Rome was dealt with in the same unsparing fashion. The parliament forbade by statute any further appeals to the papal court; and on a petition from the clergy in convocation the houses granted power to the King to suspend the payments of first-fruits, or the year's revenue which each bishop paid to Rome on his election to a see. All judicial, all financial connection with the papacy was broken by these two measures. The last, indeed, was as yet but a menace which Henry might use in his negotiations with Clement. The hope which had been entertained of aid from Charles was now abandoned; and the overthrow of Norfolk and his policy of alliance with the Empire was seen at the midsummer of 1532 in the conclusion of a league with France. Cromwell had fallen back on Wolsey's system; and the divorce was now to be looked for from the united pressure of the French and English kings on the papal court.
But the pressure was as unsuccessful as before. In November Clement threatened the King with excommunication if he did not restore Catherine to her place as queen and abstain from all intercourse with Anne Boleyn till the case was tried. But Henry still refused to submit to the judgment of any court outside his realm; and the Pope, ready as he was with evasion and delay, dared not alienate Charles by consenting to a trial within it. The lavish pledges which Francis had given in an interview during the preceding summer may have aided to spur the King to a decisive step which closed the long debate. At the opening of 1533 Henry was privately married to Anne Boleyn. The match, however, was carefully kept secret while the papal sanction was being gained for the appointment of Cranmer to the see of Canterbury, which had become vacant by Archbishop Warham's death in the preceding year. But Cranmer's consecration at the close of March was the signal for more open action, and Cromwell's policy was at last brought fairly into play.
The new primate at once laid the question of the King's marriage before the two houses of convocation, and both voted that the license of Pope Julius had been beyond the papal powers and that the marriage which it authorized was void. In May the King's suit was brought before the Archbishop in his court at Dunstable; his judgment annulled the marriage with Catherine as void from the beginning, and pronounced the marriage with Anne Boleyn, which her pregnancy had forced Henry to reveal, a lawful marriage. A week later the hand of Cranmer placed upon Anne's brow the crown which she had coveted so long.
"There was much murmuring" at measures such as these. Many thought "that the Bishop of Rome would curse all Englishmen, and that the Emperor and he would destroy all the people." Fears of the overthrow of religion told on the clergy; the merchants dreaded an interruption of the trade with Flanders, Italy, and Spain. But Charles, though still loyal to his aunt's cause, had no mind to incur risks for her; and Clement, though he annulled Cranmer's proceedings, hesitated as yet to take sterner action. Henry, on the other hand, conscious that the die was thrown, moved rapidly forward in the path that Cromwell had opened. The Pope's reversal of the primate's judgment was answered by an appeal to a general council. The decision of the cardinals to whom the case was referred in the spring of 1534, a decision which asserted the lawfulness of Catherine's marriage, was met by the enforcement of the long-suspended statute forbidding the payment of first-fruits to the Pope.
Though the King was still firm in his resistance to Lutheran opinions, and at this moment endeavored to prevent by statute the importation of Lutheran books, the less scrupulous hand of his minister was seen already striving to find a counterpoise to the hostility of the Emperor in an alliance with the Lutheran princes of North Germany. Cromwell was now fast rising to a power which rivalled Wolsey's. His elevation to the post of lord privy seal placed him on a level with the great nobles of the council board; and Norfolk, constant in his hopes of reconciliation with Charles and the papacy, saw his plans set aside for the wider and more daring projects of "the black-smith's son." Cromwell still clung to the political engine whose powers he had turned to the service of the Crown. The parliament which had been summoned at Wolsey's fall met steadily year after year; and measure after measure had shown its accordance with the royal will in the strife with Rome.
It was now called to deal a final blow. Step by step the ground had been cleared for the great statute by which the new character of the English Church was defined in the session of 1534. By the Act of Supremacy authority in all matters ecclesiastical was vested solely in the Crown. The courts spiritual became as thoroughly the king's courts as the temporal courts at Westminster. The statute ordered that the King "shall be taken, accepted, and reputed the only supreme head on earth of the Church of England, and shall have and enjoy, annexed and united to the imperial crown of this realm, as well the title and state thereof as all the honors, jurisdictions, authorities, immunities, profits, and commodities to the said dignity belonging, with full power to visit, repress, redress, reform, and amend all such errors, heresies, abuses, contempts, and enormities which by any manner of spiritual authority or jurisdiction might or may lawfully be reformed."
The full import of the Act of Supremacy was only seen in the following year. At the opening of 1535 Henry formally took the title of "on earth Supreme Head of the Church of England," and some months later Cromwell was raised to the post of vicar-general, or vicegerent of the King in all matters ecclesiastical. His title, like his office, recalled the system of Wolsey. It was not only as legate, but in later years as vicar-general, of the Pope, that Wolsey had brought all spiritual causes in England to an English court. The supreme ecclesiastical jurisdiction in the realm passed into the hands of a minister who as chancellor already exercised its supreme civil jurisdiction. The papal power had therefore long seemed transferred to the crown before the legislative measures which followed the divorce actually transferred it.
It was in fact the system of Catholicism itself that trained men to look without surprise on the concentration of all spiritual and secular authority in Cromwell. Successor to Wolsey as keeper of the great seal, it seemed natural enough that Cromwell should succeed him also as vicar-general of the Church, and that the union of the two powers should be restored in the hands of a minister of the King. But the mere fact that these powers were united in the hands, not of a priest, but of a layman, showed the new drift of the royal policy. The Church was no longer to be brought indirectly under the royal power; in the policy of Cromwell it was to be openly laid prostrate at the foot of the throne.
And this policy his position enabled him to carry out with a terrible thoroughness. One great step toward its realization had already been taken in the statute which annihilated the free legislative powers of the convocations of the clergy. Another followed in an act which, under the pretext of restoring the free election of bishops, turned every prelate into a nominee of the King. The election of bishops by the chapters of their cathedral churches had long become formal, and their appointment had since the time of the Edwards been practically made by the papacy on the nomination of the crown. The privilege of free election was now with bitter irony restored to the chapters, but they were compelled on pain of præmunire to choose whatever candidate was recommended by the king. This strange expedient has lasted till the present time, though its character has wholly changed with the development of constitutional rule.
The nomination of bishops has ever since the accession of the Georges passed from the king in person to the minister, who represents the will of the people. Practically, therefore, an English prelate, alone among all the prelates of the world, is now raised to his episcopal throne by the same popular election which raised Ambrose to his episcopal chair at Milan. But at the moment of the change Cromwell's measure reduced the English bishops to absolute dependence on the crown. Their dependence would have been complete had his policy been thoroughly carried out, and the royal power of deposition put in force, as well as that of appointment. As it was, Henry could warn the Archbishop of Dublin that, if he persevered in his "proud folly, we be able to remove you again and to put another man of more virtue and honesty in your place." By the more ardent partisans of the Reformation this dependence of the bishops on the crown was fully recognized. On the death of Henry VIII Cranmer took out a new commission from Edward for the exercise of his office. Latimer, when the royal policy clashed with his belief, felt bound to resign the see of Worcester. If the power of deposition was quietly abandoned by Elizabeth, the abandonment was due, not so much to any deference for the religious instincts of the nation as to the fact that the steady servility of the bishops rendered its exercise unnecessary.