[Sidenote: 1530 Answers of the Universities]
During 1530, Parliament remained inactive. The Earl of Wiltshire's embassy to Bologna, of which the object was to induce Charles to withdraw his opposition to the divorce, naturally proved abortive. The consultation of the Universities however went on apace. The theory propounded for their acceptance was that Katharine had been in actual fact the wife of Henry's brother; that this being so her marriage with Henry was contrary to the Law of God; and that by consequence the second contract was actually not only voidable but void, the dispensation being under those circumstances a dead letter. On the other side it was maintained that whatever validity there might be in this argument, it fell to the ground if—as was asserted on the Queen's behalf—her first marriage had been ceremonial only. The answers of the Universities were inconclusive, some declaring the marriage valid, others declaring it void, and others, including Oxford and Cambridge, declaring that it was against the Law of God without pronouncing the dispensation of Julius ipso facto invalid. Moreover, had the opinions given been decisive in themselves, the method by which they were obtained would have destroyed their moral value. Francis, finding that England's friendship was in the balance, dictated a favourable reply to the French Universities. Those in England knew they were not free agents. Clement professed to give those in Italy a free hand, but in that country Charles was the dominant power. In Germany the Lutherans were hostile to Henry personally on account of his own anti-Lutheran pronouncements. Nowhere was a judgment on the simple merits of the case procurable.
[Sidenote: Preoccupation of the Clergy]
In the meantime, the clergy in England had been mainly occupied with a campaign against heresy, and with the suppression of dangerous literature; [Footnote: According to Mr. Froude, Henry only assented with reluctance to the suppression of Tindal's Testament on condition of the preparation of an authorised version being agreed to. But even Hall, whom he cites, only says that both proposals were adopted after long debate.—Froude, i., p. 298 (Ed. 1862).] but willingly or not found themselves committed to approving the preparation of an authorised translation of the Scriptures—the one movement under Henry which tended definitely, in effect though not of set purpose, to a revision of Doctrine.
[Sidenote 1: Menace of Praemunire]
[Sidenote 2: 1531 "Only Supreme Head">[
[Sidenote 3: Proceedings in Parliament]
In December of 1530, however, the Church was to receive a rough reminder that the Defender of the Faith was a stickler for the rigidity of the statutes. He had already struck at Wolsey because, urged thereto by himself, the Cardinal had obtained and exercised legatine powers contrary to the Statutes of Praemunire. Such was the King's reverence for the Law that after it had been transgressed with his sanction for ten years he felt it his duty to penalise the transgressor. After another twelve-month, he felt it his further duty to penalise all who had submitted to the illegal authority. The clergy were informed that they lay one and all under the royal displeasure for breach of praemunire (of which they had in fact been technically guilty), and could only hope for pardon by purchasing it for something over £100,000—practically equivalent to about a couple of millions now. Convocation, alive to the futility of resistance, apologised for its iniquity and admitted the justice of the punishment. Thereupon, in the preamble to the bill by which they were to mulct themselves, the King required the insertion of a clause which designated him "Protector and Only Supreme Head of the Church and Clergy in England". This roused general resistance. Convocation proposed conferences, and sought some compromise which they could reconcile with their consciences. The King would have no compromise, demanding instant submission. At last Warham hit upon the expedient of one of those saving phrases which might mean everything or nothing, and yet could not be objected to on the face of it; inserting the words "so far as the laws of Christ permit": the precise degree to which the said laws did permit being susceptible of unlimited argument, as the royal claims or the clerical conscience might respectively demand. Even so had Becket in the past shielded himself with the words "Saving the rights of my Order". For the time being, this diplomatic evasion or pitiful subterfuge, as the advocates and contemners of the clergy respectively call it, saved the situation. At the time, it must be remarked, Henry did not intend the title to be read as repudiating the Papal Supremacy, which had not hitherto been formally called question. On the face of it, it looks like a touch of Cromwell's; in a thing designed to force the hand of the Clergy in the future if the Papal Supremacy should be directly challenged. The clause was accepted (for the Province of Canterbury) on March 22nd; six weeks later it was also accepted by the Convocation of York, with a protest from Tunstal, now bishop of Durham, who had been distinguished by his diplomatic services under Wolsey's régime. During the corresponding session (January-March 1531) no anti-clerical measures were introduced in Parliament; which registered the Royal pardon and received the formal announcement of the decision of the Universities. The "stern and lofty moral principles" [Footnote: Froude, i., 307, 310 (Ed. 1862). The historian's enthusiasm may seem to require some qualification. The retrospective creation of crimes is a dangerous practice: and the penalty applied might even be considered savage.] of the nation were however vindicated, in consequence of the wholesale poisoning of the bishop of Rochester's household, attributed to an attempt to make away with Fisher himself. By a special enactment, the essentially un-English practice of poisoning was retrospectively classified as high treason, and the criminal sentenced to death by boiling.
[Sidenote: 1532 Parliament]
In the beginning of 1532 the campaign was renewed with vigour; whether from the laudable desire of reforming abuses, or with the object of terrorising the Church into complete subservience. Incidentally it is to be observed that so far as the activity of the Commons was directed against the payment of extortionate fees, the Church had a part only, not the whole, of their opposition. They logically and manfully resisted a "Bill of Wards" legalising claims of the Lords in sundry cases of the marriage of wards. This has been jibed at [Footnote: Moore (Aubrey), Hist. of the Reformation, 103.] as showing that they cared for cash and not for principle. As a matter of fact it appears to prove the first, but to have no bearing on the second. It also proves that when they did care, they could be obstinate, for the Bill was dropped: which illustrates the tact with which the King could yield on a point unimportant to him personally.
In especial however this session was signalised by three Acts, dealing with
Mortmain, Benefit of Clergy, and Annates: and by the "Supplication against
the Ordinaries" which took partial effect in the "Submission of the
Clergy".
[Sidenote: Supplication against the Ordinaries]