Charles was, indeed, afraid, not merely of Henry, but of Francis, who was meditating fresh Italian schemes; and various expedients were suggested to divert his attention in other directions. He might be assisted in an attack upon Calais. "Calais," was Charles's cautious comment, "is better as it is, for the security of Flanders."[877] The Pope hinted that the grant of Milan would win over Francis. It probably would; but Charles would have abandoned half a dozen aunts rather than see Milan in French possession. His real concern in the matter was not the injustice to Catherine, but the destruction of the prospect of Mary's succession. That was a tangible political interest, and Charles was much less anxious to have Henry censured than to have Mary's legitimate claim to the throne established.[878] He was a great politician, absolutely impervious to personal wrong when its remedy conflicted with political interests. "Though the Emperor," he said, "is bound to the Queen, this is a private matter, and public considerations must be taken into account." And public considerations, as he admitted a year later, "compelled him to conciliate Henry".[879] So he refused Chapuys' request to be recalled lest his presence in England should lead people to believe that Charles had condoned Henry's marriage with Anne Boleyn,[880] and dissuaded Catherine from leaving England.[881] The least hint to Francis of any hostile intent towards Henry would, thought Charles, be at once revealed to the English King, and the two would join in making war on himself. War he was determined to avoid, for, apart from the ruin of Flanders, which it would involve, Henry and Francis had long been intriguing with the Lutherans in Germany. A breach might easily precipitate civil strife in the Empire; and, indeed, in June, 1534, Würtemberg was wrested from the Habsburgs by Philip of Hesse with the connivance of France. Francis, too, was always believed to have a working agreement with the Turk; Barbarossa was giving no little cause for alarm in the Mediterranean; while Henry on his part had established close relations with Lübeck and Hamburg, and was fomenting dissensions in Denmark, the crown of which he was offered but cautiously declined.[882]
This incurable jealousy between Francis and Charles made the French King loth to weaken his friendship with Henry. The English King was careful to impress upon the French ambassador that he could, in the last resort, make his peace with Charles by taking back Catherine and by restoring Mary to her place in the line of succession.[883] Francis had too poignant a recollection of the results of the union between Henry and Charles from 1521 to 1525 ever to risk its renewal. The age of the crusades and chivalry was gone; commercial and national rivalries were as potent in the sixteenth century as they are to-day. Then, as in subsequent times, mutual suspicions made impossible an effective concert of Europe against the Turk. The fall of Rhodes and the death of one of Charles's brothers-in-law at Mohacz and the expulsion of another from the throne of Denmark had never been avenged, and, in 1534, the Emperor was compelled to evacuate Coron.[884] If Europe could not combine against the common enemy of the Faith, was it likely to combine against one who, in spite of all his enormities, was still an orthodox Christian? And, without a combination of princes to execute them, papal censures, excommunications, interdicts, and all the spiritual paraphernalia, served only to probe the hollowness of papal pretensions, and to demonstrate the deafness of Europe to the calls of religious enthusiasm. In Spain, at least, it might have been thought that every sword would leap from its scabbard at a summons from Charles on behalf of the Spanish Queen. "Henry," wrote Chapuys, "has always fortified himself by the consent of Parliament."[885] It would be well, he thought, if Charles would follow suit, and induce the Cortes of Aragon and Castile, "or at least the grandees," to offer their persons and goods in Catherine's cause. Such an offer, if published in England, "will be of inestimable service". But here comes the proof of Charles's pitiful impotence; in order to obtain this public offer, the Emperor was "to give them privately an exemption from such offer and promise of persons and goods". It was to be one more pretence like the others, and unfortunately for the Pope and for the Emperor, Henry had an inconvenient habit of piercing disguises.
The strength of Henry's position at home was due to a similar lack of unity among his domestic enemies. If the English people had wished to depose him, they could have effected their object without much difficulty. In estimating the chances of a possible invasion, it was pointed out how entirely dependent Henry was upon his people: he had only one castle in London, and only a hundred yeomen of the guard to defend him.[886] He would, in fact, have been powerless against a united people or even against a partial revolt, if well organised and really popular. There was chronic discontent throughout the Tudor period, but it was sectional. The remnants of the old nobility always hated Tudor methods of government, and the poorer commons were sullen at their ill-treatment by the lords of the land; but there was no concerted basis of action between the two. The dominant class was commercial, and it had no grievance against Henry, while it feared alike the lords and the lower orders. In the spoliation of the Church temporal lords and commercial men, both of whom could profit thereby, were agreed; and nowhere was there much sympathy with the Church as an institution apart from its doctrine. Chapuys himself admits that the act, depriving the clergy of their profits from leases, was passed "to please the people";[887] and another conservative declared that, if the Church were deprived of all its temporal goods, many would be glad and few would bemoan.[888] Sympathy with Catherine and hatred of Anne were general, but people thought, like Charles, that these were private griefs, and that public considerations must be taken into account. Englishmen are at all times reluctant to turn out one Government until they see at least the possibility of another to take its place, and the only alternative to Henry VIII. was anarchy. The opposition could not agree on a policy, and they could not agree on a leader. There were various grandchildren of Edward IV. and of Clarence, who might put forward distant claims to the throne; and there were other candidates in whose multitude lay Henry's safety. It was quite certain that the pushing of any one of these claimants would throw the rest on Henry's side. James V., whom at one time Chapuys favoured, knew that a Scots invasion would unite the whole of England against him; and Charles was probably wise in rebuking his ambassador's zeal, and in thinking that any attempt on his own part would be more disastrous to himself than to Henry.[889] For all this, the English King was, as Chapuys remarks, keeping a very watchful eye on the countenance of his people,[890] seeing how far he could go and where he must stop, and neglecting no precaution for the peace and security of himself and his kingdom. Acts were passed to strengthen the navy, improvements in arms and armament were being continually tested, and the fortifications at Calais, on the Scots Borders and elsewhere were strengthened. Wales was reduced to law and order, and, through the intermediation of Francis, a satisfactory peace was made with Scotland.[891]
Convinced of his security from attack at home and abroad, Henry proceeded to accomplish what remained for the subjugation of the Church in England and the final breach with Rome. Clement had no sooner excommunicated Henry than he began to repent; he was much more alarmed than the English King at the probable effects of his sentence. Henry at once recalled his ambassadors from Rome, and drew up an appeal to a General Council.[892] The Pope feared he would lose England for ever. Even the Imperialists proved but Job's comforters, and told him that, after all, it was only "an unprofitable island,"[893] the loss of which was not to be compared with the renewed devotion of Spain and the Emperor's other dominions; possibly they assured him that there would never again be a sack of Rome. Clement delayed for a time the publication of the sentence against Henry, and in November he went to his interview with Francis I. at Marseilles.[894] While he was there, Bonner intimated to him Henry's appeal to a General Council. Clement angrily rejected the appeal as frivolous, and Francis regarded this defiance of the Pope as an affront to himself in the person of his guest, and as the ruin of his attempts to reconcile the two parties. "Ye have clearly marred all," he said to Gardiner; "as fast as I study to win the Pope, you study to lose him,"[895] and he declared that, had he known of the intimation beforehand, it should never have been made. Henry, however, had no desire that the Pope should be won.[896] He was, he told the French ambassador, determined to separate from Rome; "he will not, in consequence of this, be less Christian, but more so, for in everything and in every place he desires to cause Jesus Christ to be recognised, who alone is the patron of Christians; and he will cause the Word to be preached, and not the canons and decrees of the Pope."[897]
Parliament was to meet to effect this purpose in January, 1534, and during the previous autumn there are the first indications, traceable to Cromwell's hand, of an attempt to pack it. He drew up a memorandum of such seats as were vacant from death or from other causes; most of the new members appear to have been freely elected, but four vacancies were filled by "the King's pleasure."[898] More extensive and less doubtful was the royal interference in the election of abbots. Many abbeys fell vacant in 1533, and in every case commissioners were sent down to secure the election of the King's nominee; in many others, abbots were induced to resign, and fresh ones put in their place.[899] It is not clear that the main object was to pack the clerical representation in the House of Lords, because only a few of these abbots had seats there, the abbots gave much less trouble than the bishops in Parliament, and Convocation, where they largely outnumbered the bishops, was much more amenable than the House of Peers, where the bishops' votes preponderated. It is more probable that the end in view was already the dissolution of the monasteries by means of surrender. Cromwell, who was now said to "rule everything,"[900] was boasting that he would make his King the richest monarch in Christendom, and his methods may be guessed from his praise of the Sultan as a model to other princes for the authority he wielded over his subjects.[901] Henry, however, was fortunate in 1533, even in the matter of episcopal representation. He had, since the fall of Wolsey, had occasion to fill up the Sees of York, Winchester, London, Durham and Canterbury; and in this year five more became vacant: Bangor, Ely, Coventry and Lichfield by death, and Salisbury and Worcester through the deprivation by Act of Parliament of their foreign and absentee pastors, Campeggio and Ghinucci.[902] Of the other bishops, Clerk of Bath and Wells, and Longland of Lincoln, had been active in the divorce, which, indeed, Longland, the King's confessor, was said to have originally suggested about the year 1523; the Bishops of Norwich and of Chichester were both over ninety years of age.[903] Llandaff was Catherine's confessor, a Spaniard who could not speak a word of English. On the whole bench there was no one but Fisher of Rochester who had the will or the courage to make any effective stand on behalf of the Church's liberty.
Before Parliament met Francis sent Du Bellay, Bishop of Paris, to London to make one last effort to keep the peace between England and Rome. Du Bellay could get no concessions of any value from Henry. All the King would promise was that, if Clement would before Easter declare his marriage with Catherine null and that with Anne valid, he would not complete the extirpation of the papal authority.[904] Little enough of that remained, and Henry himself had probably no expectation and no wish that his terms should be accepted. Long before Du Bellay had reached Rome, Parliament was discussing measures designed to effect the final severance. Opposition was of the feeblest character alike in Convocation and in both Houses of Parliament. Chapuys himself gloomily prophesied that there would be no difficulty in getting the principal measures, abolishing the Pope's authority and arranging for the election of bishops, through the House of Lords.[905] The second Act of Appeals embodied the concessions made by Convocation in 1532 and rejected that year in the House of Lords. Convocation was neither to meet nor to legislate without the King's assent; Henry might appoint a royal commission to reform the canon law;[906] appeals were to be permitted to Chancery from the Archbishop's Court;[907] abbeys and other religious houses, which had been exempt from episcopal authority, were placed immediately under the jurisdiction of Chancery. A fresh Act of Annates defined more precisely the new method of electing bishops, and provided that, if the Chapter did not elect the royal nominee within twelve days, the King might appoint him by letters patent. A third act forbade the payment of Peter-pence and other impositions to the Court of Rome, and handed over the business of dispensations and licences to the Archbishop of Canterbury; at the same time it declared that neither King nor realm meant to vary from the articles of the Catholic Faith of Christendom.
Another act provided that charges of heresy must be supported by two lay witnesses, and that indictments for that offence could only be made by lay authorities. This, like the rest of Henry's anti-ecclesiastical legislation, was based on popular clamour. On the 5th of March the whole House of Commons, with the Speaker at their head, had waited on the King at York Place and expatiated for three hours on the oppressiveness of clerical jurisdiction. At length it was agreed that eight temporal peers, eight representatives of the Lower House and sixteen bishops "should discuss the matter and the King be umpire"[908]—a repetition of the plan of 1529 and a very exact reflection of Henry's methods and of the Church-and-State situation during the Reformation Parliament.
The final act of the session, which ended on 30th March, was a constitutional innovation of the utmost importance. From the earliest ages the succession to the crown had in theory been determined, first by election, and then by hereditary right. In practice it had often been decided by the barbarous arbitrament of war. For right is vague, it may be disputed, and there was endless variety of opinion as to the proper claimant to the throne if Henry should die. So vague right was to be replaced by definite law, which could not be disputed, but which, unlike right, could easily be changed. The succession was no longer to be regulated by an unalterable principle, but by the popular (or royal) will expressed in Acts of Parliament.[909] The first of a long series of Acts of Succession was now passed to vest the succession to the crown in the heirs of the King by Anne Boleyn; clauses were added declaring that persons who impugned that marriage by writing, printing, or other deed were guilty of treason, and those who impugned it by words, of misprision. The Government proposal that both classes of offenders should be held guilty of treason was modified by the House of Commons.[910]
On 23rd March, a week before the prorogation of Parliament, and seven years after the divorce case had first begun, Clement gave sentence at Rome pronouncing valid the marriage between Catherine and Henry.[911] The decision produced not a ripple on the surface of English affairs; Henry, writes Chapuys, took no account of it and was making as good cheer as ever.[912] There was no reason why he should not. While the imperialist mob at Rome after its kind paraded the streets in crowds, shouting "Imperio et Espagne," and firing feux-de-joie over the news, the imperialist agent was writing to Charles that the judgment would not be of much profit, except for the Emperor's honour and the Queen's justification, and was congratulating his master that he was not bound to execute the sentence.[913] Flemings were tearing down the papal censures from the doors of their churches,[914] and Charles was as convinced as ever of the necessity of Henry's friendship. He proposed to the Pope that some one should be sent from Rome to join Chapuys in "trying to move the King from his error"; and Clement could only reply that "he thought the embassy would have no effect on the King, but that nothing would be lost by it, and it would be a good compliment!"[915] Henry, however was less likely to be influenced by compliments, good or bad, than by the circumstance that neither Pope nor Emperor was in a position to employ any ruder persuasive. There was none so poor as to reverence a Pope, and, when Clement died six months later, the Roman populace broke into the chamber where he lay and stabbed his corpse; they were with difficulty prevented from dragging it in degradation through the streets.[916] Such was the respect paid to the Supreme Pontiff in the Holy City, and deference to his sentence was not to be expected in more distant parts.
Henry's political education was now complete; the events of the last five years had proved to him the truth of the assertion, with which he had started, that the Pope might do what he liked at Rome, but that he also could do what he liked in England, so long as he avoided the active hostility of the majority of his lay subjects. The Church had, by its actions, shown him that it was powerless; the Pope had proved the impotence of his spiritual weapons; and the Emperor had admitted that he was both unable and unwilling to interfere. Henry had realised the extent of his power, and the opening of his eyes had an evil effect upon his character. Nothing makes men or Governments so careless or so arbitrary as the knowledge that there will be no effective opposition to their desires. Henry, at least, never grew careless; his watchful eye was always wide open. His ear was always strained to catch the faintest rumbling of a coming storm, and his subtle intellect was ever on the alert to take advantage of every turn in the diplomatic game. He was always efficient, and he took good care that his ministers should be so as well. But he grew very arbitrary; the knowledge that he could do so much became with him an irresistible reason for doing it. Despotic power is twice cursed; it debases the ruler and degrades the subject; and Henry's progress to despotism may be connected with the rise of Thomas Cromwell, who looked to the Great Turk as a model for Christian princes.[917] Cromwell became secretary in May, 1534; in that month Henry's security was enhanced by the definitive peace with Scotland,[918] and he set to work to enforce his authority with the weapons which Parliament had placed in his hands. Elizabeth Barton, and her accomplices, two Friars Observants, two monks, and one secular priest, all attainted of treason by Act of Parliament, were sent to the block.[919] Commissioners were sent round, as Parliament had ordained, to enforce the oath of succession throughout the land.[920] A general refusal would have stopped Henry's career, but the general consent left Henry free to deal as he liked with the exceptions. Fisher and More were sent to the Tower. They were willing to swear to the succession, regarding that as a matter within the competence of Parliament, but they refused to take the oath required by the commissioners;[921] it contained, they alleged, a repudiation of the Pope not justified by the terms of the statute. Two cartloads of friars followed them to the Tower in June, and the Order of Observants, in whose church at Greenwich Henry had been baptised and married, and of whom in his earlier years he had written in terms of warm admiration, was suppressed altogether.[922]