The Divorce of Catherine of Aragon

The Pope, smarting from ill-treatment and grateful for the help of France and England, professed himself earnestly anxious to do what Henry desired. But he was still virtually a prisoner. He had been obliged by the General of the Observants, when in St. Angelo, to promise to do nothing “whereby the King’s divorce might be judged in his own dominions.” He pleaded for time. He promised a commission of some kind, but he said he was undone if action was taken upon it while the Germans and Spaniards remained in Italy. He saw evident ruin before him, he said, but he professed to be willing to run the hazard rather than that Wolsey should suspect him of ingratitude. He implored the Cardinal, cum suspiriis et lacrymis, not to precipitate him for ever, and precipitated he would be if, on receiving the commission, the Cardinal at once began the process.30 A fortnight later Casalis described a long conversation with the Pope and Cardinals on the course to be pursued. Henry had desired that a second Legate should be sent from Rome to act with Wolsey. To consent to this would directly compromise the Papal Court. Clement had no objection to the going forward with the cause, but he did not wish to be himself responsible. He signed an imperfect commission not inconsistent with his promise to the General of the Observants. On this Wolsey might act or, if he preferred it, might proceed on his own Legatine authority. For himself, instead of engaging to confirm Wolsey’s sentence, he said that no doctor could better resolve the point at issue than the King himself. If he was resolved, said the Pope, let him commit his cause to the Legate, marry again, follow up the trial, and then let a public application be made for a Legate to be sent from the Consistory. If the Queen was cited first, she would put in no answer, save to protest against the place and judges. The Imperialists would demand a prohibition, and then the King could not marry, or, if he did, the offspring would be illegitimate. They would also demand a commission for the cause to be heard at Rome, which the Pope would be unable to refuse. But the King being actually married again, they could not ask for a prohibition. They could only ask that the cause should be re-examined at Rome, when the Pope would give sentence and a judgment could be passed which would satisfy the whole world.31 This was the Pope’s own advice, but he did not wish it to be known that it had come from himself. Casalis might select the Legate to England after the first steps had been taken. Campeggio he thought the fittest, being already an English bishop.32 At any rate, the Pope bade Casalis say he would do his best to satisfy the King, though he knew that the Emperor would never forgive him.

It is not certain what would have followed had Henry acted on the Pope’s suggestion. The judgment which Clement promised might have been in his favour. Clement evidently wished him to think that it would. But he might, after all, have found himself required to take Catherine back. Either alternative was possible. At any rate he did not mean, if he could help it, to have recourse to violent methods. Charles himself, though he intended to prevent, if he could, a legal decision against his aunt, had hinted at the possibility and even desirableness of a private arrangement, if Catherine would agree. Catherine, unfortunately, would agree to nothing, but stood resolutely upon her rights, and Charles was forced to stand by her. Henry was equally obstinate, and the Pope was between the rock and the whirlpool.

The Pope had promised, however, and had promised with apparent sincerity. The Papal states remaining occupied by the Imperial troops, Henry carried out his own part of the engagement by joining France in a declaration of war against the Emperor. Toison d’or and Clarencieulx appeared before Charles at Burgos on the 22nd of January, Charles sitting on his throne to receive their defiance. Toison d’or said that the Emperor had opened Christendom to the Turks, had imprisoned the Pope, had allowed his armies to sack Rome and plunder churches and monasteries, had insulted the holy relics, slain or robbed princes of the Church, cardinals, patriarchs, archbishops, outraged nunneries and convents, had encouraged Lutheran heretics in committing these atrocities, &c. For these reasons France declared open war with the Emperor. The English herald – he was accused afterwards of having exceeded his instructions – was almost as peremptory. Henry, in earlier times, had lent Charles large sums of money, which had not been repaid. Clarencieulx said that, unless the Pope was released and the debt settled, the King of England must make common cause with his brother of France. Six weeks’ interval was allowed for the Emperor to consider his answer before hostilities on the side of England should commence.

The Emperor replied with calmness and dignity. War with France was inevitable. As to England, he felt like Cicero, when doubting whether he should quarrel with Cæsar, that it was inconvenient to be in debt to an enemy. If England attacked him he said he would defend himself, but he declined to accept the defiance. Mendoza was not recalled from London. At the end of the six weeks the situation was prolonged by successive truces till the peace of Cambray. But Henry had kept his word to the Pope. England appeared by the side of France in the lists as the armed champion of the Papacy, and the Pope was expected to fulfil his promises without disguise or subterfuge.

Clement’s method of proceeding with the divorce was rejected. The dispensation and commission which had been amended with a view to it were rejected also as worthless. Dr. Fox and Stephen Gardiner were despatched to Orvieto with fuller powers and with a message peremptory and even menacing. They were again to impress on the Pope the danger of a disputed succession. They were to hint that, if relief was refused in deference to the Emperor, England might decline from obedience to the Holy See. The Pope must, therefore, pass the commission and the dispensation in the form in which it had been sent from England. If he objected that it was unusual, they were to announce that the cause was of great moment. The King would not be defrauded of his expectation through fear of the Emperor. If he could not obtain justice from the Pope, he would be compelled to seek it elsewhere.33

The language of these instructions shows that the King and Wolsey understood the Proteus that they were dealing with, and the necessity of binding his hands if he was not to slip from them. It was not now the fountain of justice, the august head of Christendom, that they were addressing, but a shifty old man, clad by circumstances with the robe of authority, but whose will was the will of the power which happened to be strongest in Italy. It was not tolerable that the Emperor should dictate on a question which touched the vital interests of an independent kingdom.

Spanish diplomatists had afterwards to excuse and explain away Clement’s concessions on the ground that they were signed when he was angry at his imprisonment, had been extorted by threats, and were therefore of no validity. He struggled hard to avoid committing himself. The unwelcome documents were recast into various forms. The dispensation was not signed after all, but in the place of it other briefs were signed of even graver importance. The Pope yielded to the demand to send a second Legate to try the cause with Wolsey in England, where it was assumed as a matter of course that judgment would be given for the King. The Legate chosen was Campeggio, who was himself, as was said, an English bishop. The Pope also did express in writing his own opinion on the cause as favourable to the King’s plea. What passed at Orvieto was thus afterwards compendiously related by Henry in a published statement of his case.

“On his first scruple the King sent to the Bishop of Rome, as Christ’s Vicar, who had the keys of knowledge, to dissolve his doubts. The said Bishop refused to take any knowledge of it and desired the King to apply for a commission to be sent into the realm, authorised to determine the cause, thus pretending that it might no wise be entreated at Rome, but only within the King’s own realm. He delegated his whole powers to Campeggio and Wolsey, giving them also a special commission in form of a decretal, wherein he declared the King’s marriage null and empowered him to marry again. In the open commission also he gave them full authority to give sentence for the King. Secretly he gave them instructions to burn the commission decretal and not proceed upon it; (but) at the time of sending the commission he also sent the King a brief, written in his own hand, admitting the justice of his cause and promising sanctissime sub verbo Pontificis that he would never advocate it to Rome.”34

Engagements which he intended to keep or break according to the turns of the war between Francis and Charles did not press very heavily perhaps on Clement’s conscience, but they were not extorted from him without many agonies. “He has granted the commission,” Casalis wrote. “He is not unwilling to please the King and Wolsey, but fears the Spaniards more than ever he did. The Friar-General has forbidden him in the Emperor’s name to grant the King’s request. He fears for his life from the Imperialists if the Emperor knows of it. Before he would grant the brief he said, weeping, that it would be his utter ruin. The Venetians and Florentines desired his destruction. His sole hope of life was from the Emperor. He asked me to swear whether the King would desert him or not. Satisfied on this point, he granted the brief, saying that he placed himself in the King’s arms, as he would be drawn into perpetual war with the Emperor. Wolsey might dispose of him and the Papacy as if he were Pope himself.”35

The Emperor had insisted, at Catherine’s desire, that the cause should not be heard in England. The Pope had agreed that it should be heard in England. Consent had been wrung from him, but his consent had been given, and Campeggio was to go and make the best of it. His open commission was as ample as words could make it. He and Wolsey were to hear the cause and decide it. The secret “decretal” which he had wept over while he signed it declared, before the cause was heard, the sentence which was to be given, and he had pledged his solemn word not to revoke the hearing to Rome. All that Clement could do was to instruct the Legate before he started to waste time on his way, and, on his arrival in England, to use his skill to “accommodate matters,” and to persuade the Queen – if he found her persuadeable – to save him from his embarrassments by taking the veil. This was a course which Charles himself in his private mind would have recommended, but was too honourable to advise it. The fatal decretal was to be seen only by a very few persons, and then, as Henry said, Campeggio was to burn it. He was instructed also to pass no sentence without first referring back to Rome, and, if driven to extremity, was to find an excuse for postponing a decision; very natural conduct on the part of a weak, frightened mortal – conduct not unlike that of his predecessor, Alexander III., in the quarrel between Becket and Henry II. – but in both cases purely human, not such as might have been looked for in a divinely guided Vicar of Christ.

CHAPTER IV

Anne Boleyn – Letters to her from the King – The Convent at Wilton – The Divorce – The Pope’s promises – Arrival of Campeggio in England – Reception at the Bridewell Palace – Proposal to Catherine to take the veil – Her refusal – Uncertainty of the succession – A singular expedient – Alarms of Wolsey – The true issue – Speech of the King in the City – Threats of the Emperor – Defects in the Bull of Pope Julius – Alleged discovery of a brief supplying them – Distress of Clement.

The marriage with Anne Boleyn was now a fixed idea in Henry’s mind. He had become passionately attached to her, though not perhaps she to him. The evidence of his feeling remains in a series of letters to her – how preserved for public inspection no one knows. Some of them were said to have been stolen by Campeggio. Perhaps they were sold to him; at any rate, they survive. A critic in the “Edinburgh Review” described them as such as “might have been written by a pot-boy to his girl.” The pot-boy must have been a singular specimen of his kind. One, at any rate, remains to show that, though Henry was in love, he did not allow his love to blind him to his duty as a prince. The lady, though obliged to wait for the full gratification of her ambition, had been using her influence to advance her friends, while Wolsey brought upon himself the rebuke of his master by insufficient care in the distribution of Church patronage. The correspondence throws an unexpected light upon the King’s character.

The Abbess of Wilton had died. The situation was a pleasant one. Among the sisters who aspired to the vacant office was a certain Eleanor Carey, a near connection of Anne, and a favourite with her. The appointment rested virtually with the Crown. The Lady Anne spoke to the King. The King deputed Wolsey to inquire into the fitness of the various candidates, with a favourable recommendation of Eleanor Carey’s claims. The inquiry was made, and the result gives us a glimpse into the habits of the devout recluses in these sacred institutions.36

“As for the matter of Wilton,” wrote Henry to Anne, “my Lord Cardinal here had the nuns before him, and examined them in the presence of Master Bell, who assures me that she whom we would have had Abbess has confessed herself to have had two children by two different priests, and has since been kept not long ago by a servant of Lord Broke that was. Wherefore I would not for all the gold in the world clog your conscience nor mine, to make her ruler of a house which is of so ungodly demeanour, nor I trust you would not that, neither for brother nor sister,37 I should so distain mine honour or conscience. And as touching the Prioress [Isabella Jordan] or Dame Eleanor’s elder sister, though there is not any evident cause proved against them, and the Prioress is so old that of many years she could not be as she was named, yet notwithstanding, to do you pleasure I have done that neither of them shall have it, but that some other good and well-disposed woman shall have it, whereby the house shall be better reformed, whereof I assure you it hath much need, and God much the better served.”

This letter is followed by another to the Cardinal. Wolsey, in whose hands the King had left the matter, in a second letter which is lost, instead of looking out for the “good and well-disposed woman,” though Isabella Jordan’s reputation was doubtful, yet chose to appoint her, and the King’s observations upon this action of his are worth attending to, as addressed by such a person as Henry is supposed to have been to a Cardinal Archbishop and Legate of the Holy See. Many of the letters signed by the King were the composition of his ministers and secretaries. This to Wolsey was his own.

“The great affection and love I bear you, causeth me, using the doctrine of my Master, quem diligo castigo, thus plainly as now ensueth to break to you my mind, ensuring you that neither sinister report, affection to my own pleasure, interest, nor mediation of any other body beareth part in this case, wherefore whatsoever I do say, I pray you think it spoken of no displeasure, but of him that would you as much good both of body and soul as you would yourself.

“Methinks it is not the right train of a trusty loving friend and servant when the matter is put by the master’s consent into his arbitre and judgement – especially in a matter wherein his master hath both royalty and interest, to elect and choose a person who was by him defended. And yet another thing which displeaseth me more. That is to cloke your offence made by ignorance of my pleasure, saying that you expressly knew not my determinate mind in that behalf. Alas, my lord, what can be more evident or plainer than these words, specially to a wise man – ‘His Grace careth not who, but referreth it all to you, so that none of those who either be or have been spotted with incontinence, like as by report the Prioress hath been in her youth, have it;’ and also in another place in the letter, ‘And therefore his Highness thinketh her not meet for that purpose;’ thirdly, in another place in the same letter by these words, ‘And though his Grace speaketh not of it so openly, yet meseemeth his pleasure is that in no wise the Prioress have it, nor yet Dame Eleanor’s eldest sister, for many considerations the which your Grace can and will best consider.’

“Ah, my Lord, it is a double offence both to do ill and to colour it too; but with men that have wit it cannot be accepted so. Wherefore, good my Lord, use no more that way with me, for there is no man living that more hateth it. These things having been thus committed, either I must have reserved them in pectore, whereby more displeasure might happen to breed, or else thus soundly and plainly to declare them to you, because I do think that cum amico et familiari sincere semper est agendum, and especially the master to his best beloved servant and friend, for in so doing the one shall be more circumspect in his doing, the other shall declare and show the lothness that is in him to have any occasion to be displeased with him.

“And as touching the redress of Religion [convent discipline], if it be observed and continued, undoubtedly it is a gracious act. Notwithstanding, if all reports be true, ab imbecillis imbecilla expectantur. How be it, Mr. Bell hath informed me that the Prioress’s age, personage and manner, præ se fert gravitatem. I pray God it be so indeed, seeing she is preferred to that room. I understand furthermore, which is greatly to my comfort, that you have ordered yourself to Godward as religiously and virtuously as any Prelate or father of Christ’s Church can do, where in so doing and persevering there can be nothing more acceptable to God, more honour to yourself, nor more desired of your friends, among the which I reckon myself not the least…

“I pray you, my Lord, think it not that it is upon any displeasure that I write this unto you. For surely it is for my discharge before God, being in the room that I am in, and secondly for the great zeal I bear unto you, not undeserved in your behalf. Wherefore I pray you take it so; and I assure you, your fault acknowledged, there shall remain in me no spark of displeasure, trusting hereafter you shall recompense that with a thing much more acceptable to me. And thus fare you well; advertising you that, thanked be God, I and all my folk be, and have been since we came to Ampthill, which was on Saturday last, July 11, in marvellous good health and clearness of air.

“Written with the hand of him that is, and shall be your loving Sovereign Lord and friend, – Henry R.”38

Campeggio meanwhile was loitering on his way as he had been directed, pretending illness, pretending difficulties of the road. In sending him at all the Pope had broken his promise to Charles. He engaged, however, that no sentence should be given which had not been submitted first to Charles’s approval. The Emperor, anxious to avoid a complete rupture with England, let the Legate go forward, but he directed Mendoza to inform Wolsey that he must defend his aunt’s honour; her cause was his and he would hold it as such.39 Wolsey, though afraid of the consequence of opposing the divorce to himself and the Church, yet at heart had ceased to desire it. Mendoza reported that English opinion was still unfavourable, and that he did not believe that the commission would have any result. The Pope would interpose delays. Wolsey would allow and recognise them. Both Legates would agree privately to keep the matter in suspense. The English Cardinal appeared to be against the Queen, but every one knew that secretly he was now on her side.40 Catherine only was seriously frightened. She had doubtless been informed of the secret decretal by which the Pope appeared to have prejudged her cause. She supposed that the Pope meant it, and did not understand how lightly such engagements sate upon him. The same Clement, when Benvenuto Cellini reproached him for breaking his word, replied, smiling, that the Pope had power to bind and to loose. Catherine came before long to know him better and to understand the bearings of this singular privilege; but as yet she thought that words meant what they seemed to say. When she heard that Campeggio was actually coming, she wrote passionately to the Emperor, flinging herself upon him for protection. Charles calmed her alarm. She was not, he said, to be condemned without a hearing. The Pope had assured him that the Legates should determine nothing to her detriment. The case should be decided at Rome, as she had desired. Campeggio’s orders were to advise that it should be dropped. Apart from his present infatuation, the King was a good Christian and would act as one. If he persisted, she might rely on the Pope’s protection. She must consent to nothing which would imply the dissolution of her marriage. If the worst came, the King would be made conscious of his duties.41

In the middle of October the Legate arrived. He had been ill in earnest from gout and was still suffering. He had to rest two days in Calais before he could face the Channel. The passage was wild. A deputation of Peers and Bishops waited to receive him at Dover. Respectful demonstrations had been prepared at the towns through which he was to pass, and a state ceremonial was to accompany his entrance into London. But he was, or pretended to be, too sick to allow himself to be seen. He was eight days on the road from the coast, and on reaching his destination he was carried privately in a state barge to the house provided for his residence. Wolsey called the next morning. The King was absent, but returned two days later to the Bridewell palace. There Campeggio waited on him, accompanied by Wolsey. The weather continued to frown. “I wish,” wrote Gerardo Molza to the Marchioness of Mantua, “that you could have seen the two Cardinals abreast, one on his mule, the other carried in his chair, the rain falling fast so that we were all drenched.” The King, simple man, believed that the documents which he held secured him. The Pope in sending the Legate had acted in the teeth of the Emperor’s prohibition, and no one guessed how the affair had been soothed down. The farce was well played, and the language used was what Henry expected. Messer Floriano, one of Campeggio’s suit, made a grand oration, setting out the storming of Rome, the perils of the Church, and the misery of Italy, with moving eloquence. The crowd was so dense in the hall of audience that some of the Italians lost their shoes, and had to step back barefoot to their lodgings through the wet streets.

The Legate was exhausted by the exertion, but he was not allowed to rest, and the serious part of the business began at once behind the scenes. He had hoped, as the Emperor said, that the case might be dropped. He found Henry immoveable. “An angel from heaven,” he wrote on the 17th of October,42 “would not be able to persuade the King that his marriage was not invalid. The matter had come to such a pass that it could no longer be borne with. The Cardinal of York and the whole kingdom insisted that the question must be settled in some way.” One road out of the difficulty alone presented itself. The Emperor had insisted that the marriage should not be dissolved by Catherine’s consent, objecting reasonably that a judgment invalidating it would shake other royal marriages besides hers. But no such judgment would be necessary if Catherine could be induced to enter “lax religion,” to take vows of chastity which, at her age and under her conditions of health, would be a mere form. The Pope could then allow Henry to take another wife without offence to any one. The legitimacy of the Princess would not be touched, and the King undertook that the succession should be settled upon her if he had no male heir. The Queen in consenting would lose nothing, for the King had for two years lived apart from her, and would never return to cohabitation. The Emperor would be delivered from an obligation infinitely inconvenient to him, and his own honour and the honour of Spain would be equally untouched.

These arguments were laid before the Queen by both the Legates, and urged with all their eloquence. In the interests of the realm, in the interests of Europe, in the interests of the Church, in her own and her daughter’s interest as well, it would have been wiser if she had complied. Perhaps she would have complied had the King’s plea been confined, as at first, to the political exigencies of the succession. But the open and premature choice of the lady who was to take her place was an indignity not to be borne. She had the pride of her race. Her obstinacy was a match for her husband’s. She was shaken for a moment by the impassioned entreaties of Campeggio, and she did not at once absolutely refuse. The Legate postponed the opening of his court. He referred to Rome for further instructions, complaining of the responsibility which was thrown upon him. Being on the spot he was able to measure the danger of disappointing the King after the secret commission, the secret decretal, and the Pope’s private letter telling Henry that he was right. Campeggio wrote to Salviati, after his first interview with Catherine, that he did not yet despair. Something might be done if the Emperor would advise her to comply. He asked Fisher to help him, and Fisher seemed not wholly unwilling; but, after a few days’ reflection, Catherine told him that before she would consent she would be torn limb from limb; she would have an authoritative sentence from the Pope, and would accept nothing else; nothing should make her alter her opinion, and if after death she could return to life, she would die over again rather than change it.43