Chapter II (1)

THE RELIGIOUS CHANGES UNDER HENRY VIII. AND EDWARD VI.

See bibliography, chap. i., /Calendar of Letters and Papers Henry
VIII./, 18 vols., 1862-1902. Brewer Gairdner, /The Reign of Henry
VIII./, 2 vols., 1884. Gairdner, /Lollardy and the Reformation/, 4
vols., 1908-13. Dodd, /Church History of England (1500-1688)/,
1737-42 (a new edition by Tierney, 5 vols., 1839). Sander, /Rise
and Growth of the Anglican Schism/ (trans. by Lewis), 1877.
Gasquet, /Short History of the Catholic Church in England/, 1903.
Dixon, /History of the Church in England from 1529/, 6 vols.,
London, 1878-1902. Cobbett, /A History of the Reformation in
England and Ireland/ (edited by Gasquet). Pocock, /Records of the
Reformation/ 2 vols., 1870. Burnet, /History of the Reformation/
(edited by Pocock), 1865. Gasquet and Bishop, /Edward VI. and the
Book of Common Prayer/, 1890. Taunton, /The English Black Monks of
St. Benedict/, 2 vols., 1897. Camm, /Lives of the English Martyrs/
vol. i., 1904. Stone, /An Account of the Sufferings of the English
Franciscans, during the Sixteenth and Seventeenth Centuries/,
1892. Pollen, /Acts of English Martyrs/, etc., 1891. Spillman,
/Die Englischen Martyrer unter Heinrich VIII./, 2 auf., 1900.
/Martyrum Monachorum Carthusianorum in Anglia passio/, etc. (/An.
Bolland./, 1903). /The Month/ (1882, 1883, 1902, 1905).

The accession of Henry VIII. (1509-47) was hailed with joy by all classes in England. Young, handsome, well-developed both in mind and body, fond of outdoor games and amusements, affable and generous with whomsoever he came into contact, he was to all appearances qualified perfectly for the high office to which he had succeeded. With the exception of Empson and Dudley, who were sacrificed for their share in the execution of his father, most of the old advisers were retained at the royal court; but the chief confidants on whose advice he relied principally were his Chancellor Warham, Archbishop of Canterbury and Lord Chancellor of England, Richard Fox, Bishop of Winchester and Lord Privy Seal, and Thomas Howard, afterwards Duke of Norfolk, Lord Treasurer of the kingdom. Soon, however, these trusted and loyal advisers were obliged to make way for a young and rising ecclesiastical courtier, Thomas Wolsey[1] (1471-1530), who for close on twenty years retained the first place in the affections of his sovereign and the chief voice in the direction of English affairs. As a youth, Wolsey's marvellous abilities astonished his teachers at Magdalen College, where the boy bachelor, as he was called because he obtained the B.A. degree at the age of fifteen, was regarded as a prodigy. As a young man he was pushed forward by his patrons, the Archbishop of Canterbury and the Bishop of Winchester, and won favour at court by the successful accomplishment of a delicate mission entrusted to him by Henry VII., till at last in 1511 he was honoured by a seat in the privy council. New dignities were heaped upon him by Pope and sovereign in turn. He was appointed Bishop of Lincoln and Archbishop of York (1514), was created a cardinal of the Roman Church (1515), and in a short time he accepted the offices of Lord Chancellor and papal legate for England. If he did not succeed in reaching the papal throne, a dignity to which he was induced to aspire by the promise of Charles V., his position as legate made him at least virtual head of the English Church. Instead of being annoyed, Henry VIII. was delighted at the honours showered upon his Lord Chancellor by the Roman court. With Wolsey as his obedient minister and at the same time an ecclesiastical dictator, he felt that he had more authority in ecclesiastical affairs than was granted to Francis I. by the Concordat of 1516, and, though possibly at the time he did not advert to it, he was thus preparing the way for exercising in his own name the control that he had exercised for years through his chief minister in the name of the Pope.

The dream of reconquering the English possessions in France induced Henry VIII., during the early years of his reign, to side with the Emperor Maximilian and Ferdinand of Spain against Louis XII.; but the comparative failure of the expeditions undertaken against France, the resentment of the people who were burdened with taxation, and the advice of Cardinal Wolsey, led him to forego his schemes of conquest for a time in favour of a policy of neutrality. The election of Charles V. in 1519 changed the whole aspect of affairs on the Continent, and raised new hopes both in the minds of Henry VIII. and of his faithful minister. An alliance with Charles V. might mean for England the complete subjugation of France, and for Cardinal Wolsey the votes of the cardinals at the approaching conclave. While pretending to act the part of mediator between the rival sovereigns, Henry concluded a secret alliance with the Emperor in 1521, and prepared to make war on France. The failure of the forces dispatched under the Earl of Surrey, the disappointment of Wolsey when he found himself deceived by Charles V. at the conclaves of 1521 and 1523, and the outcry raised in Parliament and throughout the country against the French war, induced Henry VIII. to reconsider his foreign policy. The defeat and capture of Francis I. at Pavia (1525) placed France at the mercy of the Emperor, and made it necessary for Henry to come to the relief of his old enemy unless he wished to see England sink to the level of an imperial province. Overtures for peace were made to France, and in April 1527 Grammont, Bishop of Tarbes, arrived in England to discuss the terms of an alliance. The position of Cardinal Wolsey, which had been rendered critical by the hatred of the nobles, who resented his rule as the rule of an upstart, and by the enmity of the people, who regarded him as the author of the French war and of the increased taxation, was now threatened seriously by the public discussion of difficulties that had arisen in the mind of the king regarding the validity of his marriage.

The Lutheran movement that broke out in Germany two years after Cardinal Wolsey's acceptance of the twofold office of papal legate and royal chancellor, found little favour in England. Here and there, at Oxford, at Cambridge, and in London, individuals were found to subscribe to portion of Luther's programme; but the great body of the people remained unmoved by the tirades of the German reformers against Rome. Henry VIII., whose attention to religion was noted as one of his characteristics by the observant Ambassador of Venice, did not hesitate to take the field against the enemies of the Holy See and more especially against Luther himself. In a work entitled /Assertio Septem Sacramentorum/ (Defence of the Seven Sacraments)[2] published against Luther in 1521, he defended in no uncertain terms the rights and privileges of the Holy See, and in return for the very valuable services that he rendered to religion he was honoured by Leo X. with the title /Fidei Defensor/ (Defender of the Faith, 1521).[3] The example of the king, and the activity of Cardinal Wolsey and of the bishops, made it impossible for the few individuals who favoured the German movement to spread their views.

Were it not for Henry's eagerness to secure a separation from his wife, Catharine of Aragon, it is highly improbable that the anti-Roman agitation would have made any considerable progress in England.[4] In 1499 Henry's wife, Catharine of Aragon, had been betrothed by proxy to his brother Prince Arthur, heir-apparent to the English throne. She arrived in England two years later, and the marriage was solemnised at St. Paul's on the 14th November, 1501. Prince Arthur was then only a boy of fifteen years of age, and of so delicate a constitution that fears were entertained by many that his wife must soon don the widow's weeds. Unfortunately these fears were speedily justified. In April 1502 the Prince fell a victim to a pestilence that raged in the district round Ludlow Castle to which he and his wife had retired. To prevent quarrels between Ferdinand and Henry VII. regarding Catharine's dowry, a marriage was arranged between Catharine and Prince Henry. The necessary dispensation for a marriage with a deceased brother's wife was granted by Julius II. (December 1503), and according to the agreement between the courts of England and of Spain, the marriage should have taken place as soon as Henry reached the age of puberty; but owing to certain political changes in Spain, and the prospect of securing a better match for the heir presumptive to the English throne, Henry VII. arranged that Prince Henry should appear before Fox, Bishop of Winchester, and lodge a formal protest against a marriage agreement that had been concluded during his minority and which he now declared to be null and void (17th June, 1505). This protest was kept secret, but for years Catharine was treated with neglect and left in doubt regarding her ultimate fate. As soon, however, as Henry was free to act for himself on the death of his father, the marriage between himself and Catharine was solemnised publicly (1509), and on the 24th June of the same year the king and queen were crowned at Westminster Abbey.

For years Henry and Catharine lived happily together as man and wife. Several children were born to them, all of whom unfortunately died in their infancy except the Princess Mary, afterwards Queen Mary of England. Even before there was any question of separation from his wife, Henry's relations with some of the ladies at court were not above suspicion. By one, Elizabeth Blount, he had a son whom he created Duke of Richmond and to whom at one time he thought of bequeathing the crown of England. In a short time Mary, the eldest sister of Anne Boleyn, succeeded to Elizabeth in the affections of the king. The fact that Catharine was some years older than her husband, that infirmity and sorrow for the death of her children had dimmed her charms, and that there could be no longer any hope for the birth of an heir to the throne, preyed on Henry's mind and made him not unwilling to rid himself of a wife, whom, however, he could not but admire even though she had forfeited his love. Were he to die there was no one to succeed him but the Princess Mary, and her right to the throne might be contested. Even though she succeeded, her marriage must inevitably create great difficulties. Were she to marry a foreign prince, he feared that England might become a province; were she to accept the hand of an English nobleman, a disputed succession ending in civil war was far from being improbable. His gloomy anticipations were shared in by many of his advisers; and Wolsey, who had set his heart on uniting the forces of England and France against the Emperor, was not unwilling to set a seal on the new French anti-imperial alliance by repudiating Henry's marriage with the Emperor's aunt, if such a dissolution could be brought about without infringing the laws of God.

Though it would seem that doubts had long since arisen in Henry's mind regarding the lawfulness of his marriage to his deceased brother's wife, and that questions of policy may have influenced the attitude of his advisers towards the projected separation, yet it is certain that it was the charms of the young and accomplished Anne Boleyn, that brought matters to a crisis. With her experience of the gay and corrupt court of France, she was not likely to be mistaken about the influence of her charms or the violence of the king's passion. She would be the king's wife if he wished; but she would not be, like her sister, the king's mistress. Overcome by the force of his desires, he determined to rid himself of a wife of whom he was tired, in favour of her young and more attractive rival. The fact that Catharine had been married to his brother Arthur was seized upon by him to furnish a decent pretext for the projected separation. His conscience, he averred, reproached him for such an incestuous alliance, and for his own peace of mind it was necessary, he maintained, to submit the validity of his marriage to the decision of the Church.

There is no convincing evidence that the idea of a separation from Catharine originated with Cardinal Wolsey, though the latter, longing for a matrimonial alliance of his king with a French princess, and not aware of Henry's intention with regard to Anne, was probably not sorry when he learned of Henry's scruples; and it is not true to say that the first doubts regarding the illegitimacy of the Princess Mary were raised by the French Ambassador in 1527. The whole story of the negotiations with France regarding Mary's marriage at the time, makes it perfectly clear that her legitimacy was assumed. The divorce proceedings originated in Henry's own mind, and the plan of marrying Anne Boleyn was kept a secret from Wolsey and from most of the royal advisers. When exactly the question of a separation from Catharine was first mooted is uncertain; but there can be no doubt that early in 1527 active steps were taken to secure a condemnation of the marriage. Wolsey entered warmly into the project, but most of the bishops whom he consulted were not anxious to assist him; and what was still more serious Fisher, the learned and saintly Bishop of Rochester, declared himself from the beginning a determined opponent. The capture of Rome by imperial troops (1527) made it imperative that the terms of the French alliance should be completed at once, and Cardinal Wolsey set out for Paris as the representative of England. While Wolsey was absent in France arranging the terms of the alliance, Anne Boleyn took occasion to warn Henry that his great minister was unreliable, that in his heart 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 directed its attention immediately to the alleged abuses of the clergy. The principal complaints put forward were the excessive fees and delays in connection with the probate of wills, plurality of benefices, and the agricultural and commercial activity of priests, bishops, and religious houses, an activity that was detrimental to themselves and unfair to their lay competitors. Measures were taken in the House of Commons to put an end to these exactions and abuses, but when the bills reached the House of Lords Bishop Fisher lodged an emphatic protest for which he was called to account by the king. When Parliament had done enough to show the bishops and the Roman court what might be expected in case Henry's wishes were not complied with it was prorogued (Dec. 1529), and in the following month a solemn embassy headed by the Earl of Wiltshire, Anne Boleyn's father, was dispatched to interview the Pope and Charles V. at Bologna. The envoys were instructed to endeavour to win over the Emperor to the king's plans, but Charles V. regarded their advances with indignation and refused to sacrifice the honour of his aunt to the friendship of England. The only result of the embassy was that a formal citation of Henry to appear at Rome was served on the Earl of Wiltshire, but at the request of the latter a delay of some weeks was granted. Unless some serious measures were taken immediately, Henry had every reason to expect that judgment might be given against him at Rome, and that he would find himself obliged either to submit unconditionally or to defend himself against the combined forces of the Emperor and the King of France.

To prevent or at least to delay such a result and to strengthen the hands of the English agents at Rome, he determined to follow the advice that had been given him by Thomas Cranmer, namely, to obtain for the separation from Catharine the approval of the universities and learned canonists of the world. Agents were dispatched to Cambridge and Oxford to obtain a verdict in favour of the king. Finding it impossible to secure a favourable verdict from the universities, the agents succeeded in having the case submitted to a small committee both in Cambridge and Oxford, and the judgment of the committees, though by no means unanimous, was registered as the judgment of the universities.[14] Francis I. of France, who for political reasons was on Henry's side throughout the whole proceedings, brought pressure to bear upon the French universities, many of which declared that Henry's marriage to Catharine was null and void. In Italy the number of opinions obtained in favour of the king's desires depended entirely upon the amount of money at the disposal of his agents.[15] To support the verdict of the learned world Henry determined to show Rome that the nobility and clergy of his kingdom were in complete sympathy with his action. A petition signed by a large number of laymen and a few of the bishops and abbots was forwarded to Clement VII. (13th July, 1530).[16] It declared that the question of separation, involving as it did the freedom of the king to marry, was of supreme importance for the welfare of the English nation, that the learned world had pronounced already in the king's favour, and that if the Pope did not comply with this request England might be driven to adopt other means of securing redress even though it should be necessary to summon a General Council. To this Clement VII. sent a dignified reply (Sept.), in which he pointed out that throughout the whole proceedings he had shown the greatest regard for Henry, and that any delay that had occurred at arriving at a verdict was due to the fact that the king had appointed no legal representatives at the Roman courts.[17] The French ambassador also took energetic measures to support the English agents threatening that his master might be forced to join hands with Henry if necessary; but even this threat was without result, and the king's agents were obliged to report that his case at Rome was practically hopeless, and that at any moment the Pope might insist in proceeding with the trial.

When Henry realised that marriage with Anne Boleyn meant defiance of Rome he was inclined to hesitate. Both from the point of view of religion and of public policy separation from the Holy See was decidedly objectionable. While he was in this frame of mind, a prey to passion and anxiety, it was suggested to him, probably by Thomas Cromwell, the former disciple of the fallen cardinal, that he should seize this opportunity to strengthen the royal power in England by challenging the authority of the Pope, and by taking into his own hands the control of the wealth and patronage of the Church. The prospect thus held out to him was so enticing that Henry determined to follow the advice, not indeed as yet with the intention of involving his kingdom in open schism, but in the hope that the Pope might be forced to yield to his demands. In December 1530 he addressed a strong letter to Clement VII. He demanded once more that the validity of his marriage should be submitted to an English tribunal, and warned the Pope to abstain from interfering with the rights of the king, if he wished that the prerogatives of the Holy See should be respected in England.[18]

This letter of Henry VIII. was clearly an ultimatum, non-compliance with which meant open war. At the beginning of 1531 steps were taken to prepare the way for royal supremacy. For exercising legatine powers in England Cardinal Wolsey had been indicted and found guilty of the violation of the stature of Praemunire, and as the clergy had submitted to his legatine authority they were charged as a body with being participators in his guilt. The attorney-general filed an information against them to the court of King's Bench, but when Convocation met it was intimated to the clergy that they might procure pardon for the offence by granting a large contribution to the royal treasury and by due submission to the king. The Convocation of Canterbury offered a sum of £100,000, but the offer was refused unless the clergy were prepared to recognise the king as the sole protector and supreme head of the church and clergy in England. To such a novel proposal Convocation showed itself decidedly hostile, but at last after many consultations had been held Warham, the aged Archbishop of Canterbury, proposed that they should acknowledge the king as "their singular protector only, and supreme lord, and as far as the law of Christ allows even supreme head." "Whoever is silent," said the archbishop, "may be taken to consent," and in this way by the silence of the assembly the new formula was passed.[19] At the Convocation of York, Bishop Tunstall of Durham, while agreeing to a money payment, made a spirited protest against the new title, to which protest Henry found it necessary to forward a reassuring reply. Parliament then ratified the pardon for which the clergy had paid so dearly, and to set at rest the fears of the laity a free pardon was issued to all those who had been involved in the guilt of the papal legate.

Clement VII. issued a brief in January 1531, forbidding Henry to marry again and warning the universities and the law courts against giving a decision in a case that had been reserved for the decision of the Holy See. When the case was opened at the Rota in the same month an excusator appeared to plead, but as he had no formal authority from the king he was not admitted. The case, however, was postponed from time to time in the hope that Henry might relent. In the meantime at the king's suggestion several deputations waited upon Catharine to induce her to recall her appeal to Rome. Annoyed by her obstinacy Henry sent her away from court, and separated from her her daughter. After November 1531, the king and queen never met again. Popular feeling in London and throughout England was running high against the divorce, and against any breach with the Emperor, who might close the Flemish markets to the English merchants. The clergy, who were indignant that their representatives should have paid such an immense sum to secure pardon for an offence of which they had not been more guilty than the king himself, remonstrated warmly against the taxation that had been levied on their revenues. Unmindful of the popular commotion, Henry proceeded to usurp the power of the Pope and of the bishops, and though he was outwardly stern in the repression of heresy, the friends of the Lutheran movement in England boasted publicly that the king was on their side.

When Parliament met again (Jan. 1532), the attacks on the clergy were renewed. A petition against the bishops, drawn up by Thomas Cromwell at the suggestion of Henry,[20] was presented in the name of the House of Commons to the king. In this petition the members were made to complain that the clergy enacted laws and statutes in Convocation without consulting the king or the Commons, that suitors were treated harshly before the ecclesiastical courts, that in regard to probates the people were worried by excessive fees and unnecessary delays, and that the number of holidays was injurious to trade and agriculture. This complaint was forwarded to Convocation for a reply. The bishops, while vindicating for the clergy the right to make their own laws and statutes, showed themselves not unwilling to accept a compromise, but Parliament at the instigation of Henry refused to accept their proposals. The king, who was determined to crush the power of the clergy, insisted that Convocation should abandon its right to make constitutions or ordinances without royal permission, and that the ordinances passed already should be submitted to a mixed commission appointed by the authority of the crown. Such proposals, so contrary to the customs of the realm and so destructive of the independence of the Church, could not fail to be extremely disagreeable to the bishops; but in face of the uncompromising attitude of the king they were forced to give way, and in a document known as the /Submission of the Clergy/ they sacrificed the legislative rights of Convocation (May 1532). They agreed to enact no new canons, constitutions or ordinances without the king's consent, that those already passed should be submitted to a committee consisting of clergy and laymen nominated by the king, and that the laws adopted by this committee and approved by the king should continue in full force. Sir Thomas More, who had worked hard in defence of the Church, promptly resigned his office of Lord Chancellor that he might have a freer hand in the crisis that had arisen.

In March 1532 another step was taken to overawe the Roman court and force the Pope to yield to Henry's demands. An Act was passed abolishing the Annats or First Fruits paid to Rome by all bishops on their appointment to vacant Sees. If the Pope should refuse to appoint without such payments, it was enacted that the consecration should be carried out by the archbishop of the province without further recourse to Rome. Such a measure, tending so directly towards schism, met with strong opposition in the House of Lords from the bishops, abbots, and many of the lay lords, as it did also in the House of Commons. In the end, it was passed only on the understanding that it should not take effect for a year, and that in the meantime if an agreement could be arrived at with the Pope, the king might by letters patent repeal it. Henry instructed his ambassador at Rome to inform Clement VII. that this legislation against Annats was entirely the work of the Parliament, and that if the Pope wished for its withdrawal he must show a more conciliatory spirit towards the king and people of England.[21]

The Pope, however, refused to yield to such intimidation. When news arrived at Rome that Henry had sent away Catharine from court, the question of excommunication was considered, but as the excommunication of a king was likely to be fraught with such serious consequences for the English Church, Clement VII. hesitated to publish it in the hope that Henry might see the error of his ways. The trial was delayed from time to time until at last in November 1532 the Pope addressed a strong letter to the king, warning him under threat of excommunication to put away Anne Boleyn, and not to attempt to divorce Catharine or to marry another until a decision had been given in Rome.[22] By this time the king had given up all hope of securing the approval of Rome for the step he contemplated. Even in England the divorce from Catharine found much opposition from both clergy and laity. Sir Thomas More and many of the nobles were on the side of Catharine, as were also Bishop Fisher of Rochester and Bishop Tunstall of Durham. Even Reginald Pole, the king's own cousin, who had been educated at Henry's expense, and for whom the Archbishopric of York had been kept vacant, refused the tempting offers that were made to him on condition that he would espouse the cause of separation. He preferred instead to leave England rather than act against his conscience by supporting Catherine's divorce.[23] Fortunately for Henry at this moment Warham, the aged Archbishop of Canterbury, who was a stout defender of the Holy See,[24] passed away (Aug. 1532). The king determined to secure the appointment of an archbishop upon whom he could rely for the accomplishment of his designs, and accordingly Thomas Cranmer was selected and presented to Rome. After much hesitation, and merely as the lesser of two evils, his appointment was confirmed.

Thomas Cranmer was born in Nottingham, and educated in Cambridge. He married early in life, but his wife having died within a few months, he determined to take holy orders. His suggestion to submit the validity of Henry's marriage to the judgment of the universities, coming as it did at a time when Henry was at his wits' end, showed him to be a man of resource whose services should be secured by the court. He was appointed accordingly chaplain to Anne Boleyn's father, and was one of those sent on the embassy to meet the Pope and Charles V. at Bologna. During his wanderings in Germany he was brought into close relationship with many of the leading Reformers, and following their teaching and example he took to himself a wife in the person of the well-known Lutheran divine, Osiander. Such a step, so highly objectionable to the Church authorities and likely to be displeasing to Henry, who in spite of his own weakness insisted on clerical celibacy, was kept a secret, though it is not at all improbable that the secret had reached the ears of the king. At the time when the latter had made up his mind to set Rome at defiance, he knew how important it was for him to sacrifice his own personal predilections, for the sake of having a man of Cranmer's pliability as Archbishop of Canterbury, and head of the clergy in England. On the 30th March, 1533, Cranmer was consecrated archbishop, and took the usual oath of obedience and loyalty to the Pope; but immediately before the ceremony, he registered a formal protest that he considered the oath a mere form, and that he wished to hold himself free to provide for the reformation of the Church in England.[25] Such a step indicates clearly enough the character of the first archbishop of the Reformation in England.

To prepare the way for the sentence that might be published at any moment by the Pope a bill was introduced forbidding appeals to Rome under penalty of Praemunire, and declaring that all matrimonial suits should be decided in England, and that the clergy should continue their ministrations in spite of any censures or interdicts that might be promulgated by the Pope. The bill was accepted by the House of Lords, but met with serious opposition in the Commons. An offer was made to raise £200,000 for the king's use if only he would refer the whole question to a General Council, but in the end, partly by threats and partly by deception regarding the attitude of the Pope and the Emperor, the opposition was induced to give way and the bill became law. By this Act it was declared that the realm of England should be governed by one supreme head and king, to whom both spirituality and temporality were bound to yield, "next to God a natural and humble obedience," that the English Church was competent to manage its own affairs without the interference of foreigners, and that all spiritual cases should be heard and determined by the king's jurisdiction and authority.[26] The question of the divorce was brought before the Convocation in March 1533, and though Fisher spoke out boldly in defence of Catharine's marriage, his brethren failed to support him, and Convocation declared against the legitimacy of the marriage.

Henry was now free to throw off the mask. He could point to the verdict given in his favour by both Parliament and Convocation, and could rely on Cranmer as Archbishop of Canterbury to carry out his wishes. In order to provide for the legitimacy of the child that was soon to be born, he had married Anne Boleyn privately in January 1533. In April Cranmer requested permission to be allowed to hold a court to consider Henry's marriage with Catharine, to which request, inspired as it had been by himself, the king graciously assented. The court sat at Dunstable, where Catharine was cited to appear. On her refusal to plead she was condemned as contumacious. Sentence was given by the archbishop that her marriage with Henry was invalid (23rd April, 1533). Cranmer next turned his attention to Henry's marriage with Anne, and as might be expected, this pliant minister had no difficulty in pronouncing in its favour. On Whit Sunday (1533) Anne was crowned as queen in Westminster Abbey. The popular feeling in London and throughout the kingdom was decidedly hostile to the new queen and to the French ambassador, who was blamed for taking sides against Catharine, but Henry was so confident of his own power that he was unmoved by the conduct of the London mob. In September, to the great disappointment of the king who had been led by the astrologers and sorcerers to believe that he might expect the advent of an heir, a daughter was born to whom was given the name Elizabeth.

The Pope, acting on the request of the French and English ambassadors, had delayed to pronounce a definitive sentence, but the news of Henry's marriage with Anne and of the verdict that had been promulgated by the Archbishop of Canterbury made it imperative that decisive measures should be taken. On the 11th July it was decreed that Henry's divorce from Catharine and his marriage with Anne were null and void.[27] Sentence of excommunication against him was prepared, but its publication was postponed till September, when an interview had been arranged to take place between the Pope and Francis I. Francis I. was not without hope even still that an amicable settlement could be arranged. Throughout the whole proceedings he had espoused warmly Henry's cause, in the belief that England, having broken completely with Catharine's nephew Charles V., might be forced to conclude an alliance with France; but he never wished that Henry VIII. should set the Holy See at defiance, or that England should be separated from the Catholic Church. To the Pope and to Henry he had addressed his remonstrances and petitions in turn, but events had reached such a climax that mediation was almost an impossibility. The interview arranged between the Pope and Francis I. took place at Marseilles in October 1533. Regardless of all the rules of diplomatic courtesy and of good manners, Henry's representative forced his way into the presence of the Pope, and announced to him that the King of England had appealed from the verdict of Rome to the judgment of a General Council. Notices of this appeal were posted up in London, and preachers were ordered to declaim against the authority of the Pope, who was to be styled henceforth Bishop of Rome, and whose sentences and excommunications, the people were to be informed, were of no greater importance than those of any other foreign bishop. The way was now open for the final act of separation.

Parliament met in January 1534. The law passed the previous year against the payment of annats was now promulgated. According to this Act the Pope was not to be consulted for the future regarding appointments to English Sees. When a bishopric became vacant, the chapter having received the /Congé d'élire/ should proceed to elect the person named in the royal letters accompanying the /Congé/, and the person so elected should be presented to the metropolitan for consecration. In case of a metropolitan See, the archbishop-elect should be consecrated by another metropolitan and two bishops or by four bishops appointed by the crown. Another Act was passed forbidding the payment of Peter's Pence and all other fees and pensions paid formerly to Rome. The Archbishop of Canterbury was empowered to grant dispensations, and the penalties of Praemunire were levelled against all persons who should apply for faculties to the Pope. By a third Act a prohibition against appeals to Rome was renewed, although it was permitted to appeal from the court of the Archbishop of Canterbury to the king's Court of Chancery. Convocation was forbidden to enact any new ordinances without the consent of the king, and those passed already were to be subject to revision by a royal commission. Finally, an Act was passed vesting the succession in the children of Henry and Anne to the exclusion of the Princess Mary. The marriage with Catharine was declared null and void by Parliament on the ground principally that no man could dispense with God's law, and to prevent such incestuous unions in the future a list of the forbidden degrees was drawn up, and ordered to be exhibited in the public churches. To question the marriage of Henry with Anne Boleyn by writing, word, deed, or act was declared to be high treason, and all persons should take an oath acknowledging the succession under pain of misprision of treason. That the Parliament was forced to adopt these measures against its own better judgment is clear from the small number of members who took their seats in the House of Lords, as well as from the fact that some of the Commoners assured the imperial ambassador that were his master to invade England he might count on considerable support.

In Rome the agents of Francis I., fearing that an alliance between France and England would be impossible were Henry to throw off his allegiance to the Church, moved heaven and earth to prevent a definitive sentence. The fact that the Emperor was both unable and unwilling to enforce the decision of the Pope, and that instead of desiring the excommunication and deposition of Henry he was opposed to such a step, made it more difficult for the Pope to take decisive measures. Finally after various consultations with the cardinals, sentence was given declaring the marriage with Catharine valid and the children born of that marriage legitimate (23rd March, 1534). When the news of this decision reached England Henry was alarmed. He feared that the Emperor might declare war at any moment, that an imperial army might be landed on the English shores, and that Francis I. yielding to the entreaties of the Pope might make common cause with the imperialists. Orders were given to strengthen the fortifications, and to hold the fleet in readiness. Agents were dispatched to secure the neutrality of France, and preachers were commanded to denounce the Bishop of Rome. As matters stood, however, there was no need for such alarm. The Emperor had enough to engage his attention in Spain and Germany, and the enmity between Charles V. and the King of France was too acute to prevent them from acting together even in defence of their common religion.

Meantime it was clear to Henry that popular feeling was strong against his policy, but instead of being deterred by this, he became more obstinate and determined to show the people that his wishes must be obeyed. A nun named Elizabeth Barton, generally known as the "Nun of Kent," claimed to have been favoured with special visions from on high. She denounced the king's marriage with Anne, and bewailed the spread of heresy in the kingdom. People flocked from all parts to interview her, and even Cranmer pretended to be impressed by her statements. She and many of her principal supporters were arrested and condemned to death (Nov. 1534). It was hoped that by her confession it might be possible to placate Bishop Fisher, who was specially hated by Henry on account of the stand he had made on the question of the marriage, and the late Lord Chancellor, Sir Thomas More. Both had met the nun, but had been careful to avoid everything that could be construed even remotely as treason. In the Act of Attainder introduced into Parliament against Elizabeth Barton and her confederates, the names of Fisher and More were included, but so strong was the feeling in More's favour that his name was erased. Fisher, although able to clear himself from all reasonable grounds of suspicion, was found guilty of misprision of treason and condemned to pay a fine of £300. Fisher and More were then called upon to take the oath of succession, which, as drawn up, included, together with an acknowledgement of the legitimacy of the children born of Henry and Anne, a repudiation of the primacy of the Pope, and of the validity of Henry's marriage with Catharine. Both were willing to accept the succession as fixed by Act of Parliament, but neither of them could accept the other propositions. They were arrested therefore and lodged in the Tower (April 1534).

Commissions were appointed to minister the oath to the clergy and laity, most of whom accepted it, some through fear of the consequences of refusal and others in the hope of receiving a share of the monastic lands, which, it was rumoured, would soon be at the disposal of the king. A royal commission consisting of George Brown, Prior of the Augustinian Hermits, and Dr. Hilsey, Provincial of the Dominicans, was appointed to visit the religious houses and to obtain the submission of the members (April 1534). By threats of dissolution and confiscation they secured the submission of most of the monastic establishments with the exception of the Observants of Richmond and Greenwich and the Carthusians of the Charterhouse, London. Many of the members of these communities were arrested and lodged in the Tower, and the decree went forth that the seven houses belonging to the Observants, who had offered a strenuous opposition to the divorce, should be suppressed.[28] The Convocations of Canterbury and York submitted, as did also the Universities of Oxford and Cambridge.