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".[840] 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.[841] 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.[842] 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.[843] 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.[844] 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.

CHAPTER XII.

"THE PREVAILING OF THE GATES OF HELL."

That victorious issue of the Tudor struggle with the power, against which Popes proclaimed that the gates of hell should not prevail, was distant enough in 1533. Then the Tudor monarch seemed rushing headlong to irretrievable ruin. Sure of himself and his people, and feeling no longer the need of Clement's favour, Henry threw off the mask of friendship, and, on the 9th of July, confirmed, by letters patent, the Act of Annates.[845] Cranmer's proceedings at Dunstable, Henry's marriage, and Anne's coronation, constituted a still more flagrant defiance of Catholic Europe. The Pope's authority was challenged with every parade of contempt. He could do no less than gather round him the relics of his dignity and prepare to launch against Henry the final ban of the Church.[846] So, on the 11th of July, the sentence of the greater excommunication was drawn up. Clement did not yet, nor did he ever, venture to assert his claims to temporal supremacy in Christendom, by depriving the English King of his kingdom; he thought it prudent to rely on his own undisputed prerogative. His spiritual powers seemed ample; and he applied to himself the words addressed to the Prophet Jeremiah, "Behold, I have set thee above nations and kingdoms that thou mayest root up and destroy, build and plant, a lord over all kings of the whole earth and over all peoples bearing rule".[847] In virtue of this prerogative Henry was cut off from the Church while he lived, removed from the pale of Christian society, and deprived of the solace of the rites of religion; when he died, he must lie without burial, and in hell suffer torment for ever.[848]

What would be the effect of this terrific anathema? The omens looked ill for the English King. If he had flouted the Holy See, he had also offended the temporal head of Christendom. The Emperor's aunt had been divorced, his cousin's legitimacy had been impugned, and the despatches of his envoy, Chapuys, were filled with indignant lamentations over the treatment meted out to Catherine and to her daughter. Both proud and stubborn women, they resolutely refused to admit in any way the validity of Henry's acts and recent legislation. Catherine would rather starve as Queen, than be sumptuously clothed and fed as Princess Dowager. Henry would give her anything she asked, if she would acknowledge that she was not the Queen, nor her daughter the Princess; but her bold resistance to his commands and wishes brought out all the worst features of his character.[849] His anger was not the worst the Queen and her daughter had to fear; he still preserved a feeling of respect for Catherine and of affection for Mary. "The King himself," writes Chapuys, "is not ill-natured; it is this Anne who has put him in this perverse and wicked temper, and alienates him from his former humanity."[850] The new Queen's jealous malignity passed all bounds. She caused her aunt to be made governess to Mary, and urged her to box her charge's ears; and she used every effort to force the Princess to serve as a maid upon her little half-sister, Elizabeth.[851]

This humiliation was deeply resented by the people, who, says Chapuys, though forbidden, on pain of their lives, to call Catherine Queen, shouted it at the top of their voices.[852] "You cannot imagine," he writes a few weeks later to Charles, "the great desire of all this people that your Majesty should send men. Every day I have been applied to about it by Englishmen of rank, wit and learning, who give me to understand that the last King Richard was never so much hated by his people as this King."[853] The Emperor, he went on, had a better chance of success than Henry VII., and Ortiz at Rome was cherishing the belief that England would rise against the King for his contumacy and schismatic disobedience.[854] Fisher was urgent that Charles should prepare an invasion of England; the young Marquis of Exeter, a possible claimant to the throne, was giving the same advice.[855] Abergavenny, Darcy and other peers brooded in sullen discontent. They were all listening to the hysterical ravings of Elizabeth Barton,[856] the Nun of Kent, who prophesied that Henry had not a year to live. Charles's emissaries were busy in Ireland, where Kildare was about to revolt. James V. of Scotland was hinting at his claims to the English crown, should Henry be deprived by the Pope;[857] and Chapuys was divided in mind whether it would be better to make James the executor of the papal sentence, or marry Mary to some great English noble, and raise an internal rebellion.[858] At Catherine's suggestion he recommended to the Emperor Reginald Pole, a grandson of George, Duke of Clarence, as a suitor for Mary's hand; and he urged, on his own account, Pole's claims to the English throne.[859] Catherine's scruples, not about deposing her husband, or passing over the claims of Henry's sisters, but on the score of Edward IV.'s grandson, the Marquis of Exeter, might, thought Chapuys, be removed by appealing to the notorious sentence of Bishop Stillington, who, on the demand of Richard III., had pronounced Edward IV.'s marriage void and his children illegitimate.[860] Those who had been the King's firm supporters when the divorce first came up were some of them wavering, and others turning back.[861] Archbishop Lee, Bishops Tunstall and Gardiner, and Bennet,[862] were now all in secret or open opposition, and even Longland was expressing to Chapuys regrets that he had ever been Henry's confessor;[863] like other half-hearted revolutionists, they would never have started at all, had they known how far they would have to go, and now they were setting their sails for an adverse breeze. It was the King, and the King alone, who kept England on the course which he had mapped out. Pope and Emperor were defied; Europe was shocked; Francis himself disapproved of the breach with the Church; Ireland was in revolt; Scotland, as ever, was hostile; legislation had been thrust down the throats of a recalcitrant Church, and, we are asked to believe, of a no less unwilling House of Commons, while the people at large were seething with indignation at the insults heaped upon the injured Queen and her daughter. By all the laws of nature, of morals, and of politics, it would seem, Henry was doomed to the fate of the monarch in the Book of Daniel the Prophet,[864] who did according to his will and exalted and magnified himself above every god; who divided the land for gain, and had power over the treasures of gold and silver; who was troubled by tidings from the east and from the north; who went forth with great fury to destroy and utterly make away many, and yet came to his end, and none helped him.

All these circumstances, real and alleged, would be quite convincing as reasons for Henry's failure; but they are singularly inconclusive as explanations of his success, of the facts that his people did not rise and depose him, that no Spanish Armada disgorged its host on English shores, and that, for all the papal thunderbolts, Henry died quietly in his bed fourteen years later, and was buried with a pomp and respect to which Popes themselves were little accustomed. He may have stood alone in his confidence of success, and in his penetration through these appearances into the real truth of the situation behind. That, from a purely political or non-moral point of view, is his chief title to greatness. He knew from the beginning what he could do; he had counted the cost and calculated the risks; and, writes Russell in August, 1533, "I never saw the King merrier than he is now".[865] As early as March, 1531, he told Chapuys that if the Pope issued 10,000 excommunications he would not care a straw for them.[866] When the papal nuncio first hinted at excommunication and a papal appeal to the secular arm, Henry declared that he cared nothing for either.[867] He would open the eyes of princes, he said, and show them how small was really the power of the Pope;[868] and "when the Pope had done what he liked on his side, Henry would do what he liked here".[869] That threat, at least, he fulfilled with a vengeance. He did not fear the Spaniards; they might come, he said (as they did in 1588), but perhaps they might not return.[870] England, he told his subjects, was not conquerable, so long as she remained united;[871] and the patriotic outburst with which Shakespeare closes "King John" is but an echo and an expansion of the words of Henry VIII.

This England never did, nor never shall,
Lie at the proud foot of a conqueror,
But when it first did help to wound itself....
Come the three corners of the world in arms,
And we shall shock them. Nought shall make us rue,
If England to itself do rest but true.

The great fear of Englishmen was lest Charles should ruin them by prohibiting the trade with Flanders. "Their only comfort," wrote Chapuys, "is that the King persuades the people that it is not in your Majesty's power to do so."[872] Henry had put the matter to a practical test, in the autumn of 1533, by closing the Staple at Calais.[873] It is possible that the dispute between him and the merchants, alleged as the cause for this step, was real; but the King could have provided his subjects with no more forcible object-lesson. Distress was felt at once in Flanders; complaints grew so clamorous that the Regent sent an embassy post-haste to Henry to remonstrate, and to represent the closing of the Staple as an infraction of commercial treaties. Henry coldly replied that he had broken no treaties at all; it was merely a private dispute between his merchants and himself, in which foreign powers had no ground for intervention. The envoys had to return, convinced against their will. The Staple at Calais was soon reopened, but the English King was able to demonstrate to his people that the Flemings "could not do without England's trade, considering the outcry they made when the Staple of Calais was closed for only three months".

Henry, indeed, might almost be credited with second-sight into the Emperor's mind. On 31st May, 1533, Charles's council discussed the situation.[874] After considering Henry's enormities, the councillors proceeded to deliberate on the possible remedies. There were three: justice, force and a combination of both. The objections to relying on methods of justice, that is, on the papal sentence, were, firstly, that Henry would not obey, and secondly, that the Pope was not to be trusted. The objections to the employment of force were, that war would imperil the whole of Europe, and especially the Emperor's dominions, and that Henry had neither used violence towards Catherine nor given Charles any excuse for breaking the Treaty of Cambrai. Eventually, it was decided to leave the matter to Clement. He was to be urged to give sentence against Henry, but on no account to lay England under an interdict, as that "would disturb her intercourse with Spain and Flanders. If, therefore, an interdict be resorted to, it should be limited to one diocese, or to the place where Henry dwells."[875] Such an interdict might put a premium on assassination, but otherwise neither Henry nor his people were likely to care much about it. The Pope should, however, be exhorted to depose the English King; that might pave the way for Mary's accession and for the predominance in England of the Emperor's influence; but the execution of the sentence must not be entrusted to Charles.[876] It would be excellent if James V. or the Irish would undertake to beard the lion in his den, but the Emperor did not see his way clear to accepting the risk himself.