Doctor Foxe (the King’s Almoner, afterwards bishop) replied that the King could not live with his brother’s wife without sin, and therefore left her. It was a fact accomplished, and no longer to be argued. To challenge the action of the Archbishop was to challenge the law of the land, and was not to be allowed. The Pope had no authority in England, spiritual or temporal. The introduction of bulls or briefs from Rome was unlawful, and could not be sheltered behind immunities of ambassadors. Chapuys was the representative of the Emperor, not of the Pope, and Foxe cautioned him against creating disturbances in the realm.

To this Chapuys quietly answered that he would do his duty, let the consequences be what they might. Being again warned, he said he would wait for two or three days, within which he looked for a satisfactory reply from the King.

In leaving the council-room, he said, in imperious fashion, as if he was addressing a set of criminals, that reports were current about the Emperor which he desired to notice. Some declared that he had consented to the marriage with the Lady Anne. Others that he meant to make war. Both allegations alike were false and malicious. So far from wishing to injure England, the Emperor wished to help and support it, and could not believe that he would ever be obliged to act otherwise; and as to consenting to the divorce, if the Pope declared for it he would submit to the Pope’s judgment; otherwise the world would not turn him from the path which he meant to follow. He was acting as the King’s best friend, as the King would acknowledge if he could forget his passion for the Lady and consider seriously his relations with the Emperor. He begged the Council, therefore, to prevent such rumours from being circulated if they did not wish Chapuys to contradict them himself.

The Ambassador was keeping within the truth when he said that Charles was not meditating war. Chapuys’s instructions when first sent to England had been not to make matters worse than they were, not to threaten war, nor to imply in any way that there was danger of war.[229] He had himself, however, insisted that there was no alternative. He had encouraged Catherine’s friends with hope of eventual help, and continued to convey to the Emperor their passionate wish that “his Majesty’s hand would soon reach England,” before “the accursed woman” made an end of the Queen and of them—to tell him that, were his forces once on land, they might raise as many men as they pleased, and the London citizens would stand by, “keep the enlistment money,” and wait to see which party won. As long, however, as his master was undecided he would not, he said, take measures which would do no good, and only lead to inconvenience. He had merely given the Council “a piece of his mind,” and had said what no one else would say, for fear of Lady Anne.

The answer to his letter which he expected from the King did not arrive, but instead of it an invitation to dinner from the Duke of Norfolk, which he refused lest his consent should be misconstrued. Ultimately, however, Cromwell came to him with the King’s permission. Cromwell, strange to say, had been a strong advocate for the Imperial alliance, in opposition to the French, and with Cromwell the Ambassador’s relations were more easy than with the Duke. Their conversations were intimate and confidential. Chapuys professed a hope that the King’s affection for the Lady would pass off, and promised, for himself, to pour no more oil on the fire till he received fresh orders. If they wished for peace, however, he said they must be careful of their behaviour to the Queen, and he complained of the removal of her arms from her barge in the river. Such petty acts of persecution ought to be avoided. The removal of the arms was the work of some too zealous friend of Anne. Cromwell had not heard of it, and said that the King would be greatly displeased. Meanwhile he trusted that Spanish notions of honour would not interfere with a friendship so useful to both countries. If it came to war, England would not be found an easy conquest. He defended the King’s action. The Pope would not do him justice, so he had slapped the Pope in the face. No doubt he had been influenced by love for the Lady. Neither the King himself, nor all the Preachers in the world, would convince him that love had nothing to do with it. But the King was well read in the canon law, and if his conscience was satisfied it was enough.

As Cromwell was so frank, Chapuys asked him when and where the marriage with Anne had been concluded. Cromwell either would not or could not tell him, saying merely that Norfolk had not been present at the ceremony, but others of the Council had, and there was no doubt that it had really taken place.

So matters stood in England, every one waiting to learn how the Emperor would act. Anne Boleyn was duly crowned at Whitsuntide—a splendid official pageant compensating for the secrecy of her marriage. The streets were thronged with curious spectators, but there was no enthusiasm. The procession was like a funeral. The Pope was about to meet the King of France at Nice. Norfolk was commissioned to attend the interview, and, as Henry still hoped that the Duke would bring back an acquiescence in his wishes from Clement, Chapuys saw him before his departure. The Duke said the peace of the world now depended on the Emperor. He repeated that his niece’s marriage had been no work of his. Her father and he had always been against it, and, but for them, it would have happened a year before. She had been furious with both of them. She was now enceinte, and had told her father and himself and Suffolk that she was in better plight than they wished her to be. To attempt to persuade the King to take Catherine back either by threat or argument would be labour thrown away, such “were his scruples of conscience and his despair of having male succession by her.”

At Cromwell’s intercession, the Bishop of Rochester was now released from confinement, and politics were quiet, till the effect was seen of the Nice conference. Anxious consultations were held at Rome before the Pope set out. The Cardinals met in consistory. Henry’s belief had been that Francis was prepared to stand by him to the uttermost, and would carry Clement with him. He was now to find, either that he had been misled or had wilfully deceived himself. Cardinal Tournon, who was supposed to have carried an ultimatum from the meeting at Calais, had required the Pope to suspend the process against Henry:[230] if the Pope replied that the offence was too great, and that he must deprive him, Francis did not say that he would risk excommunication himself by taking an open part, but had directed the Cardinal to urge the removal of the suit to a neutral place, as had been often proposed. The Pope told the Count de Cifuentes that this suggestion had been already discussed with the Emperor, and that the Emperor had not entirely disapproved;[231] but the cunning and treacherous Clement had formed a plan of his own by which he thought he could save England and punish Henry. Francis being less firm than he had feared, he thought that, by working on French ambition, he could detach Francis completely from his English ally. The French were known to be eager to recover Calais. What if Calais could be offered them as a bait? They might turn their coats as they had so often done before.[232] Cunning and weakness generally go together. It was an ingenious proposal, and throws a new light on Clement’s character. Nothing came of it, for the Emperor, with a view to the safety of Flanders and the eventual recovery of the English alliance, declined to sanction a change of ownership on his own frontier. Finding no encouragement, Clement relapsed into his usual attitude. The Imperialists continued to press for the delivery of sentence before the Pope should leave Rome. The Pope continued to insist on knowing the Emperor’s intentions.

A Spanish lawyer, Rodrigo Davalos, had been sent to Rome to dissuade the Pope from the Nice interview, and to quicken the action of the Rota.

“Queen Catherine’s suit,” he said, “had been carried on as if it were that of the poorest woman in the world. Since Cifuentes and he had been there the process had been pushed on, but the Advocates and Proctors had not received a real. Their hands required anointing to make them stick to their business. The Cardinals were at sixes and sevens, and refused to pull together, do what Davalos would.”[233]