranged that the highest
ecclesiastical authority recognised by law in England should be that of the
Archbishop of Canterbury.
Meanwhile, the exigencies of the struggle drove Clement into assertions
of papal prerogative which would at any time have provoked an outburst of
national anger. On 7th March, 1530, he promulgated a bull to be affixed to the
church doors at Bruges, Tournay and Dunkirk, inhibiting Henry, under pain of
the greater excommunication, from proceeding to that second marriage, which he
was telling the Bishop of Tarbes he wished Henry would complete. A fortnight later he issued a second bull forbidding all ecclesiastical
judges, doctors, advocates and others to speak or write against the validity of
Henry's marriage with Catherine. If he had merely desired to prohibit discussion of a matter under
judicial consideration, he should have imposed silence also on the advocates of the marriage, and not left Fisher free to write
books against the King and secretly send them to Spain to be printed. On the 23rd of December following it was decreed in Consistory at Rome
that briefs should be granted prohibiting the Archbishop of Canterbury from
taking cognisance of the suit, and forbidding Henry to cohabit with any other
woman than Catherine, and "all women in general to contract marriage with
the King of England". On the 5th of January, 1531, the Pope inhibited laity as well as
clergy, universities, parliaments and courts of law from coming to any decision
in the case.
To these fulminations the ancient laws of England provided Henry with
sufficient means of reply. "Let not the Pope suppose," wrote Henry to
Clement, "that either the King or his nobles will allow the fixed laws of his
kingdom to be set aside." A proclamation, based on the Statutes of Provisors, was issued on 12th
September, 1530, forbidding the purchasing from the Court of Rome or the
publishing of any thing prejudicial to the realm, or to the King's intended
purposes; and Norfolk was sent to remind the papal nuncio of the penalties attaching to
the importation of bulls into England without the King's consent. But the most
notorious expedient of Henry's was the appeal to the universities of Europe,
first suggested by Cranmer. Throughout 1530 English agents were busy
abroad obtaining decisions from the universities on the question of the Pope's power
to dispense with the law against marrying a deceased brother's wife. Their
success was considerable. Paris and Orléans, Bourges and Toulouse, Bologna and
Ferrara, Pavia and Padua, all decided against the Pope. Similar verdicts, given by Oxford and Cambridge, may be as naturally
ascribed to intimidation by Henry, as may the decisions of Spanish universities
in the Pope's favour to pressure from Charles; but the theory that all the
French and Italian universities were bribed is not very credible. The cajolery,
the threats and the bribes were not all on one side; and in Italy at least the
imperial agents would seem to have enjoyed greater facilities than Henry's. In
some individual cases there was, no doubt, resort to improper inducements; but,
if the majority in the most famous seats of learning in Europe could be induced
by filthy lucre to vote against their conscience, it implies a greater need for
drastic reformation than the believers in the theory of corruption are usually
disposed to admit. Their decisions were, however, given on general grounds; the
question of the consummation of Catherine's marriage with Arthur seems to have
been carefully excluded. How far that consideration would have affected the
votes of the universities can only be assumed; but it does not appear to have
materially influenced the view taken by Catherine's advocates. They allowed
that Catherine's oath would not be considered sufficient evidence in a court of
law; they admitted the necessity of proving that urgent reasons existed for the grant of the dispensation, and the only
urgent reason they put forward was an entirely imaginary imminence of war
between Henry VII. and Ferdinand in 1503. Cardinal Du Bellay, in 1534, asserted
that no one would be so bold as to maintain in Consistory that the dispensation
ever was valid; and the papalists were driven to the extreme contention, which was certainly
not then admitted by Catholic Europe, that, whether the marriage with Arthur
was merely a form or not, whether it was or was not against Divine law, the
Pope could, of his absolute power, dispense.
Pending the result of Henry's appeal to the universities, little was
done in the matter in England. The lords spiritual and temporal signed in June,
1530, a letter to the Pope urging him to comply with their King's request for a
divorce. Parliament did not meet until 16th January, 1531, and even then Chapuys reports
that it was employed on nothing more important than cross-bows and hand-guns,
the act against which was not, however, passed till 1534. The previous session
had shown that, although the Commons might demur to fiscal exactions, they were
willing enough to join Henry in any attack on the Church, and the question was
how to bring the clergy to a similar state of acquiescence. It was naturally a
more difficult task, but Henry's ingenuity provided a sufficient inducement.
His use of the statutes of præmunire was very characteristic. It was
conservative, it was legal, and it was unjust. Those statutes were no
innovation designed to meet his particular case; they had been for centuries
the law of the land; and there was no denying the fact that the clergy had
broken the law by recognising Wolsey as legate.
Henry, of course, had licensed Wolsey to act as legate, and to punish the
clergy for an offence, at which he had connived, was scarcely consistent with
justice; but no King ever showed so clearly how the soundest constitutional
maxims could be used to defeat the pleas of equity; it was frequently laid down
during his reign that no licence from the King could be pleaded against
penalties imposed by statute, and not a few parliamentary privileges were first
asserted by Henry VIII. So the clergy were cunningly caught in the meshes of the law. Chapuys
declares that no one could understand the mysteries of præmunire; "its
interpretation lies solely in the King's head, who amplifies it and declares it
at his pleasure, making it apply to any case he pleases". He at least saw
how præmunire could be made to serve his purposes.
These, at the moment, were two. He wanted to extract from the clergy a
recognition of his supremacy over the Church, and he wanted money. He was
always in need of supplies, but especially now, in case war should arise from
the Pope's refusal to grant his divorce; and Henry made it a matter of
principle that the Church should pay for wars due to the Pope. The penalty for præmunire was forfeiture of goods and imprisonment, and
the King probably thought he was unduly lenient in granting a pardon for a hundred thousand pounds, when he might have taken the whole
of the clergy's goods and put them in gaol as well. The clergy objected
strongly; in the old days of the Church's influence they would all have
preferred to go to prison, and a unanimous refusal of the King's demands would
even now have baulked his purpose. But the spirit was gone out of them. Chapuys
instigated the papal nuncio to go down to Convocation and stiffen the backs of
the clergy. They were horrified at his appearance, and besought him to depart in haste,
fearing lest this fresh constitutional breach should be visited on their heads.
Warham frightened them with the terrors of royal displeasure; and the clerics
had to content their conscience with an Irish bull and a subterfuge.
"Silence gives consent," said the Archbishop when putting the
question; "Then are we all silent," cried the clergy. To their recognition
of Henry as Supreme Head of the Church, they added the salvo "so far as
the law of Christ allows". It was an empty phrase, thought Chapuys, for no
one would venture to dispute with the King the point where his supremacy ended
and that of Christ began; there was in fact "a new Papacy made here". The clergy repented of the concession as soon as it was granted; they
were "more conscious every day," wrote
Chapuys, "of the great error they committed in acknowledging the King as
sovereign of the Church"; and they made a vain, and not very creditable,
effort to get rejected by spiritual votes in the House of Lords the measures to
which they had given their assent in Convocation. The Church had surrendered with scarcely a show of fight; henceforth
Henry might feel sure that, whatever opposition he might encounter in other
quarters, the Church in England would offer no real resistance.
In Parliament, notwithstanding Chapuys' remark on the triviality of its
business, more than a score of acts were passed, some limiting such abuses as
the right of sanctuary, some dealing in the familiar way with social evils like
the increase of beggars and vagabonds. The act depriving sanctuary-men, who
committed felony, of any further protection from their sanctuary was
recommended to Parliament by the King in person. So was a curious act making
poisoning treason. There had recently been an attempt to poison Fisher, which the King brought
before the House of Lords. However familiar poisoning might be at Rome, it was
a novel method in England, and was considered so heinous a crime that the
ordinary penalties for murder were thought to be insufficient. Then the King's
pardon to the clergy was embodied in a parliamentary bill. The Commons
perceived that they were not included, took alarm, and refused to pass the
bill. Henry at first assumed a superior tone; he pointed out that the Commons
could not prevent his pardoning the clergy; he could do it as well under the
Great Seal as by statute. The Commons, however, were not satisfied. "There
was great murmuring among them," says
Chapuys, "in the House of Commons, where it was publicly said in the
presence of some of the Privy Council that the King had burdened and oppressed
his kingdom with more imposts and exactions than any three or four of his
predecessors, and that he ought to consider that the strength of the King lay
in the affections of his people. And many instances were alleged of the
inconveniences which had happened to princes through the ill-treatment of their
subjects." Henry was too shrewd to attempt to punish this very plain speaking. He knew
that his faithful Commons were his one support, and he yielded at once.
"On learning this," continues Chapuys, "the King granted the
exemption which was published in Parliament on Wednesday last without any
reservation." The two acts for the pardon of the spiritualty and
temporalty were passed concurrently. But, whereas the clergy had paid for their
pardon with a heavy fine and the loss of their independence, the laity paid
nothing at all. The last business of the session was the reading of the sentences
in Henry's favour obtained from the universities. Parliament was then prorogued, and its members were enjoined to relate
to their constituents that which they had seen and heard.
Primed by communion with their neighbours, members of Parliament
assembled once more on 15th January, 1532, for
more important business than they had yet transacted. Every effort was made to
secure a full attendance of Peers and Commons; almost all the lords would be
present, thought Chapuys, except Tunstall, who had not been summoned; Fisher
came without a summons, and apparently no effort was made to exclude him. The readiness of the Commons to pass measures against the Church, and
their reluctance to consent to taxation, were even more marked than before.
Their critical spirit was shown by their repeated rejection of the Statutes of
Wills and Uses designed by Henry to protect from evasion his feudal rights,
such as reliefs and primer seisins. This demand, writes Chapuys, "has been the occasion of strange words against the King and the
Council, and in spite of all the efforts of the King's friends, it was
rejected". In the matter of supplies they were equally outspoken; they would only grant
one-tenth and one-fifteenth, a trifling sum which Henry refused to accept. It was during this debate on the question of supplies that two
members moved that the King be asked to take back Catherine as his wife. They would then, they urged, need no fresh armaments and their words
are reported to have been well received by the House. The Commons were not more
enthusiastic about the bill restraining the
payment of annates to the Court at Rome. They did not pay them; their grievance was against bishops in England,
and they saw no particular reason for relieving those prelates of their
financial burdens. Cromwell wrote to Gardiner that he did not know how the
annates bill would succeed; and the King had apparently to use all his persuasion to get the bill
through the Lords and the Commons. Only temporal lords voted for it in the
Upper House, and, in the Lower, recourse was had to the rare expedient of a
division. In both Houses the votes were taken in the King's presence. But it is almost
certain that his influence was brought to bear, not so much in favour of the
principle of the bill, as of the extremely ingenious clause which left the
execution of the Act in Henry's discretion, and provided him with a powerful
means of putting pressure on the Pope. That was Henry's statement of the
matter. He told Chapuys, before the bill was passed, that the attack on annates
was being made without his consent; and after it had been passed he instructed his representatives at Rome
to say that he had taken care to stop the mouth of Parliament and to have the
question of annates referred to his decision. "The King," writes the French envoy in England at the end of
March, "has been very cunning, for he has caused the nobles and people to
remit all to his will, so that the Pope may know that, if he does nothing for
him, the King has the means of punishing him." The execution of the clauses
providing for the confirmation and consecration of bishops without recourse to
Rome was also left at Henry's option.
But no pressure was needed to induce the Commons to attack abuses, the
weight of which they felt themselves. Early in the session they were discussing
the famous petition against the clergy, and, on 28th February, Norfolk referred
to the "infinite clamours" in Parliament against the Church. The fact that four corrected drafts of this petition are extant in the
Record Office, is taken as conclusive proof that it really emanated from the
Court. But the drafts do not appear to be in the known hand of any of the Government
clerks. The corrections in Cromwell's hand doubtless represent the wishes of
the King; but, even were the whole in Cromwell's hand, it would be no bar to
the hypothesis that Cromwell reduced to writing, for the King's consideration, complaints
which he heard from independent members in his place in Parliament. The fact
that nine-tenths of our modern legislation is drawn up by Government
draughtsmen, cannot be accepted as proof that that legislation represents no
popular feeling. On the face of them, these petitions bear little evidence of
Court dictation; the grievances are not such as were felt by Henry, whose own
demands of the clergy were laid directly before Convocation, without any pretence that they really came from the Commons. Some are
similar to those presented to the Parliament of 1515; others are directed
against abuses which recent statutes had sought, but failed, to remedy. Such
were the citation of laymen out of their dioceses, the excessive fees taken in
spiritual courts, the delay and trouble in obtaining probates. Others
complained that the clergy in Convocation made laws inconsistent with the laws
of the realm; that the ordinaries delayed instituting parsons to their
benefices; that benefices were given to minors; that the number of holy-days,
especially in harvest-time, was excessive; and that spiritual men occupied
temporal offices. The chief grievance seems to have been that the ordinaries
cited poor men before the spiritual courts without any accuser being produced,
and then condemned them to abjure or be burnt. Henry, reported Chapuys, was
"in a most gracious manner" promising to support the Commons against
the Church "and to mitigate the rigours of the inquisition which they have
here, and which is said to be more severe than in Spain".
After debating these points in Parliament, the Commons agreed that
"all the griefs, which the temporal men should be grieved with, should be
put in writing and delivered to the King"; hence the drafts in the Record
Office. The deputation, with the Speaker at its head, presented the complaints
to Henry on 18th March. Its reception is quite unintelligible on the theory
that the grievances existed only in the King's imagination. Henry was willing,
he said, to consider the Commons' petition. But, if they expected him to comply
with their wishes, they must make some concession
to his; and he recommended them to forgo their opposition to the bills of Uses
and Wills, to which the Lords had already agreed. After Easter he sent the
Commons' petition to Convocation; the clergy appealed to the King for
protection. Henry had thus manœuvred himself into the position of mediator, in
which he hoped, but in vain, to extract profit for himself from both sides. From Convocation he demanded submission to three important claims; the
clergy were to consent to a reform of ecclesiastical law, to abdicate their
right of independent legislation, and to recognise the necessity of the King's
approval for existing canons. These demands were granted. As usual, Henry was
able to get what he wanted from the clergy; but from the Commons he could get
no more than they were willing to give. They again rejected the bills of Uses and
Wills, and would only concede the most paltry supplies. But they passed with
alacrity the bills embodying the submission of the clergy. These were the
Church's concessions to Henry, but it must bend the knee to the Commons as
well, and other measures were passed reforming some of the points in their
petition. Ordinaries were prohibited from citing men out of their proper
dioceses, and benefit of clergy was denied to clerks under the order of
sub-deacon who committed murder, felony, or petty treason; the latter was a
slight extension of a statute passed in 1512. The bishops, however, led by
Gardiner and aided by More, secured in the House of Lords the
rejection of the concessions made by the Church to the King, though they passed
those made to the Commons. Parliament, which had sat for the unusual space of
four months, was prorogued on the 14th of May; two days later, More resigned
the chancellorship and Gardiner retired in disfavour to Winchester.
Meanwhile the divorce case at Rome made little progress. In the highest
court in Christendom the facilities afforded for the law's delays were
naturally more extended than before inferior tribunals; and two years had been
spent in discussing whether Henry's "excusator," sent merely to
maintain that the King of England could not be cited to plead before the Papal
Court, should be heard or not. Clement was in suspense between two political
forces. In December, 1532, Charles was again to interview the Pope, and imperialists
in Italy predicted that his presence would be as decisive in Catherine's favour
as it had been three years before. But Henry and Francis had, in October,
exhibited to the world the closeness of their friendship by a personal
interview at Boulogne. No pomp or ceremony, like that of the Field of Cloth of Gold, dazzled men's
eyes; but the union between the two Kings was never more real. Neither Queen
was present; Henry would not take Catherine, and he objected so strongly to
Spanish dress that he could not endure the sight of Francis's Spanish Queen. Anne Boleyn, recently created Marquis (so she was styled, to indicate
the possession of the peerage in her own right) of
Pembroke, took Catherine's place; and plans for the promotion of the divorce formed the
staple of the royal discussions. Respect for the power of the two Kings robbed
the subsequent interview between Emperor and Pope of much of its effect; and
before Charles and Clement parted, the Pope had secretly agreed to accord a
similar favour to Francis; he was to meet him at Nice in the following summer.
Long before then the divorce had been brought to a crisis. By the end of January
Henry knew that Anne Boleyn was pregnant. Her issue must at any cost be made
legitimate. That could only be done by Henry's divorce from Catherine, and by
his marriage with Anne Boleyn. There was little hope of obtaining these favours from Rome.
Therefore it must be done by means of the Archbishop of Canterbury; and to
remove all chance of disputing his sentence, the Court of the Archbishop of
Canterbury must, before his decision was given, be recognised as the supreme
tribunal for English ecclesiastical cases.
These circumstances, of which not a hint was suffered to transpire in
public, dictated Henry's policy during the early months of 1533. Never was his
skill more clearly displayed; he was, wrote Chapuys in December, 1532,
practising more than ever with his Parliament, though he received the Spanish ambassador "as courteously as
ever". The difficulties with which he was surrounded might have tried the nerve of any
man, but they only seemed to render Henry's course more daring and steady. The
date of his marriage with Anne Boleyn is even now a matter of conjecture. Cranmer repudiated the report that he performed the ceremony. He declares he did not know of it until a fortnight after the event,
and says it took place about St. Paul's Day (25th January). A more important
question was the individuality of the archbishop who was to pronounce the
nullity of Henry's marriage with Catherine of Aragon. He must obviously be one
on whom the King could rely. Fortunately for Henry, Archbishop Warham had died
in August, 1532. His successor was to be Thomas Cranmer, who had first
suggested to Henry the plan of seeking the opinions of the universities on the
divorce, and was now on an embassy at the Emperor's Court. No time was to be
lost. Henry usually gathered a rich harvest during the vacancy of great
bishoprics, but now Canterbury was to be filled up without any delay, and the
King even lent Cranmer 1,000 marks to meet his expenses. But would the Pope be so accommodating as to expedite the bulls, suspecting,
as he must have done, the object for which they were wanted?
For this contingency also Henry had provided; and he was actually using
the Pope as a means for securing the divorce. An appearance of friendship with
Clement was the weapon he now employed with the greatest effect. The Pope was
discussing with the French ambassadors a proposal to remit the divorce case to
some neutral spot, such as Cambrai, and delaying that definite sentence in
Catherine's favour which imperialists had hoped that his interview with Charles would precipitate; the papal nuncio was being feasted in England, and was having
suspiciously amicable conferences with members of Henry's council. Henry
himself was writing to Clement in the most cordial terms; he had instructed his
ambassadors in 1531 to "use all gentleness towards him," and Clement was saying that Henry was of a better nature and more wise
than Francis I. Henry was now willing to suspend his consent to the general council, where the
Pope feared that a scheme would be mooted for restoring the papal States to the
Emperor; and he told the papal nuncio in England that, though he had studied the
question of the Pope's authority and retracted his defence of the Holy See, yet possibly Clement might give him occasion to probe the matter
further still, and to reconfirm what he had originally written. Was he not, moreover, withholding his assent from the Act of Annates,
which would deprive the Pope of large revenues? Backed by this gentle hint,
Henry's request not merely for Cranmer's bulls, but for their expedition
without the payment of the usual 10,000 marks, reached Rome. The cardinals were
loth to forgo their perquisites for the bulls, but the annates of all England
were more precious still, and, on 22nd February, Consistory decided to do what
Henry desired.
The same deceptive appearance of concord
between King and Pope was employed to lull both Parliament and Convocation. The
delays in the divorce suit disheartened Catherine's adherents. The Pope, wrote
Chapuys, would lose his authority little by little, unless the case were
decided at once; every one, he said, cried out "au murdre" on Clement for his
procrastination on the divorce, and for the speed with which he granted
Cranmer's bulls. There was a general impression that "he would betray the Emperor,"
and "many think that there is a secret agreement between Henry and the
Pope". That idea was sedulously fostered by Henry. Twice he took the Pope's nuncio
down in state to Parliament to advertise the excellent terms upon which he
stood with the Holy See. In the face of such evidence, what motive was there for prelates and
others to reject the demands which Henry was pressing upon them? The
Convocations of Canterbury and York repeated the submission of 1532, and
approved, by overwhelming majorities, of two propositions: firstly, that, as a
matter of law, the Pope was not competent to dispense with the obstacle to a
marriage between a man and his deceased brother's wife, when the previous
marriage had been consummated; and secondly, that, as a matter of fact, the
marriage between Catherine and Prince Arthur had been so consummated. In Parliament, the Act forbidding Appeals to Rome, and providing for the confirmation and consecration of bishops without recourse to the Papal Court, was discussed. It was, like
the rest of Henry's measures, based on a specious conservative plea. General
councils had, the King said, decreed that suits should be determined in the
place in which they originated; so there was no need for appeals to go out of England. Such
opposition as it encountered was based on no religious principle. Commercial
interests were the most powerful impulse of the age, and the Commons were
afraid that the Act of Appeals might be followed by a papal interdict. They did
not mind the interdict as depriving them of religious consolations, but they
dreaded lest it might ruin their trade with the Netherlands. Henry, however, persuaded them that the wool trade was as necessary to
Flemings as it was to Englishmen, and that an interdict would prove no more
than an empty threat. He was careful to make no other demands upon the Commons.
No subsidies were required; no extension of royal prerogative was sought; and
eventually the Act of Appeals was passed with a facility that seems to have
created general surprise.
Henry's path was now clear. Cranmer was archbishop and legatus natus
with a title which none could dispute. By Act of Parliament his court was the
final resort for all ecclesiastical cases. No appeals from his decision could
be lawfully made. So, on 11th April, before he was yet consecrated, he besought
the King's gracious permission to determine his "great cause of matrimony,
because much bruit exists among the common people
on the subject". No doubt there did; but that was not the cause for the haste. Henry was pleased
to accede to this request of the "principal minister of our spiritual
jurisdiction"; and, on the 10th of May, the Archbishop opened his Court at
Dunstable. Catherine, of course, could recognise no authority in Cranmer to try
a cause that was before the papal curia. She was declared contumacious, and, on
the 23rd, the Archbishop gave his sentence. Following the line of Convocation,
he pronounced that the Pope had no power to license marriages such as Henry's,
and that the King and Catherine had never been husband and wife. Five days later, after a secret investigation, he declared that Henry
and Anne Boleyn were lawfully married, and on Whitsunday, the 1st of June, he
crowned Anne as Queen in Westminster Abbey. Three months later, on Sunday, the 7th of September, between three and
four in the afternoon, Queen Anne gave birth to a daughter at Greenwich. The child was christened on the following Wednesday by Stokesley,
Bishop of London, and Cranmer stood godfather. Chapuys scarcely considered the
matter worth mention. The King's amie had given birth to a bastard, a detail of
little importance to any one, and least of all to
a monarch like Charles V. Yet the "bastard" was Queen Elizabeth, and the child, thus
ushered into a contemptuous world, lived to humble the pride of Spain, and to
bear to a final triumph the banner which Henry had raised.
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