Charles V. was then at Brussels, occupied in ceding the empire of Germany to his brother Ferdinand, King of Hungary and Bohemia, and in making over the crown of Spain and the countship of Flanders to his son. This policy was useful to Charles V., as it threw the weight of the embarrassment on Philip, who had just arrived from England to receive his father's instructions how to govern Spain. The circumstances in which they found themselves required the greatest prudence, for they not only had to fear the abuse which the Pope might make of his apostolical and temporal power, but also the consequences of the alliances which his holiness had just signed with the King of France.

Besides the Council of State (which Charles and Philip always consulted before they decided on any subject) they deemed it necessary to have judgments of conscience, to balance the authority of the supreme head of the Catholic Church. On the 15th of November, 1555, the famous consultation of Brother Melchior Cano was framed at Valladolid, which was published at Madrid in 1809, in my collection of different papers, ancient and modern, on matrimonial dispensations, and other ecclesiastical dispensations. The decision of Cano was, that in all similar cases the only and proper remedy is not only to deprive the temporal sovereign of Rome of the power of injuring, but to reduce him to the necessity of accepting reasonable terms, and of acting with more prudence in future. Other theologians decided that the concessions made by the Court of Rome were irrevocable, and had the force of a true contract passed for the benefit of an empire or kingdom.

The Pope, informed of these decisions, commanded the inquisitor-general to punish the authors of it; he was supported by most of the prelates of the kingdom, at the head of whom was the Cardinal Siliceo, Archbishop of Toledo, who had been the king's preceptor. Philip, who had been King of Spain from January, 1556, wrote from London, in the month of July following, the letter to his sister, the governess of the kingdom, which I have inserted in my diplomatic collection. It is as follows:—

"Since I informed you of the conduct of the Pope, and of the news received from Rome, I have learnt that his holiness proposes to excommunicate the emperor and me, to put my states under an interdict, and to prohibit the divine service. Having consulted learned men on this subject, it appears that it is not only an abuse of the power of the sovereign pontiff, founded only on the hatred and passion, which, certainly, has not been provoked by our conduct, but that we are not obliged to submit to what he has ordained in respect to our persons, on account of the great scandal which would be caused by our confessing ourselves guilty, since we are not so, and the great sin which we should commit in so doing. In consequence, it has been decided, that if I am interdicted from certain things, I am not obliged to deprive myself of them, as those do who are excommunicated, although a censure may be sent to me from Rome, according to the disposition of his holiness. For after having destroyed the sects in England, brought this country under the influence of the church, pursued and punished the heretics without ceasing, and obtained a success which has always been constant, I see that his holiness evidently wishes to ruin my kingdom, without considering what he owes to his dignity; and I have no doubt that he would succeed if we consented to his demands, since he has already revoked all the legations which Cardinal Pole received for this kingdom, and which had produced so much benefit. These reasons, other important considerations, the necessity of preparing for all events, and of protecting our people from being surprised, have induced us to draw up, in the name of his majesty, and in our own, an act of recusation in form, of which I intended to send you a copy; but as this piece is very long, and the courier is setting out for France, it could not be done, and I will send it by the courier going by sea, who will soon set out. When you receive it, you must write to the prelates, the grandees, to the cities, universities, and the heads of orders, and inform them of all that has passed: you must direct them to look upon the censures and interdict sent from Rome as non-existent, because they are null, unjust, and without foundation, for I have taken counsel on what is permitted in these circumstances. If any act of the Pope should arrive in the interim, it will be sufficient to prevent it from being received, accepted, or executed; but to preclude the necessity of coming to this extremity, you must cause the frontiers to be strictly guarded, as we have done in England, that none of these pieces should be notified or delivered, and punish very severely any person who shall dare to distribute them, because it is not to be permitted that we should continue to dissimulate. If it is impossible to prevent their introduction, and if any one attempts to put them in force, you must oppose their execution, as we have powerful motives for this command; and this prohibition must extend to the kingdom of Aragon, to which you must write if it is necessary. It has been since known, that in the bull published on Holy Thursday, the Pope has excommunicated all those who have taken or shall take the property of the church, whether they are kings or emperors, and that on Good Friday, he commanded the prayer for his majesty to be omitted, although the Jews, Moors, heretics, and schismatics are prayed for on that day. This proves that the evil is becoming serious, and induces us to recommend more particularly the execution of the measures which we have prescribed, and of which we shall give an account to his majesty[15]."

Philip, for the time, prevented the inquisitor-general from trying any of those persons who had been marked as suspected of heresy, among whom were not only the theologians and canonists who had been consulted, but many counsellors of state who supported their opinion against Cardinal Siliceo and his adherents[16].

The Pope was obstinate in his resolutions; and deceived by the tranquillity which Philip suffered him to enjoy in Rome, he placed himself at the brink of the precipice. The Duke of Alva, who was viceroy of Naples (and whose character was at least as harsh as that of the Pope), in September 1556, left his government, and occupied the states of the holy see, even to the gates of Rome; and Paul IV., finding that the republic of Venice had deserted him, and being pressed by the cardinals and people, demanded an armistice, which was granted. Instead of taking advantage of this favour to make peace on reasonable terms, the Pope confirmed his alliance with Henry II., and raised a war between that monarch and the King of Spain, although Charles V. had, in 1555, signed a truce of five years with that prince. Henry, having lost the famous battle of St. Quentin, on the 10th of August, 1557, the Pope became so alarmed, that he demanded a peace at the time when the Duke of Alva was preparing to enter Rome at the head of his army. The viceroy renounced his design, but had the boldness to tell the Pope that he would not make peace until he had asked pardon of the king, his master, for having treated him with so little respect. This message increased the alarm of the old pontiff, who had recourse to the mediation of Venice. The Pope refused to negociate with the Duke of Alva, but said that he would consent to any proposal from the King of Spain, as he was persuaded that he would not impose any condition on him contrary to his honour, or to the dignity of the holy see.

The Duke of Alva wrote to Philip, to request that, in this instance, he would display the severity necessary to prevent new divisions. But this prince (who had signed on the 10th of July, 1556, the excellent letter already quoted) had no person in the following year to inspire him with sufficient energy to follow the advice of his viceroy. He wrote to command him to conclude a peace immediately, "as he would rather lose the privileges of his crown, than infringe those of the holy see in the slightest degree."

The Duke of Alva was extremely displeased at this resolution, but he immediately obeyed his master, and this singular peace was signed on the 14th of September, 1557, by the Duke of Alva, and Cardinal Carafa, nephew and plenipotentiary to the Pope. The envoy made no reparation to Philip II., and the following singular article is part of the treaty:—"His holiness will receive from the Catholic king, through his plenipotentiary, the Duke of Alva, all the necessary submissions to obtain the pardon of his offences, without prejudicing the engagement of the king to send an ambassador extraordinary for the particular object of the pardon which he demands, it being understood that his holiness will restore him to favour as a submissive son, and worthy to share the benefits which the holy see is accustomed to bestow on its children and the other Christian princes."

The haughty pontiff acknowledged that he had obtained more than he had hoped for, and to show his satisfaction, bestowed the highest honours on the Duke of Alva; he invited him to eat at his own table, and received him in the palace of the Vatican.

Gregorio Leti is right in attributing all the evils that have since arisen from the excessive authority which the priests have arrogated over laymen, to this conduct of Philip II. Paul IV. soon displayed his contempt for Philip II. and his father, since, in five months after the treaty, on the 13th of February, 1558, he addressed a brief to the inquisitor-general Valdés, in which he revived all the regulations of the councils and pontiffs against heretics and schismatics. He commanded him to prosecute them, and punish them according to the constitutions, and, above all, to deprive all such persons of their dignities and offices, whether they were bishops, archbishops, patriarchs, cardinals, or legates, barons, counts, marquisses, dukes, princes, kings, or emperors. Fortunately, neither Charles V. nor his son had embraced the opinions of Luther, yet it was certainly the intention of the Pope to subject them to the dispositions of his bull.