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England Under the Tudors

Arthur D. Innes

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CHAPTER VIII

HENRY VIII (iv) 1529-33--THE BREACH WITH ROME

[Sidenote: 1529 No revolt as yet]

It will have been observed that when Wolsey found that the divorce was
inevitable, his energies were concentrated on the single purpose of
securing it under papal authority. For this he had two reasons--one, that
without that authority the King's act would appear in all its
arbitrariness, causing grave scandal: the other that if that authority were
refused, he foresaw the cleavage between England and Rome which did
eventually take place. Apart however from the divorce, there had not been
up to the time of Wolsey's fall any hint of an opinion in high places that
such a cleavage was _per se_ desirable or desired--although both
Wolsey himself and Gardiner had given Clement fair warning that Henry was
likely to reconsider the papal claims altogether unless the Pope complied
with his wishes. The revocation of the cause to Rome immediately brought
the execution of this threat into the sphere of practical politics.

In the second place there had been no tendency to encourage or allow
deviations from recognised orthodox doctrine. The new criticism had been so
far admitted as to produce a rigid section and a liberal section among the
orthodox, such leading prelates as Wolsey himself, Warham, Fox, Fisher, and
Tunstal, all favouring the new learning in various degrees, and being
supported therein by such learned laymen as Sir Thomas More. Their
toleration however had not extended to anything censurable as heresy, and
their attitude had been somewhat stiffened by the course of the Lutheran
revolt on the Continent. The increased licence within the Empire, following
the edict of Spires in 1528, led to an increased activity in the
suppression of heretics and heretical publications in England, first under
Wolsey and then under his successor in the Chancellorship.

[Sidenote: Growth of anti-clericalism]

In a third direction however, though not much had been done in the way of
measures, an _anti-clerical_ party had been growing up: a party which
sought to diminish clerical jurisdiction, clerical privileges, and clerical
emoluments. Among the ecclesiastics themselves there were not a few who
desired to improve clerical administration from within, but without
diminution of ecclesiastical authority; the anti-clericals were laymen who
wished the reforms to be forced on the Church from outside, reducing
ecclesiastical authority in the process. These two policies were in direct
opposition, seeing that antagonism to Wolsey--emphatically a reformer of
the prior class--was the leading motive with the nobility who headed the
second class; while the Commons in general desired primarily to be freed
from the exactions by which the clergy benefited, and from which they did
not believe the clergy would of their own initiative cut themselves
off. Wolsey had begun the internal amendment, by his visitation and
suppression of the smallest monasteries and the appropriation of
ecclesiastical property to educational purposes, and by some substitution
of the superior organisation of the legatine court for that of the
Ordinaries; but the latter step had been cancelled by his fall and by the
ominous appeal to the statute of Praemunire against legatine
jurisdiction. On the other hand, the anti-clerical action had been
practically confined so far to the modifications as to Benefit of Clergy;
unless we include the publication of pamphlets and rhymes attacking the
ecclesiastical body in general, or Wolsey in particular as the incarnation
of their shortcomings.

Some years were still to elapse before any material changes from orthodox
theological doctrine were to be entertained. But in 1529, the suspension of
the Trial was forthwith followed by the adoption of a policy--as yet only
provisional--setting aside the Pope's authority; and the assembly of
Parliament in November was marked by an immediate attack on ecclesiastical
abuses.

[Sidenote: Thomas Cranmer]

In the last six months of this year the King discovered two instruments
consummately adapted for executing his will. It appears that the idea of
obtaining the opinions of the Doctors at the English Universities had
already been mooted, and that one of those selected [Footnote: Strype,
_Memorials of Cranmer_. Hook, _Life of Cranmer_.] at Cambridge
was Thomas Cranmer, a learned and amiable divine with marked leanings
towards the New Learning; who in his early graduate days had fallen under
the influence of the teaching at Cambridge of Erasmus; in scholarship
subtle and erudite, in affairs guileless and easily swayed; timorous by
nature, but capable of outbreaks of audacity as timid persons often are: a
gentle and lovable man, but lacking in that robust self-confidence needed
by one who would take a resolutely independent line; a man intended to be a
student and forced by an unkind fate to assume the role of a man of action.
Such a character, brought under the direct influence of a powerful will and
a magnetic personality, is readily led to see everything as it is desired
that he should see it, and at the worst to differ from the master-mind only
with submission.

[Sidenote: Appeal to the universities]

When Campeggio suspended the sittings of the Commission the, King withdrew
to Waltham Cross. Steven Gardiner and Foxe the King's almoner, who were in
his suite, met Cranmer who had left Cambridge on account of an outbreak of
the sweating sickness. They had, as was natural, a conversation on "the
King's affair"; when Cranmer propounded the theory that if the Universities
of Europe--that is, the qualified divines--gave it as their opinion that
the union with Katharine had been contrary to the Divine Law, the King
might follow the dictates of his conscience and pronounce the marriage null
without recognising Papal jurisdiction. This was clearly quite a different
thing from producing the judgment of the Doctors merely as an expert
opinion which must carry weight with the Judge at Rome. It was practically
an assertion that the Pope's judgment was not of higher authority than the
King's; an answer to a question as to jurisdiction; a suggestion of
replying to the Pope's revocation of the case by a counter-revocation. Foxe
reported the conversation to Henry, who caught at the new method of giving
a constitutional colour to an arbitrary proceeding. Cranmer was summoned to
court, attached to the Boleyn household, set down to write a thesis on the
point of conscience, and sent off early in 1530 in the train of the Earl of
Wiltshire (to which dignity Sir Thomas Boleyn--had been raised) on an
embassy to the Emperor at Bologna. Moreover his plan for consulting the
Universities was actively taken in hand.

[Sidenote: The new Parliament]

In the meantime, in November, Henry's most famous Parliament had opened
session. The last, called six years before under Wolsey's regime to obtain
supplies, had shown a qualified submissiveness. The new one, whether packed
or not, displayed prompt signs of activity. Known to fame as the "Seven
Years'" or "Reformation" Parliament, it consistently displayed three
characteristics: it was anti-papal and anti-clerical; it endorsed the Royal
will; but it refused dictation where its pocket was concerned. Its first
session lasted only a few weeks, but was marked by an attack on clerical
abuses, and by the sudden prominence achieved by Thomas Cromwell.

[Sidenote: Thomas Cromwell]

Concerning Cromwell's early years, much is reported and little is known.
The common rumour declared that he was the son of a blacksmith--as it
declared Wolsey to be the son of a butcher. He is said to have tried
various trades, among others those of man-at-arms in the mercenary troop of
an Italian nobleman, wool-merchant and usurer at Antwerp, usurer and petty
attorney in England. On all these points the evidence is scanty and
inconclusive. About 1520, he found his way into Wolsey's entourage, and was
a member of the 1523 parliament. Wolsey found him an apt man of business,
and entrusted him with a good deal of the financial management of his
educational schemes; in the course of which it is at least probable that he
applied the twin practices of bribery and blackmail, which not without
reason were attributed at a later date to his servants. Yet, however
unscrupulous he may have been in his dealings with others, to the master
whose service he had followed he was always loyal. Wolsey made him his
secretary; and when the Cardinal fell, the secretary's position seemed
exceedingly precarious. Whether from an admirable fidelity or through
amazingly astute hypocrisy, he boldly and openly took up the cudgels in
parliament on behalf of the stricken minister, apparently challenging
imminent ruin for himself. Action so courageous won him applause and
good-will instead of present hostility. More than that, it immediately
marked him in the eyes of the King--an exceedingly shrewd judge of men--as
an invaluable prospective servant for himself. A combination of audacity
and fidelity with shrewdness, resourcefulness, and unscrupulosity, was
precisely what he wanted and precisely what he had found. The Cardinal's
secretary became the King's secretary, and forthwith identified himself
with the policy of establishing the Royal autocracy in a stronger form than
it had ever before assumed in England. Whether or no Thomas Cromwell learnt
his political principles as an adventurer in Italy, he became himself the
living embodiment of those doctrines of state-craft which were systematised
by Macchiavelli in his treatise "The Prince".

[Sidenote: Pope, Clergy and King]

In the reconstruction of the relations between Church and State which
covers more than nine-tenths of the Reformation under Henry VIII. there
were three parties concerned; the Pope, the Sovereign, and the Clerical
Organisation in England. From time immemorial, Popes and Kings had striven
periodically with each other in asserting antagonistic control over the
ecclesiastical body; and the ecclesiastical body had made common cause, now
with the Pope and now with the King, in resisting encroachments by the
rival authority. If the clergy submitted to one or the other, it was always
with a reservation that submission to physical force could not impair the
inherent rights of the successors of the Apostles. Similarly, if the Pope
gave way to the King or the King to the Pope, their respective successors
regarded the claims surrendered as rights not cancelled but in abeyance.
The prevailing conditions at any given time were always looked upon as a
_modus vivendi_ liable to readjustment when any of the three parties
felt impelled to claim a larger freedom of action or a larger power of
control. In the past however the Spiritual Powers had drawn effectively
upon their armoury of excommunications and interdicts in the conflict; it
was now to be seen whether these ancient weapons had become obsolete. If
they could be defied with comparative impunity, there could be but one end
to a struggle between the Spiritual and the Temporal forces.

[Sidenote: Double campaign opens]

By the appeal to the Universities, Henry gave warning of a possible
anti-papal campaign: in which he could look for a considerable degree of
clerical support up to a certain point, more particularly because the
clergy generally were ready to be released from the financial exactions of
the Holy See, as well as from its practical exercise of patronage.
Parliament opened an anti-clerical campaign, but its measures at first were
confined to dealing with almost indefensible and obvious abuses. Bishop
Fisher recognised the familiar thin end of the wedge, and charged the
Commons with desiring "the goods, not the good" of the Church; but the
opposition was slender. In the six weeks of the first session, there were
passed, the Probate and Mortuaries Acts, abolishing, reducing, or
regulating fees, and the Pluralities Act, forbidding the clergy in general
to hold more than one benefice, and requiring Residence--a very
inconvenient arrangement for papal nominees. The general value of the Act
however was impaired by a schedule of exemptions. Fisher's protest had its
counterpart in the protest of Convocation, not against the avowed objects
of this legislation but against Parliament as its source: the position
being that Convocation was itself preparing legislation with the same ends
in view, and was the proper body to do so.

[Sidenote: 1530 Answers of the Universities]

During 1530, Parliament remained inactive. The Earl of Wiltshire's embassy
to Bologna, of which the object was to induce Charles to withdraw his
opposition to the divorce, naturally proved abortive. The consultation of
the Universities however went on apace. The theory propounded for their
acceptance was that Katharine had been in actual fact the wife of Henry's
brother; that this being so her marriage with Henry was contrary to the Law
of God; and that by consequence the second contract was actually not only
voidable but void, the dispensation being under those circumstances a dead
letter. On the other side it was maintained that whatever validity there
might be in this argument, it fell to the ground if--as was asserted on the
Queen's behalf--her first marriage had been ceremonial only. The answers of
the Universities were inconclusive, some declaring the marriage valid,
others declaring it void, and others, including Oxford and Cambridge,
declaring that it was against the Law of God without pronouncing the
dispensation of Julius _ipso facto_ invalid. Moreover, had the
opinions given been decisive in themselves, the method by which they were
obtained would have destroyed their moral value. Francis, finding that
England's friendship was in the balance, dictated a favourable reply to the
French Universities. Those in England knew they were not free agents.
Clement professed to give those in Italy a free hand, but in that country
Charles was the dominant power. In Germany the Lutherans were hostile to
Henry personally on account of his own anti-Lutheran pronouncements.
Nowhere was a judgment on the simple merits of the case procurable.

[Sidenote: Preoccupation of the Clergy]

In the meantime, the clergy in England had been mainly occupied with a
campaign against heresy, and with the suppression of dangerous literature;
[Footnote: According to Mr. Froude, Henry only assented with reluctance to
the suppression of Tindal's Testament on condition of the preparation of an
authorised version being agreed to. But even Hall, whom he cites, only says
that both proposals were adopted after long debate.--Froude, i., p. 298
(Ed. 1862).] but willingly or not found themselves committed to approving
the preparation of an authorised translation of the Scriptures--the one
movement under Henry which tended definitely, in effect though not of set
purpose, to a revision of Doctrine.

[Sidenote 1: Menace of Praemunire]
[Sidenote 2: 1531 "Only Supreme Head"]
[Sidenote 3: Proceedings in Parliament]

In December of 1530, however, the Church was to receive a rough reminder
that the Defender of the Faith was a stickler for the rigidity of the
statutes. He had already struck at Wolsey because, urged thereto by
himself, the Cardinal had obtained and exercised legatine powers contrary
to the Statutes of Praemunire. Such was the King's reverence for the Law
that after it had been transgressed with his sanction for ten years he felt
it his duty to penalise the transgressor. After another twelve-month, he
felt it his further duty to penalise all who had submitted to the illegal
authority. The clergy were informed that they lay one and all under the
royal displeasure for breach of praemunire (of which they had in fact been
technically guilty), and could only hope for pardon by purchasing it for
something over L100,000--practically equivalent to about a couple of
millions now. Convocation, alive to the futility of resistance, apologised
for its iniquity and admitted the justice of the punishment. Thereupon, in
the preamble to the bill by which they were to mulct themselves, the King
required the insertion of a clause which designated him "Protector and Only
Supreme Head of the Church and Clergy in England". This roused general
resistance. Convocation proposed conferences, and sought some compromise
which they could reconcile with their consciences. The King would have no
compromise, demanding instant submission. At last Warham hit upon the
expedient of one of those saving phrases which might mean everything or
nothing, and yet could not be objected to on the face of it; inserting the
words "so far as the laws of Christ permit": the precise degree to which
the said laws did permit being susceptible of unlimited argument, as the
royal claims or the clerical conscience might respectively demand. Even so
had Becket in the past shielded himself with the words "Saving the rights
of my Order". For the time being, this diplomatic evasion or pitiful
subterfuge, as the advocates and contemners of the clergy respectively call
it, saved the situation. At the time, it must be remarked, Henry did not
intend the title to be read as repudiating the Papal Supremacy, which had
not hitherto been formally called question. On the face of it, it looks
like a touch of Cromwell's; in a thing designed to force the hand of the
Clergy in the future if the Papal Supremacy should be directly challenged.
The clause was accepted (for the Province of Canterbury) on March 22nd; six
weeks later it was also accepted by the Convocation of York, with a protest
from Tunstal, now bishop of Durham, who had been distinguished by his
diplomatic services under Wolsey's regime. During the corresponding session
(January-March 1531) no anti-clerical measures were introduced in
Parliament; which registered the Royal pardon and received the formal
announcement of the decision of the Universities. The "stern and lofty
moral principles" [Footnote: Froude, i., 307, 310 (Ed. 1862). The
historian's enthusiasm may seem to require some qualification. The
retrospective creation of crimes is a dangerous practice: and the penalty
applied might even be considered savage.] of the nation were however
vindicated, in consequence of the wholesale poisoning of the bishop of
Rochester's household, attributed to an attempt to make away with Fisher
himself. By a special enactment, the essentially un-English practice of
poisoning was retrospectively classified as high treason, and the criminal
sentenced to death by boiling.
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