The whole clergy was so far involved in Wolsey's guilt that it had supported his Legatine Powers, and so had shared in the violation of the statutes. It shows the English spirit of keeping to the strict letter of the law, that the King, though he had for years given his consent and help in all this, now came forward to avenge the violation of the law. To avert his displeasure the Convocation of Canterbury was forced to vote him a very considerable sum of money, yet even this did not satisfy him. Rather it seemed to him the fitting and decisive moment for forcing the clergy, conformably with the Address of the Commons, to accept the Anglican point of view. He demanded from Convocation the express acknowledgment that they recognised him as the Protector and the Supreme Head of the Church and Clergy of England; he commanded the judges not to issue the Act of Pardon unless this acknowledgment were at once incorporated with the bill for the money payment. It is not hard to see what made him choose this exact moment for so acting; it was the serious turn which the affair of his Divorce had taken at Rome. He had once more made application to the Curia to let it be decided in England; the Cardinals discussed the point in their Consistory, Dec. 22, 1530, but resolved that the question must come of right before the Assessors of the Rota, who should afterwards report on it to the Sacred College.[111] What their sentence would be was the less doubtful, since the Curia was now linked closer than ever with the Emperor, who had just closed the Diet of Augsburg in the way they wished, and was now about to carry out its decrees. The traces of a new alliance with Rome, which was imputed to Wolsey as an act of treason, must have contributed to the same result. The King wished to break off this connexion by a Declaration, which would serve him as a standing-ground later on, and show the Court of Rome that he had nothing to fear from it. On Feb. 7, 1531, the King's demand was laid before both Houses of Convocation. Who could avoid seeing its decisive significance for the age? The clergy, which had without much trouble agreed to the money-vote, nevertheless strove long against a Declaration which altered their whole position. But a hard necessity lay on them. In default of the Pardon, which, as the judges repeatedly assured them, depended on this Declaration, they would have found themselves out of the protection of the King and the Law. They sent two bishops, to get the King's demand softened by a personal appeal; Henry VIII refused to hear them. They proposed that some members of both Houses should confer with the Privy Council and the judges; the answer was that the King wished for no discussion, he wanted a clear answer. Thus much however they ascertained, that the King would be content with a mode of statement in which he was unconditionally recognised as the protector and sovereign of the Church and clergy of England, but as its supreme head only so far as religion allows. This was comprehended in the formula in so far as is permitted by the law of Christ, an expression which men might assent to on opposite grounds. Some might accept it from seeing in it only the limitation which is set to all power by the laws of God; others from thinking that it excluded generally the influence of the secular power on what were properly spiritual matters. When the clause was laid before them, at the morning sitting of Feb. 11, it was received with an ambiguous silence; but on closer consideration, it was so evidently their only possible resource, that in the afternoon, first the Upper House of Convocation, and then the Lower, gave their consent. Then the King accepted the money-bill, and granted them in return the Act of Pardon.[112]
The clergy had yet other causes for seeking the King's protection. The writings of the Reformers, which attacked good works and vows, the Mass and the Priesthood, and all the principles on which the ecclesiastical system rested, found their way across the Channel, and filled men's minds in England also with similar convictions. The only safeguard against them lay in the King's power; his protection was no empty word, the clergy was lost if it drew on itself Henry's aversion, which was now directed against the Papal See.
The heavy weight of the King's hand and the impulse of self-preservation were however not the only reasons why they yielded. It is undeniable that the conception of the Universal Church, according to which the National Church did but form part of a larger whole, was nearly as much lost among the clergy as among the laity. In the Parliament of 1532 Convocation had presented a petition in which they desired to be released from the payments which had been hitherto made to the supreme spiritual authority, especially the annates and first-fruits. The National Church was the existing, immediate authority—why should they allow taxes to be laid on them for a distant Power, a Power moreover of which they had no need? As the bishops complained that this injured their families and their benefices, Parliament calculated the sums which Rome had drawn out of the country on this ground since Henry VII's time, and which it would soon draw at the impending vacancies; what losses the country had already suffered in this way, and would yet suffer.[113]
The tendency of men's minds in this direction showed itself also in the understanding come to on the chief question of all.
Parliament renewed its complaints of the abuses in the ecclesiastical legislation, and learned men brought out clearly the want of any divine authority to justify it; at last the bishops virtually renounced their right of special legislation, and pledged themselves for the future not to issue any kind of Ordinance or Constitution without the King's knowledge and consent. A revision of the existing canons by a mixed commission, under the presidentship of their common head, the King, was to restore the unity of legislation.
The clause was then necessarily omitted by which the recognition of the Crown's supremacy over the clergy had been hitherto limited. The defenders of the secular power put forth the largest claims. They said, the King has also the charge of his subjects' souls, the Parliament is divinely empowered to make ordinances concerning them also.[114]
So a consolidation of public authority grew up in England, unlike anything which had yet been seen in the West. One of the great statutes that followed begins with the preamble that England is a realm to which the Almighty has given all fulness of power, under one supreme head, the King, to whom the body politic has to pay natural obedience, next after God; that this body consists of clergy and laity; to the first belongs the decision in questions of the divine law and things spiritual, while temporal affairs devolve on the laity; that one jurisdiction aids the other for the due administration of justice, no foreign intervention is needed. This is the Act by which, for these very reasons, legal appeals to Rome were abolished. It was now possible to carry out what in previous centuries had been attempted in vain. All encroachments on the prerogative of the 'Imperial Crown' were to be abolished, the supreme jurisdiction of the Roman Curia was to be valid no longer; appeals to Rome were not only forbidden but subjected to penalties.
The several powers of the realm united to throw off the foreign authority which had hitherto influenced them, and which limited the national independence, as being itself a higher power.
As the oaths taken by the bishops were altered to suit these statutes, the King set himself to modify his coronation oath also in the same sense. He would not swear any longer to uphold the rights of the Church in general, but only those guaranteed to the Church of England, and not derogatory to his own dignity and jurisdiction; he did not pledge himself to maintain the peace of the Church absolutely, but only the concord between the clergy and his lay subjects according to his conscience; not, unconditionally, to maintain the laws and customs of the land, but only those that did not conflict with his crown and imperial duties. He promised favour only for the cases in which favour ought to find a place.[115]
How predominant is the strong feeling of aggrandisement, of personal right, and of kingly independence!