So Wolsey faced the future; he put his aspirations on a lower level, and wished only to garner certainly some of the fruits of his life-long labour. He told the French ambassador, Du Bellay, "that if God permitted him to see the hatred of these two nations (France and England) extinguished, and firm amity established, as he hopes it will shortly be, with a reform of the laws and customs of the country, such as he would effect if peace were made, and the succession of the kingdom assured, especially if this marriage took place, and an heir male were born of it, he would at once retire, and serve God for the rest of his life; and that, without any doubt, on the first honourable occasion he could find, he would give up politics." Doubtless Wolsey was genuine in these utterances, and felt that he was resigning much when he reduced his designs within the limits which he here set forth. But limited as they were, they still contained an entire scheme for the reconstruction of English politics. Wolsey's plans remained complete, however much he might be willing to reduce them; he was incapable of being a mere attendant upon chance.

For the present he was awaiting with growing anxiety the coming of Cardinal Campeggio, which was delayed, according to the Pope's policy of procrastination. First the cardinal had to contend against the difficulties created by the disorderly state of Italy; then he was delayed by an attack of the gout, which made his movements slow; and he did not reach London till 8th October. When he came he was not prepared to act at once, nor did he treat Wolsey as an equal but rather as a subordinate in the work of the commission. In fact, Campeggio behaved as judge, and Wolsey as the king's advocate. Campeggio's instructions were first to try and persuade the king to lay aside his purpose of a divorce. He soon saw that this was useless, and Wolsey plainly warned him with prophetic instinct. "Most reverend lord, beware lest, in like manner as the greater part of Germany, owing to the harshness and severity of a certain cardinal, has become estranged from the Apostolic See and the faith, it should be said that another cardinal has given the same occasion to England, with the same result."

Failing to shake the king's determination, the next course which Campeggio was ordered to pursue was to persuade the queen to comply with the king's wishes. Katharine was still treated with outward respect, but was cut off from all friends and advisers, and subjected to a secret and galling persecution. Still she maintained a resolute spirit, and withstood the pleadings of Wolsey and Campeggio, who urged her to give way and withdraw to a monastery, for the quieting of the king's conscience. Katharine replied that there was nothing of which his conscience need be afraid, and that she intended "to live and die in the estate of matrimony to which God had called her." The obstinacy of Katharine was as invincible as the obstinacy of Henry; and Katharine had right on her side.

Nothing remained save for the legates to proceed to the trial of the case; and in the trial Campeggio's instructions bade him procrastinate to the utmost in hopes the king might give way before the long delay. Wolsey had foreseen this possibility when he demanded that Campeggio should bring with him a decretal defining the law as applicable to the case. This decretal Campeggio was instructed to show the king, but keep in his own hands, so that it was useless for Wolsey's purpose. His first object was to get hold of this decretal, and he wrote urgently to the Pope asking that it should be delivered into the king's hands, and shown to the Privy Council. "Without the Pope's compliance," he sadly wrote, "I cannot bear up against this storm." But Clement VII. felt that he was more dependent on Charles V. than on Henry VIII., and declared that he had granted the decretal merely to be shown to the king and then burned; he had never consented that it be shown to the king's counsellors. When he was further pressed he tossed his arms and said, with great agitation, "I do consider the ruin that hangs over me; I repent what I have done. If heresies arise, is it my fault? My conscience acquits me. None of you have any reason to complain. I have performed my promise, and the king and the cardinal have never asked anything in my power which I have not granted with the utmost readiness; but I will do no violence to my conscience. Let them, if they like, send the legate back again, on the pretext that he will not proceed in the cause, and then do as they please, provided they do not make me responsible for injustice."

Here the Pope touched upon a noticeable feature of the case. Henry was bound upon a course which was neither legally nor morally right, though national interests might to some degree be pleaded in its behalf. He was, however, resolved to be legally and morally justified in his own eyes and in the eyes of others. He would not content himself with setting aside the law, and leaving it to others to prove him in the wrong. The Papal Court was slow to justify him; it would have been slower to condemn him. Most men would have been satisfied with this knowledge, and would have acted upon it. But Henry was not only minded to do what he wished, but was resolved that what he wished should be declared absolutely right. He was determined that there should be no doubt about the legitimacy of his children by Anne Boleyn; and some recognition is due to him for not allowing his desires to overcome his patriotism, and leave to England the deplorable legacy of a disputed succession. As a man, Henry did not strive to subject his desires to the law of right; as a king, he was bent upon justifying his own caprice so that it should not do hurt to his royal office, or offend his duty to his kingdom. Henry sinned, but he was bent on sinning royally, and believed that so he could extenuate his sin.

Not only was Campeggio ordered not to part with the decretal, but he was bidden to destroy it. Meanwhile a new feature of the case emerged. It became known that, besides the bull of dispensation granted to Henry VII., an ampler brief had been issued in confirmation of it to Ferdinand of Spain, of which the original was contained in the Spanish archives. Henry VIII. insisted on its production, in the hopes of destroying it or casting doubts on its authenticity, and new negotiations were begun about this brief, which had the effect of wasting time and deferring the trial of the case. Further, on Clement VII.'s return to Rome in May he was attacked by illness, and his death was reported. Nothing could be done by the legates till they were assured of his recovery.

Meanwhile Henry was growing more and more impatient, and made it clear to Wolsey that if the proceedings did not lead to his divorce all the blame would be laid at Wolsey's door. Anne Boleyn also began to suspect Wolsey's good intentions towards herself, and thought that he was responsible for these repeated delays. Wolsey could no longer doubt that his all was staked on the issue of the trial, which at length began at Blackfriars on 18th June 1529. Katharine appeared, and protested against the jurisdiction of the court. For the purpose of deciding this point it was necessary that both parties should appear in person; and on 21st June Henry and Katharine both were present. The king demanded instant judgment for the easing of his conscience; Katharine first knelt before the king and asked for pity, then she appealed to Rome, where only the cause could be decided without partiality or suspicion. The legates overruled her appeal, and on her non-appearance declared her contumacious.

The summoning of the king and queen was merely a formal incident in the procedure of the court, but it strangely impressed itself upon men's minds. The king, whom they regarded as the fountain of law, was called to plead before one of his own subjects and a foreign priest. Apart from any thought of the question at issue, or its rights and wrongs, Englishmen marvelled at this indignity, and felt that ecclesiastical law was some foreign thing which they could not fathom. No doubt the impression then wrought upon their minds accounts in some measure for the acceptance of the royal supremacy, as being at least more intelligible than the actual working of the outworn theory of the supremacy of the Pope.

Moreover, the suppliant attitude of Katharine awakened a strong feeling of compassion, which on 28th June found expression from the upright Bishop of Rochester, John Fisher, who appeared to plead Katharine's cause, and declared himself ready to follow the example of John the Baptist and lay down his life, if need be, to maintain the sanctity of matrimony. Others followed his example, and the signs of some dislike to the king's proceedings amongst Englishmen encouraged Campeggio to fall back upon his policy of procrastination, which the impetuous zeal of Wolsey was striving to overcome.

Henry grew more and more angry at the signs of opposition to his will which met him on every side, and Wolsey had to bear the brunt of the royal wrath. Cavendish tells how one day Wolsey left the king's presence and took his barge. The Bishop of Carlisle, who was with him, remarked that the day was hot. "Yea," quoth my lord cardinal, "if ye had been as well chafed as I have been within this hour ye would say it was very hot." He went home "to his naked bed," where in two hours' time he was found by Lord Wiltshire, who brought a message from the king, bidding him and Campeggio "repair unto the queen at Bridewell, into her chamber, to persuade her by their wisdoms, advising her to surrender the whole matter unto the king's hands by her own will and consent, which should be much better to her honour than to stand to the trial of law and be condemned, which would seem much to her slander and defamation." Wolsey vainly complained of the folly of the lords of the Council in putting such fancies into the king's head: he was bound to rise and obey. Sadly he sought Campeggio, and with a sense of deep humiliation the two judges set out to make another attempt to browbeat an accused who had already refused to submit to their judicial authority.