By the appeal and the causes which were assigned for it, Henry preoccupied the ground of the conflict; he entrenched himself in the "debatable land" of legal uncertainty; and until his position had been pronounced untenable by the general voice of Christendom, any sentence which the pope could issue would have but a doubtful validity. It was, perhaps, but a slight advantage; and the niceties of technical fencing might soon resolve themselves into a question of mere strength; yet, in the opening of great conflicts, it is well, even when a resort to force is inevitable, to throw on the opposing party the responsibility of violence; and Henry had been led, either by a refinement of policy, or by the plain straightforwardness of his intentions, into a situation where he could expect without alarm the unrolling of the future.
The character of that future was likely soon to be decided. The appeal was published on the 29th of June; and as the pope must have heard, by the middle of the month at latest, of the trial and judgment at Dunstable, a few days would bring an account of the manner in which he had received the intelligence. Prior to the arrival of the couriers, Bennet, with the assistance of Cardinal Tournon, had somewhat soothed down his exasperation. Francis, also, having heard that immediate process was threatened, had written earnestly to deprecate such a measure;[157] and though he took the interference "very displeasantly,"[158] the pope could not afford to lose, by premature impatience, the fruit of all his labour and diplomacy, and had yielded so far as to promise that nothing of moment should be done. To this The news of the divorce pronounced at Dunstable arrives at Rome. state of mind he had been brought one day in the second week of June. The morning after, Bennet found him "sore altered." The news of "my Lord of Canterbury's proceedings" had arrived the preceding night; and "his Holiness said that [such] doings were too sore for him to stand still at and do nothing."[159] It was "against his duty towards God and the world to tolerate them." The imperialist cardinals, impatient before, clamoured that the evil had been caused by the dilatory timidity with which the case had been handled from the first.[160] The consistory sate day after day with General indignation in the consistory. closed doors;[161] and even such members of it had before inclined to the English side, joined in the common indignation. "Some extreme process" was instantly looked for, and the English agents, in their daily interviews with the pope, were forced to listen to language which it was hard to bear with equanimity. Bennet's well-bred courtesy carried him successfully through the difficulty; his companion Bonner was not so fortunate. Bonner's tongue was insolent, and under bad control. He replied to menace by Bonner is impertinent. The pope threatens to boil him in lead. He writes in terror to England. impertinence; and on one occasion was so exasperating, that Clement threatened to burn him alive, or boil him in a caldron of lead.[162] When fairly roused, the old man was dangerous; and the future Bishop of London wrote to England in extremity of alarm. His letter has not been found, but the character of it may be perceived from the reassuring reply of the king. The agents, Henry said, were not to allow themselves to be frightened; they Henry comforts him. were to go on calmly, with their accustomed diligence and dexterity, disputing the ground from point to point, and trust to him. Their cause was good, and, with God's help, he would be able to defend them from the malice of their adversaries.[163]
The consistory cools into prudence.
Fortunately for Bonner, the pope's passion was of brief duration, and the experiment whether Henry's arm could reach to the dungeons of the Vatican remained untried. The more moderate of the cardinals, also, something assuaged the storm; and angry as they all were, the majority still saw the necessity of prudence. In the heat of the irritation, final sentence was to have been pronounced upon the entire cause, backed by interdict, excommunication, and the full volume of the papal thunders. At the close of a month's deliberation they resolved to reserve judgment on the original question, and to confine themselves for the present to revenging the insult to the pope by "my Lord of Canterbury." Both the king and the archbishop had disobeyed a formal inhibition. On the 12th of July, the pope issued a brief, July 12. The pope declares the divorce illegal, and commands Henry to cancel the process. If he fails to obey, he is declared excommunicated. declaring Cranmer's judgment to have been illegal, the English process to have been null and void, and the king, by his disobedience, to have incurred, ipso facto, the threatened penalties of excommunication. Of his clemency he suspended these censures till the close of the following September, in order that time might be allowed to restore the respective parties to their old positions: if within that period the parties were not so restored, the censures would fall.[164] This brief was sent into Flanders, and fixed in the usual place against the door of a church in Dunkirk.
Henry was prepared for a measure which was no more than natural. He had been prepared for it as a possibility when he married. Both he and Francis must have been prepared for it on their meeting at Calais, when the French king advised him to marry, and promised to support him through the consequences. His own measures had been arranged beforehand, and he had secured himself in technical entrenchments by his appeal. After the issue of the brief, however, he could allow no English embassy to compliment Clement by its presence on his visit to France. He "knew the pope," as he said. Long experience had shown him that nothing was to be gained by yielding in minor points; and the only chance which now remained of preserving the established order of Christendom, was to terrify the Vatican court into submission by the firmness of his attitude. For the present complications, the court of Rome, not he, was responsible. The pope, with a culpable complacency for the emperor, had shrunk from discharging a duty which his office imposed upon him; and the result had been that the duty was discharged by another. Henry could not blame himself for the Henry again urges Francis to decline to meet the pope. consequences of Clement's delinquency. He rather felt himself wronged in having been driven to so extreme a measure against his will. He resolved, therefore, to recal the embassy, and once more, though with no great hope that he would be successful, to invite Francis to fulfil his promise, and to unite with himself in expressing his resentment at the pope's conduct.
August 8.
His despatch to the Duke of Norfolk on this occasion was the natural sequel of what he had written a few weeks previously. That letter had failed wholly of its effect. The interview was resolved upon for quite other reasons than those which were acknowledged, and therefore was not to be given up. A promise, however, had been extracted, that it should be given up, if in the course of the summer the pope "innovated anything" against the King of England; and Henry now required, formally, that this engagement should be observed. "A notorious and notable innovation" had been made, and Francis must either deny his words, or adhere to them. It would be evident to all the world, if the interview took place under the present circumstances, that the alliance with England was no longer of the importance with him which it had been; that his place in the struggle, when the struggle came, would be found on the papal side.
The cause at issue is the independence of princes.
The language of Henry throughout this paper was very fine and noble. He reminded Francis that substantially the cause at issue was the cause of all princes; the pope claiming a right to summon them to plead in the courts of Rome, and refusing to admit their exemption as sovereign rulers. He had been required not only to undo his marriage, and cancel the sentence of He has been required to repeal the Act of Appeals, divorce, but, as a condition of reconciliation with the Holy See, to undo also the Act of Appeals, and to restore the papal jurisdiction. He desired it to be understood, with emphasis, that these points were all equally sacred, and the repeal of the act was as little to be thought of as the annulling the marriage. "The pope," he said, "did inforce us to excogitate Which is impossible. some new thing, whereby we might be healed and relieved of that continual disease, to care for our cause at Rome, where such defence was taken from us, as by the laws of God, nature, and man, is due unto us. Hereupon depended the wealth of our realm; hereupon consisted the surety of our succession, which by no other means could be well assured." "And He, therefore, and the pope are as far asunder as yea and nay, therefore," he went on, "you [the Duke] shall say to our good brother, that the pope persisting in the ways he hath entered, ye must needs despair in any meeting between the French king and the pope, to produce any such effect as to cause us to meet in concord with the pope; but we shall be even as far asunder as is between yea and nay. For to the pope's enterprise to revoke or put back anything that is done here, either in marriage, statute, sentence, or proclamation[165]—of which four members is knit and conjoined the surety of our matter, nor any can be removed from the other, lest thereby the whole edifice should be destroyed—we will and shall, by all ways and means say nay, and declare our nay in such sort as the world shall hear, and the pope feel it. Wherein ye may say our firm trust, perfect hope, and assured confidence is, that our good brother will agree And he trusts that Francis will agree with him as to the pope's conduct. with us: as well for that it should be partly dishonourable for him to see decay the thing that was of his own foundation and planting; as also that it should be too much dishonourable for us—having travelled so far in this matter, and brought it to this point, that all the storms of the year passed, it is now come to harvest, trusting to see shortly the fruit of our marriage, to the wealth, joy, and comfort of all our realm, and our own singular consolation—that anything should now be done by us to impair the same, and to put our issue either in peril of bastardy, or otherwise disturb that [which] is by the whole agreement of our realm established for their and our commodity, wealth, and benefit. And in this determination ye know us to be so fixed, and the contrary hereof to be so infeasible, either at our hands, or by the consent of the realm, that ye must needs despair of any order to be taken by the French king with the pope. For if any were by For himself, he is satisfied that he can retract nothing which he has justly done, him taken wherein any of these four pieces should be touched—that is to say, the marriage of the queen our wife, the revocation of the Bishop of Canterbury's sentence, the statute of our realm, or our late proclamation, which be as it were one—and as walls, covering, and foundation make a house, so they knit together, establish, and make one matter—ye be well assured, and be so ascertained from us, that in no wise we will relent, but will, as we have before written, withstand the same. Whereof ye may say that ye have thought good to advertise him, to the intent he make no farther promise to the pope therein than may be performed."
The ambassadors were the more emphatically to insist on the king's resolution, lest Francis, in his desire for conciliation, might hold out hopes to the pope which could not be realized. They were to say, however, that the King of England still trusted that the interview would not take place. The see of Rome was asserting a jurisdiction which, if conceded, would encourage an unlimited usurpation. If princes might be cited to the papal courts in a cause of matrimony, they might be cited equally in other causes at the pope's pleasure; and the free kingdoms of Europe would be converted into dependent provinces of the see of Rome. It concerned alike the interest and the honour of all sovereigns to resist encroachments which And the pope must be made to understand his folly. pointed to such an issue; and, therefore, Henry said he hoped that his good brother would use the pope as he had deserved, "doing him to understand his folly, and [that] unless he had first made amends, he could not find in his heart to have further amity with him."