The Reign of Henry the Eighth, Volume 1 (of 3)

by James Anthony Froude

The act then assumed a general character, laying down a table of prohibited degrees, within which marriage might not under any pretence be in future contracted; and demanding that any marriage which might already exist within those degrees should be at once dissolved. After this provision, it again returned to the king, and fixed the order in which his children by Queen Anne were to succeed. The details of the regulations were minute and elaborate, and the rule to be observed was the same as that which exists at present. First, the sons were to succeed

with their heirs. If sons failed, then the daughters, with their heirs; and, in conclusion, it was resolved that any person who should maliciously do anything by writing, printing, or other external act or deed to the peril of the king, or to the prejudice of his marriage with Queen Anne, or to the derogation of the issue of that marriage, should be held guilty of high treason; and whoever should speak against that marriage, should be held guilty of misprision of treason—severe enactments, such as could not be justified at ordinary times, and such as, if the times had been ordinary, would not have been thought necessary—but the exigencies of the country could not tolerate an uncertainty of title in the heir to the crown; and the title could only be secured by prohibiting absolutely the discussion of dangerous questions.

The mere enactment of a statute, whatever penalties were attached to the violation of it, was still, however, an insufficient safeguard. The recent investigation had revealed a spirit of disloyalty, where such a spirit had not been expected. The deeper the inquiry had penetrated, the more clearly appeared tokens, if not of conspiracy, yet of excitement, of doubt, of agitation, of alienated feeling, if not of alienated act. All the symptoms were abroad which provide disaffection with its opportunity; and in the natural confusion which attended the revolt from the papacy, the obligations of duty, both political and religious, had become indefinite and contradictory, pointing in all directions, like the magnetic needle in a thunderstorm.

It was thought well, therefore, to vest a power in the crown, of trying the tempers of suspected persons, and examining them upon oath, as to their willingness to maintain the decision of parliament. This measure was a natural corollary of the statute, and depended for its justification on the extent of the danger to which the state was exposed. If a difference of opinion on the legitimacy of the king's children, or of the pope's power in England, was not dangerous, it was unjust to interfere with the natural liberty of speech or thought. If it was dangerous, and if the state had cause for supposing that opinions of the kind might spread in secret so long as no opportunity was offered for detecting their progress, to require the oath was a measure of reasonable self-defence, not permissible only, but in a high degree necessary and right.

Under the impression, then, that the circumstances of the country demanded extraordinary precautions, a commission was appointed, consisting of the Archbishop of Canterbury, the Lord

Chancellor, the Duke of Norfolk, and the Duke of Suffolk; and these four, or any three of them, were empowered to administer, at the pleasure of the king, "to all and singular liege subjects of the realm," the following oath:—

"Ye shall swear to bear your faith, truth, and obedience only to the King's Majesty, and to the heirs of his body, according to the limitation and rehearsal within the statute of succession; and not to any other within this realm, or foreign authority, prince, or potentate: and in case any oath be made or hath been made by you to any other person or persons, that then you do repute the same as vain and annihilate: and that to your cunning, wit, and utmost of your power, without guile, fraud, or other undue means, ye shall observe, keep, maintain, and defend this act above specified, and all the whole contents and effects thereof; and all other acts and statutes made since the beginning of this present parliament, in confirmation or for due execution of the same, or of anything therein contained. And thus ye shall do against all manner of persons, of what estate, dignity, degree, or condition soever they be; and in no wise do or attempt, or to your power suffer to be done or attempted, directly or indirectly, any thing or things, privily or apertly, to the let, hindrance, damage, or derogation thereof, by any manner of means, or for any pretence or cause, so help you God and all saints."[⁷⁰²]

With this last resolution the House rose, having sat seventy-five days, and despatched their business swiftly. A week later, the news arrived from Rome that there too all was at length over; that the cause was decided, and decided against the king. The history of the closing catastrophe is as obscure as it is strange, and the account of the manner in which it was brought about is unfortunately incomplete in many important particulars. The outline only can be apprehended, and that very imperfectly.

On the receipt in Paris of the letter in which Henry threatened to organise a Protestant confederacy, Du Bellay, in genuine anxiety for the welfare of Christendom, had volunteered his services for a final effort. Not a moment was to be lost, for the courts of Rome were already busy with the great cause; but the king's evident reluctance to break with the Catholic powers, gave room for hope that something might still be done; and going in person to England, the bishop had induced Henry, at the last extremity, either to entrust him with representative powers, or else to allow him after all to make some kind of concession. I am unable to learn the extent to which Henry yielded, but that an offer was made of some kind is evident from the form of the story.[⁷⁰³] The winter was very cold, but the bishop made his way to Rome with the haste of good will, and arrived in time to stay judgment, which was on the point of being pronounced. It seemed, for the moment, as if he would succeed. He was permitted to make engagements on the part of Henry; and that time might be allowed for communication with England, the pope agreed to delay sentence till the 23rd of March. This bishop's terms were approved by the king, and a courier was sent off with letters of confirmation; Sir Edward Karne and Dr. Revett following leisurely, with a more ample commission. The stone which had been laboriously rolled to the summit of the hill was trembling on the brink, and in a moment might rebound into the plain.