Chapuys urged that the Archbishop’s sentence was worth no more than the Bishop of Bath’s sentence illegitimatising the children of Edward IV. Parliament would, no doubt, vote as the King pleased; but, as to custom, no such occasion had ever arisen before, and Parliament was not competent to decide questions which belonged only to spiritual judges. The Princess was indisputably legitimate, as at the time of her birth no doubt existed on the lawfulness of her mother’s marriage.
This was a sound argument, and Henry seemed to admit the force of it. But he said that neither pope nor princes had a right to interfere with the laws and institutions of England. Secular judges were perfectly well able to deal with matrimonial causes. The Princess Elizabeth was next in succession till a son was born to him. That son he soon hoped to have. In short, he declined to allow Chapuys to make a speech in the House of Lords; so Chapuys dropped the subject, and interceded for permission to the Princess Mary to reside with her mother. He said frankly that, if harm came to her while in the charge of her present governess, the world would not be satisfied. Of course he knew that for all the gold in the world the King would not injure his daughter; but, even if she died of an ordinary illness, suspicions would be entertained of foul play. With real courage Chapuys reminded Henry that the knights who killed Becket had been encouraged by the knowledge that the king was displeased with him. The enemies of the Princess, perceiving that she was out of favour, and aware of the hatred[272] felt for her by the Lady Anne, might be similarly tempted to make away with her while she was in Mrs. Shelton’s charge.
If Chapuys really used this language (and the account of it is his own), Henry VIII. was more forbearing than history has represented him. He turned the subject, and complained, as Norfolk had done, of the Emperor’s ingratitude. Chapuys said he had nothing to fear from the Emperor, unless he gave occasion for it. He smiled sardonically, and replied that, if he had been vindictive, there had been occasions when he could have revenged himself. It was enough, however, if the world knew how injured he had been. He then closed the conversation, dismissed his visitor, and told him he must be satisfied with the patience with which he had been heard.[273]
The Bill for the settlement of the crown was thus discussed without Chapuys’s assistance. The terms of it and the reasons for it are familiar to all readers of English history. The King’s efforts to obtain an heir male had, so far, only complicated an already dangerous problem. Though the marriage with Catherine had been set aside in an English court, the right of such a Court to pronounce upon it was not yet familiar to the nation generally. The Pope had given an opposite sentence: many of the peers and commons, the Duke of Norfolk among them, though reconciled to the divorce, had not yet made up their minds to schism;[274] and Mary had still many friends who were otherwise loyal to her father. But, after the experience of the last century, Englishmen of all persuasions were frightened at the prospect of a disputed succession, which only a peremptory Act of Parliament could effectively dispose of. The Bill, therefore, passed at last with little opposition. Cranmer’s judgment was confirmed as against the Pope’s. The marriage with Catherine was declared null, the marriage with Anne valid, and Anne’s children the lawful heirs of the crown. The Act alone was not enough. The disclosures brought to light in the affair of the Nun of Kent, the disaffection then revealed, and the rank of the persons implicated in it, necessitated further precautions. Any doubt which might have existed on the extent and character of the conspiracy is removed for ever by the Spanish Ambassador’s letters. The Pope was threatening to absolve English subjects from their allegiance; how far he might be able to influence their minds had as yet to be seen; a Commission, therefore, was appointed to require and receive the oaths of all persons whom there was reason to suspect, that they would maintain the succession as determined in the Act.
The sentence from Rome had not arrived when the Bill became law, and no action was taken upon it till the terms in which Clement had spoken were specifically known. Catherine, however, seemed to think that the further she could provoke Henry to harsh measures, the nearer would be her own deliverance. She had always persuaded herself that judgment once given at Rome for her, the King would yield. The Act of Succession was thus specially galling, and with the same violent unwisdom which she had shown from the first, and against the direct advice of Chapuys, she had decided that the time was come for Mary “to show her teeth to the King.”[275]
It was not for her to expose her daughter to perils which she professed to believe were threatening the lives of both of them. But Mary obeyed her but too well. While the Succession Bill was before the two Houses, Anne, probably at Henry’s instance, went to Hatfield to invite her to receive her as Queen, promising, if she complied, that she should be treated better than she had ever been. Mary’s answer was that she knew no Queen but her mother; if the King’s mistress, so she designated Anne, would intercede with her father for her she would be grateful. The Lady, Chapuys heard, had said in a rage that she would put down that proud Spanish blood and do her worst with her. Nor was this all. The determined girl refused to be included in Elizabeth’s household, or pay her the respect attaching to her birth. Elizabeth soon after being removed from Hatfield to the More, Mary declined to go with her, and obliged the gentlemen in attendance to place her by force in Mrs. Shelton’s litter. The Ambassador felt the folly of such ineffectual resistance. Never, he said, would he have advised her to run such a risk of exasperating the King, while the Lady Anne was never ceasing day or night to injure her. His own advice had been that when violence was threatened she should yield; but he had been overruled by Catherine.[276]
Chapuys’s intercourse with the Court was now restricted. He was received when he applied for a formal interview; but for his information on what was passing there, he was left to secret friends or to his diplomatic colleagues. He asked the French Ambassador how the King took the Pope’s sentence. The ambassador said the King did not care in the least, which Chapuys was unable to believe. The action of the Parliament alarmed and shocked him. Among the hardest blows was the taking from the Bishops the powers of punishing heretics—a violation, as it appeared to him, of common right and the constitution of the realm. The sharp treatment of Bishop Nixe he regarded as an outrage and a crime. The Easter preachers were ordered to denounce the Pope in their sermons. Chapuys shuddered at their language. “They surpassed themselves in the abominations which they uttered.” Worse than sermons followed. On the arrival of the “sentence,” the Commission began its work in requiring the oath to the Succession Act. Those whose names had been compromised in the revelation of the Nun were naturally the first to be put to the test. Fisher, who had been found guilty of misprision of treason, had so far been left unpunished. It is uncertain whether the Government was aware of his communications with Chapuys, but enough was known to justify suspicion. The oath was offered him. He refused to take it, and he was committed to the Tower in earnest. He had been sentenced to imprisonment before, but had been so far left at liberty. Sir Thomas More might have been let alone, for there was no fear that he would lend himself to active treason. He, too, however, was required to swear, and declined, and followed Fisher to the same place. The Pope had declared war against the King, and his adherents had become the King’s enemies. Chapuys himself was suspected. His encouragement of disaffection could not have been wholly concealed. He believed that his despatches had been opened in Calais, and that Cromwell had read them. There had been a Scotch war. As the Emperor was disinclined to stir, Chapuys had looked on James as a possibly useful instrument in disturbing Henry’s peace. A Scottish Commission was in London to arrange a treaty, “as they had found England too strong for them alone.” The Ambassador, more eager than ever, tried his best to dissuade the Chief Commissioner from agreeing to terms, pointing out the condition of the kingdom and the advantage to Scotland in joining in an attack on the King. The Scotchman listened, and promised to be secret. Chapuys assured him of the Emperor’s gratitude,[277] and, though the treaty was concluded, he consoled the Ambassador by saying “that the peace would not prevent his master from waging war on the English. Pleas in plenty could easily be found.”[278]
Ireland was a yet more promising field of operations. On the first rumour of the divorce the Earl of Desmond had offered his services to the Emperor. Chapuys discovered a more promising champion of the Church in Lord Thomas Fitzgerald, whom he described as “a youth of high promise.” If the Pope would send the censures to Dublin, he undertook that Lord Thomas would publish them, and would be found a useful friend.
Again, in spite of refusal, he urged the Emperor to take action himself. Harm, he said, would befall the Queen and Princess, if there was longer delay; Mrs. Shelton had told Mary that she would lose her head if she persisted in disobedience; the people loved them well, but were afraid to move without support. The Lutherans were increasing, and would soon be dangerously strong. The present was the time to act. The King thought he could hold the recusants down by obliging them to swear to his statute; but if the chance was allowed, they would show their real minds.[279]
One difficulty remained in the way of action. The Pope, though he had given judgment, had not yet called in the secular arm which was supposed to be necessary as a preliminary, and all parties, save Catherine and her passionate advisers, were unwilling that a step should be taken from which there would be no returning. The Emperor did not wish it. Francis, irritated at the refusal to listen to Du Bellay, told the Pope that he was throwing England away. “The Pope,” wrote the Cardinal of Jaen to Secretary Covos, “is restive. If we push him too hard he may go over to the enemy.”[280] Charles ordered Cifuentes to keep strictly to his instructions. The evident hesitation amused and encouraged the English Cabinet. “Which Pope do you mean?” said the Duke of Norfolk to the Scotch Ambassador, who had spoken of Clement as an arbiter on some point in dispute, “the Pope of Rome or the Pope of Lambeth?” Henry, finding Francis had not wholly deserted him, “praised God” at a public dinner for having given him so good a brother in the King of France.