WE have noted that a proportion of the higher clergy were at least not unwilling to be freed from the domination and the financial exactions of Rome; this attitude being either the cause or the effect of the line they took as to the divorce. When, however, it was borne in upon them that the price of escaping the yoke of the Popedom was to be the subjection of the Church, in form to the lay monarch, and in fact to the State, the bulk of them endeavoured to protest against the newly imposed subordination. With the "Submission of the Clergy" and the appointment of Cranmer as Warham's successor, it became entirely clear that to protest or resist would be worse than useless. Accordingly we shall now find this section of the clerical body, including such prelates as Gardiner of Winchester, Stokesley of London, and Tunstal of Durham, devoting themselves to evading or rendering nugatory the directions of the Temporal power and its instrument Cranmer, under colour of obedience, while dissociating themselves from the more rigid of the Old Catholics such as Fisher of Rochester, More, the London Carthusians and others. On the other hand, the newer school, who were much more antagonistic to the papacy, such as Cranmer, Latimer and Barlow, found more personal favour with the King and with Cromwell, though their leanings towards the doctrinal tenets of Continental reformers were checked from time to time with sufficient rudeness.

[Sidenote: Pope or King?]

A very peculiar situation however soon resulted from the Royal rejection of the Papal supremacy. To hold the opinion that the Pope was head of the Church implied the recognition of a divided allegiance, casting a doubt on the holder's loyalty to the Secular Sovereign, and easily translated into treason; since the papal party were bound to maintain in theory the validity of the marriage with Katharine, and the rights of her daughter Mary. Henry never lacked a plausible theory to justify his most tyrannous actions. Modern historians however who carry their support of Henry to the extreme point ignore the two facts, that to hold an opinion which if acted on would lead to treason is not in itself treason; and that it was quite logical to maintain the supreme authority of the Pope in matters spiritual, without admitting his power to depose a recalcitrant monarch or to determine the line of succession—which was in fact the position adopted by Sir Thomas More.

[Sidenote: 1534 Confirmatory Acts]

The Spring session of Parliament in 1534 was devoted mainly to the passing of Acts in confirmation and extension of what already been done. The Submission of the Clergy and the Restraint of Appeals were re-affirmed in one Act; but with the important difference that the whole of the Canon law was to be subjected to the Commission when appointed, [Footnote: See p. 128, ante]. till which time the clergy would be acting at their peril in enforcing any rules which might subsequently be condemned as against the Royal Prerogative. This was accompanied by an Act in confirmation of the Annates Act, coupled with the congé d'élire, assuring to the King the right of nomination to ecclesiastical appointments under the form of permitting the Chapters to elect his nominee. A third, the "Peter Pence" Act, abolished the remaining contributions to the Papal Treasury. At the same time the "exempt" monasteries—those, that is, which had not been subject to the supervision of the bishops—were conveyed to the King's control, still without episcopal intervention. A fourth Act, not prima facie ecclesiastical in character, was the Act of Succession, declaring the offspring of Anne Boleyn (the princess Elizabeth had been born in the previous September) heirs to the throne.

[Sidenote: The Pope's last word]

While these proceedings were in progress, the last attempt to subdue the Pope by diplomacy was failing. At the end of March, Clement gave the long deferred judgment on the divorce, pronouncing the marriage with Katharine valid, and that with Anne Boleyn void. Clement survived but a short time. His successor Paul III. had at one time been in Henry's favour; but reconciliation was now outside the range of practical politics, and the new Pope soon found himself more definitely antagonistic to the English monarch than his predecessor had been.

[Sidenote: The Nun of Kent]

The prevailing superstitions of the day and their reality as factors even in public life are curiously illustrated by the story of the "Nun of Kent" —a story concluded by her execution about this time. The "Nun" was a young woman named Elizabeth Barton of humble birth, who was subject to fits or trances, presumably epileptic in character, in which trances she gave vent to utterances which were supposed to be inspired, being generally religious in their bearing. Having acquired some notoriety and a reputation for sanctity, her prophesyings before long took the form of denunciation of the divorce, at that time in its earlier stages. She was exploited by sundry fanatical persons honest or otherwise—in such cases it is seldom possible to fathom the extent to which mania, intentional deception, conscious or unconscious suggestion, and mere credulity, are mingled. In those days, there were few people who would venture to attribute such phenomena to purely natural causes. Such a man as Thomas More, who was eminently rational as well as deeply religious, was not easily beguiled; but the more credulous and equally honest bishop of Rochester was unable to regard the prophesyings as mere imposture, as was also the case with Warham; and being thus countenanced, when the Nun's utterances reached the point of denouncing the wrath of Heaven upon those who consented to the Divorce, she became really dangerous. She and her associates were charged with treason and executed, while Fisher was necessarily to some degree implicated. Before her death the Nun made a confession of elaborate imposture, but too much weight should not be attached to confessions made under such conditions. Given a certain degree of mental aberration, the case is not without parallels pointing to an absence of conscious fraud. But whether in her case it was fraud or mania, the important fact remains that there were numbers of people who attributed her utterances neither to the one nor the other but to inspiration; numbers more who were in doubt on the point; and that those utterances were to some extent utilised in a seditious propaganda; for to declare as a message from on high that the King and his advisers had brought upon themselves the curse of the Almighty must be recognised as effectively, even if not intentionally, preaching sedition.

[Sidenote 1: The Act of Succession]
[Sidenote 2: The oath refused]