was enough to break the machinery at the point where the

Though it would seem that doubts had long since arisen in Henry's mind regarding the lawfulness of his marriage to his deceased brother's wife, and that questions of policy may have influenced the attitude of his advisers towards the projected separation, yet it is certain that it was the charms of the young and accomplished Anne Boleyn, that brought matters to a crisis. With her experience of the gay and corrupt court of France, she was not likely to be mistaken about the influence of her charms or the violence of the king's passion. She would be the king's wife if he wished; but she would not be, like her sister, the king's mistress. Overcome by the force of his desires, he determined to rid himself of a wife of whom he was tired, in favour of her young and more attractive rival. The fact that Catharine had been married to his brother Arthur was seized upon by him to furnish a decent pretext for the projected separation. His conscience, he averred, reproached him for such an incestuous alliance, and for his own peace of mind it was necessary, he maintained, to submit the validity of his marriage to the decision of the Church.

There is no convincing evidence that the idea of a separation from Catharine originated with Cardinal Wolsey, though the latter, longing for a matrimonial alliance of his king with a French princess, and not aware of Henry's intention with regard to Anne, was probably not sorry when he learned of Henry's scruples; and it is not true to say that the first doubts regarding the illegitimacy of the Princess Mary were raised by the French Ambassador in 1527. The whole story of the negotiations with France regarding Mary's marriage at the time, makes it perfectly clear that her legitimacy was assumed. The divorce proceedings originated in Henry's own mind, and the plan of marrying Anne Boleyn was kept a secret from Wolsey and from most of the royal advisers. When exactly the question of a separation from Catharine was first mooted is uncertain; but there can be no doubt that early in 1527 active steps were taken to secure a condemnation of the marriage. Wolsey entered warmly into the project, but most of the bishops whom he consulted were not anxious to assist him; and what was still more serious Fisher, the learned and saintly Bishop of Rochester, declared himself from the beginning a determined opponent. The capture of Rome by imperial troops (1527) made it imperative that the terms of the French alliance should be completed at once, and Cardinal Wolsey set out for Paris as the representative of England. While Wolsey was absent in France arranging the terms of the alliance, Anne Boleyn took occasion to warn Henry that his great minister was unreliable, that in his heart he was opposed to the separation, and that without his knowledge or consent negotiations should be opened directly with the Roman court. An agent was dispatched to Rome and succeeded in securing an interview with Clement VII., after the latter had made his escape from Rome to Orvieto (December 1527). It was contended on behalf of the king that the dispensation granted by Julius II. was null and void. In proof of this it was contended: that in the Bull it had been stated that Henry desired to marry Catharine, and that the marriage was necessary for preserving peace between England and Spain, both of which statements, it was alleged, were false; that at the time the disposition was granted Henry was only twelve years of age and therefore incapable of accepting it; that several persons mentioned in the Bull, as for example, Queen Isabella and Henry VII., had died before the marriage took place; and lastly that when Henry reached the age of puberty he had protested against the marriage, thereby renouncing for himself the favours granted in the Bull of dispensation.[5] Later on it was contended, by those who favoured the separation, that the dispensation was issued by the Pope on the supposition that the marriage between Arthur and Catharine had not been consummated, and that therefore, since this condition was not verified, the dispensation was invalid. But here they were faced with the difficulty that the great weight of evidence favoured the view that the marriage had not been consummated; that in any case the dispensation was ample enough to cover both the impediment of affinity and public honesty; and that, whatever might be said against the Bull of dispensation, no such objection could be urged against the brief said to have been forwarded by the Pope to the court of Spain.[6] As the English agents had been instructed to seek not merely the appointment of a commission to declare the invalidity of the dispensation, and consequently of the marriage, but also for a dispensation which would permit the king to marry a woman related to him in the first degree of affinity, whether the affinity had been contracted by a lawful or unlawful connexion, it was thought prudent not to lay stress on the argument that marriage with the deceased brother's wife was prohibited by the divine law, and that, therefore, the Pope could not grant a dispensation such as had been issued by Julius II. At a later date great stress was laid upon this argument.

Clement VII., while not unwilling to grant the dispensation requested,[7] did not think it consistent with his own honour or that of the king, to grant the commission according to the terms drawn up for him in England. A new embassy, consisting of Edward Foxe, and Dr. Stephen Gardiner, Wolsey's secretary, was dispatched, and arrived at Orvieto in March 1528. The victorious progress of the French armies in Italy (1527-28), by relieving Clement VII. from the pressure of the imperial party, favoured the petition of Henry VIII. Arguments drawn from canon law and from theology were driven home by Gardiner with a fluency and wealth of knowledge that astonished the papal advisers, and when arguments failed, recourse was had to threats of an appeal to a general council, and of the complete separation of England from the Holy See. The decretal commission demanded by the English ambassadors was, however, refused; but, in its place, a decree was issued empowering Cardinal Wolsey and Cardinal Campeggio to try the case in England and to pronounce a verdict in accordance with the evidence submitted to them. As this fell very far short of what had been demanded by the English envoys, new demands were made for a more ample authority for the commission, and in view of the danger that threatened the Catholic Church in England, Clement VII. yielded so far as to promise that he would not revoke the jurisdiction of those whom he had entrusted with the trial of the case (July 1528).[8]

Meanwhile news of what was in contemplation was noised abroad. Many of the English merchants, fearing that hostility to the empire would lead to an interruption of their trade especially with the Netherlands, detested the new foreign policy of the king, while the great body of the people were so strongly on the side of Catharine that were a verdict to be given against her a popular rebellion seemed inevitable. So pronounced was this feeling even in the city of London itself, that Henry felt it necessary to summon the Lord Mayor and the Corporation to the royal palace, where he addressed them on the question that was then uppermost in men's minds. He spoke of Catharine in terms of the highest praise, assured them that the separation proceedings were begun, not because he was anxious to rid himself of a wife whom he still loved, but because his conscience was troubled with scruples regarding the validity of his marriage, and that the safety of the kingdom was endangered by doubts which had been raised by the French ambassador regarding the legitimacy of Princess Mary. To put an end to these doubts, and to save the country from the horror of a disputed succession, the Pope had appointed a commission to examine the validity of the marriage; and to the judgment of that commission whatever it might be he was prepared to yield a ready submission. He warned his hearers, however, that if any person failed to speak of him otherwise than became a loyal subject towards his sovereign condign punishment would await him. To give effect to these words a search was made for arms in the city, and strangers were commanded to depart from London.[9]

Though the commission had been granted in April, Cardinal Campeggio was in no hurry to undertake the work that was assigned to him. He did not leave Rome till June, and he proceeded so leisurely on his journey through France that it was only in the first week of October that he arrived in London. In accordance with his instructions, he endeavoured to dissuade the king from proceeding further with the separation, but as Henry was determined to marry the lady of his choice even though it should prove the ruin of his kingdom, all the efforts of Campeggio in this direction were in vain. He next turned his attention to Catharine, in the hope of persuading her to enter a convent, only to discover that her refusal to take any step likely to cast doubts upon her own marriage and the legitimacy of her daughter was fixed and unalterable. At the queen's demand counsel was assigned to her to plead her cause. The situation was complicated by the fact that Julius II. appears to have issued two dispensations for Henry's marriage, one contained in the Bull sent to England, the other in a brief forwarded to Ferdinand in Spain. The queen produced a copy of the brief, which was drawn up in such a way as to elude most of the objections that were urged against the Bull on the ground that the marriage had been consummated. The original of the brief was in the hands of the Emperor, and various attempts were made to secure the original or to have it pronounced a forgery by the Pope; but the Emperor was too wily a diplomatist to be caught so easily, and the Pope refused either to order its production or to condemn it without evidence as a forgery.[10] This question of the brief was seized upon by Cardinal Campeggio as a good opportunity for delaying the trial. At last on the 31st May 1529, the legates Wolsey and Campeggio opened the court at Blackfriars, and summoned Henry and Catharine to appear before them in person or by proxy on the 18th June. Both king and queen answered the summons, the latter, however, merely to demand justice publicly from the king, to protest against the competence and impartiality of the tribunal, and to lodge a formal appeal to Rome. Her appeal was disallowed, and on her refusal to take any further part in the trial she was condemned as contumacious; but even still she was not without brave and able defenders. Bishop Fisher of Rochester spoke out manfully against the unnatural and unlawful proceedings,[11] and his protest found an echo not merely in the court itself but throughout the country. The friends of Henry, fearing that the Pope might revoke the power of the legates, clamoured for an immediate verdict; but this Campeggio was determined to prevent at all costs. By insisting upon all the formalities of law he took care to delay the proceedings till the 23rd July, when he announced that the legatine court should follow the rules of the Roman court, and should, therefore, adjourn to October. Already he was aware of the fact that Clement VII., yielding to the entreaties of Catharine and the demands of the Emperor, had reserved the decision of the case to Rome (19th July), and that the summons to the king and queen to proceed there to plead their cause was already on its way to England.[12]

Henry, disguising his real feelings, pretended to be satisfied; but in reality his disappointment was extreme. Anne Boleyn and her friends threw the blame entirely on Wolsey. They suggested that the cardinal had acted a double part throughout the entire proceedings. For a time there was a conflict in the king's mind between the suggestions of his friends and the memory of Wolsey's years of loyal service; but at last Henry was won over to the party of Anne, and Wolsey was doomed to destruction. He was deprived of the office of Lord Chancellor which was entrusted to Sir Thomas More (Oct. 1529), accused of violating the statute of Praemunire by exercising legatine powers, a charge to which he pleaded guilty though he might have alleged in his defence the permission and authority of the king, indicted before Parliament as guilty of high treason, from the penalty of which he was saved by the spirited defence of his able follower Thomas Cromwell (Dec.), and ordered to withdraw to his diocese of York (1530). His conduct in these trying times soon won the admiration of both friends and foes. The deep piety and religion of the man, however much they might have been concealed by his fondness for pomp and display during the days of his glory, helped him to withstand manfully the onslaughts of his opponents. His time was spent in prayer and in the faithful discharge of his episcopal duties, but the enemies who had secured his downfall at court were not satisfied. They knew that he had still a strong hold on the affections of the king, and they feared that were any foreign complications to ensue he might be recalled to court and restored to his former dignities. They determined therefore to bring about his death. An order for his arrest and committal to the Tower was issued, but death intervened and saved him from the fate that was in store for him. Before reaching London he took suddenly ill, and died after having received the last consolations of religion (Nov. 1530).

Henry, having failed to obtain a favourable verdict from the legatine commission, determined to frighten the Pope into compliance with his wishes by showing him that behind the King of England stood the English Parliament. The most elaborate precautions were taken to secure that members likely to be friendly were elected. In many cases together with the writs the names of those whose return the court desired were forwarded to the sheriffs.[13] The Parliament that was destined to play such a momentous part in English affairs met in 1529. It was opened by the king in person attended by Sir Thomas More as Lord Chancellor. At a hint from the proper quarter it directed its attention immediately to the alleged abuses of the clergy. The principal complaints put forward were the excessive fees and delays in connection with the probate of wills, plurality of benefices, and the agricultural and commercial activity of priests, bishops, and religious houses, an activity that was detrimental to themselves and unfair to their lay competitors. Measures were taken in the House of Commons to put an end to these exactions and abuses, but when the bills reached the House of Lords Bishop Fisher lodged an emphatic protest for which he was called to account by the king. When Parliament had done enough to show the bishops and the Roman court what might be expected in case Henry's wishes were not complied with it was prorogued (Dec. 1529), and in the following month a solemn embassy headed by the Earl of Wiltshire, Anne Boleyn's father, was dispatched to interview the Pope and Charles V. at Bologna. The envoys were instructed to endeavour to win over the Emperor to the king's plans, but Charles V. regarded their advances with indignation and refused to sacrifice the honour of his aunt to the friendship of England. The only result of the embassy was that a formal citation of Henry to appear at Rome was served on the Earl of Wiltshire, but at the request of the latter a delay of some weeks was granted. Unless some serious measures were taken immediately, Henry had every reason to expect that judgment might be given against him at Rome, and that he would find himself obliged either to submit unconditionally or to defend himself against the combined forces of the Emperor and the King of France.

To prevent or at least to delay such a result and to strengthen the hands of the English agents at Rome, he determined to follow the advice that had been given him by Thomas Cranmer, namely, to obtain for the separation from Catharine the approval of the universities and learned canonists of the world. Agents were dispatched to Cambridge and Oxford to obtain a verdict in favour of the king. Finding it impossible to secure a favourable verdict from the universities, the agents succeeded in having the case submitted to a small committee both in Cambridge and Oxford, and the judgment of the committees, though by no means unanimous, was registered as the judgment of the universities.[14] Francis I. of France, who for political reasons was on Henry's side throughout the whole proceedings, brought pressure to bear upon the French universities, many of which declared that Henry's marriage to Catharine was null and void. In Italy the number of opinions obtained in favour of the king's desires depended entirely upon the amount of money at the disposal of his agents.[15] To support the verdict of the learned world Henry determined to show Rome that the nobility and clergy of his kingdom were in complete sympathy with his action. A petition signed by a large number of laymen and a few of the bishops and abbots was forwarded to Clement VII. (13th July, 1530).[16] It declared that the question of separation, involving as it did the freedom of the king to marry, was of supreme importance for the welfare of the English nation, that the learned world had pronounced already in the king's favour, and that if the Pope did not comply with this request England might be driven to adopt other means of securing redress even though it should be necessary to summon a General Council. To this Clement VII. sent a dignified reply (Sept.), in which he pointed out that throughout the whole proceedings he had shown the greatest regard for Henry, and that any delay that had occurred at arriving at a verdict was due to the fact that the king had appointed no legal representatives at the Roman courts.[17] The French ambassador also took energetic measures to support the English agents threatening that his master might be forced to join hands with Henry if necessary; but even this threat was without result, and the king's agents were obliged to report that his case at Rome was practically hopeless, and that at any moment the Pope might insist in proceeding with the trial.