Mary, beyond measure afflicted, wrote to Pole at last, asking what in his opinion she ought to do. He sent his answer through a priest, by whom it could be conveyed with the greatest emphasis. First, he said, she must pray to God for a spirit of counsel and fortitude: next, she must, at all hazards, relinquish the name of Head of the Church; and, since she could trust neither peer nor prelate, she must recall parliament, go in person to the House of Commons, and demand permission with her own mouth for himself to return to England. The holy see was represented in his person, and was freshly insulted in the refusal to receive him; the pope's vast clemency had volunteered unasked to pardon the crimes of England; if the gracious offer was not accepted, the legacy would be cancelled, the national guilt would be infinitely enhanced. The emperor talked of prudence; in the service of God prudence was madness; and, so long as the schism continued, her attempts at reform were vanity, and her seat upon the throne was usurpation. Let her tell the truth to the House of Commons, and the House of Commons would hear.[186]
"Your majesty will see," wrote Renard, enclosing to Charles a copy of these advices, "the extent of the cardinal's discretion, and how necessary it is that for the present he be kept at a distance." The pope was not likely to reject the submission of England at any moment, late or early, when England might be pleased to offer it, and could well afford to wait. Julius was wiser than his legate. Pole was not recalled, but exhorted to patience, and a letter or message from Rome cooled Mary's anxieties. Meanwhile the marriage was to be expedited with as much speed as possible; the longer the agitation continued, the greater the danger; while the winter was unfavourable to revolutionary movements, and armed resistance to the prince's landing would be unlikely so long as the season prevented large bodies of men from keeping the field.[187]
The emperor, therefore, in the beginning of December, sent over the draft of a marriage treaty; and if the security that the articles would be observed had equalled the form in which they were conceived, the English might have afforded to lay aside their alarms. Charles seemed to have anticipated almost every point on which the insular jealousy would be sensitive. The Prince of Spain should bear the title of King of England so long, but so long only as the queen should be alive; and the queen should retain the disposal of all affairs in the realm, and the administration of the revenues. The queen, in return, should share Philip's titles, present and prospective, with the large settlement of £60,000 a year upon her for her life. Don Carlos, the prince's child by his first wife, would, if he lived, inherit Spain, Sicily, the Italian provinces, and the Indies. But Burgundy and the Low Countries should be settled on the offspring of the English marriage, and be annexed to the English crown; and this prospect, splendid in itself, was made more magnificent by the possibility that Don Carlos might die. Under all contingencies, the laws and liberties of the several countries should be held inviolate and inviolable.
In such a treaty the emperor conferred everything, and in return received nothing; and yet, to gain the alliance, a negotiation already commenced for the hand of the Infanta of Portugal was relinquished. The liberality of the proposals was suspicious, but they were submitted to the council, who, unable to refuse to consider them, were obliged to admit that they were reasonable. Five additional clauses were added, however, to which it was insisted that Philip should swear before the contract should be completed—
1. That no foreigner, under any circumstances, should be admitted to any office in the royal household, in the army, the forts, or the fleet.
2. That the queen should not be taken abroad without her own consent; and that the children—should children be born—should not be carried out of England without consent of parliament, even though among them might be the heir of the Spanish empire.
3. Should the queen die childless, the prince's connection with the realm should be at an end.
4. The jewel-house and treasury should be wholly under English control, and the ships of war should not be removed into a foreign port.
5. The prince should maintain the existing treaties between England and France; and England should not be involved, directly or indirectly, in the war between France and the empire.[188]
These demands were transmitted to Brussels, where they were accepted without difficulty, and further objection could not be ventured unless constraint was laid upon the queen. The sketch of the treaty, with the conditions attached to it, was submitted to such of the Lords and Commons as remained in London after the dissolution of parliament, and the result was a sullen acquiescence.