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Henry VIII.

Chapter 30: CHAPTER XIII.
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About This Book

A concise political biography sketches the monarch's upbringing, temperament, and the major policies that shaped his reign, focusing on the contest with ecclesiastical authority, a high-profile royal divorce, the suppression of religious houses, and the legal and parliamentary measures that redefined Church–State relations. The account interweaves domestic and diplomatic developments, considers the roles of key ministers and institutions, and draws on contemporary records to weigh accomplishments against moral and political controversy, while acknowledging the limits of evidence and the selective demands of historical narrative.

Henry's political education was now complete; the events of the last five years had proved to him the truth of the assertion, with which he had started, that the Pope might do what he liked at Rome, but that he also could do what he liked in England, so long as he avoided the active hostility of the majority of his lay subjects. The Church had, by its actions, shown him that it was powerless; the Pope had proved the impotence of his spiritual weapons; and the Emperor had admitted that he was both unable and unwilling to interfere. Henry had realised the extent of his power, and the opening of his eyes had an evil effect upon his character. Nothing makes men or Governments so careless or so arbitrary as the knowledge that there will be no effective opposition to their desires. Henry, at least, never grew careless; his watchful eye was always wide open. His ear was always strained to catch the faintest rumbling of a coming storm, and his subtle intellect was ever on the alert to take advantage of every turn in the diplomatic game. He was always efficient, and he took good care that his ministers should be so as well. But he grew very arbitrary; the knowledge that he could do so much became with him an irresistible reason for doing it. Despotic power is twice cursed; it debases the ruler and degrades the subject; and Henry's progress to despotism may be connected with the rise of Thomas Cromwell, who looked to the Great Turk as a model for Christian princes.[917] Cromwell became secretary in May, 1534; in that month Henry's security was enhanced by the definitive peace with Scotland,[918] and he set to work to enforce his authority with the weapons which Parliament had placed in his hands. Elizabeth Barton, and her accomplices, two Friars Observants, two monks, and one secular priest, all attainted of treason by Act of Parliament, were sent to the block.[919] Commissioners were sent round, as Parliament had ordained, to enforce the oath of succession throughout the land.[920] A general refusal would have stopped Henry's career, but the general consent left Henry free to deal as he liked with the exceptions. Fisher and More were sent to the Tower. They were willing to swear to the succession, regarding that as a matter within the competence of Parliament, but they refused to take the oath required by the commissioners;[921] it contained, they alleged, a repudiation of the Pope not justified by the terms of the statute. Two cartloads of friars followed them to the Tower in June, and the Order of Observants, in whose church at Greenwich Henry had been baptised and married, and of whom in his earlier years he had written in terms of warm admiration, was suppressed altogether.[922]

In November Parliament[923] reinforced the Act of Succession by laying down the precise terms of the oath, and providing that a certificate of refusal signed by two commissioners was as effective as the indictment of twelve jurors. Other acts empowered the King to repeal by royal proclamation certain statutes regulating imports and exports. The first-fruits and tenths, of which the Pope had been already deprived, were now conferred on the King as a fitting ecclesiastical endowment for the Supreme Head of the Church. That title, granted him four years before by both Convocations, was confirmed by Act of Parliament; its object was to enable the King as Supreme Head to effect the "increase of virtue in Christ's Religion within this Realm of England, and to repress and extirp all Errors, Heresies and other Enormities, and Abuses heretofore used in the same". The Defender of the Faith was to be armed with more than a delegate power; he was to be supreme in himself, the champion not of the Faith of any one else, but of his own; and the qualifying clause, "as far as the law of Christ allows," was omitted. His orthodoxy must be above suspicion, or at least beyond the reach of open cavil in England. So new treasons were enacted, and any one who called the King a heretic, schismatic, tyrant, infidel, or usurper, was rendered liable to the heaviest penalty which the law could inflict. As an earnest of the royal and parliamentary desire for an increase of virtue in religion, an act was concurrently passed providing for the creation of a number of suffragan bishops.[924]

Henry was now Pope in England with powers no Pope had possessed.[925] The Reformation is variously regarded as the liberation of the English Church from the Roman yoke it had long impatiently borne, as its subjection to an Erastian yoke which it was henceforth, with more or less patience, long to bear, or as a comparatively unimportant assertion of a supremacy which Kings of England had always enjoyed. The Church is the same Church, we are told, before and after the change; if anything, it was Protestant before the Reformation, and Catholic after. It is, of course, the same Church. A man may be described as the same man before and after death, and the business of a coroner's jury is to establish the identity; but it does not ignore the vital difference. Even Saul and Paul were the same man. And the identity of the Church before and after the legislation of Henry VIII. covers a considerable number of not unimportant changes. It does not, however, seem strictly accurate to say that Henry either liberated or enslaved the Church. Rather, he substituted one form of despotism for another, a sole for a dual control; the change, complained a reformer, was merely a translatio imperii.[926] The democratic movement within the Church had died away, like the democratic movements in national and municipal politics, before the end of the fifteenth century. It was never merry with the Church,[927] complained a Catholic in 1533, since the time when bishops were wont to be chosen by the Holy Ghost and by their Chapters.

Since then the Church had been governed by a partnership between King and Pope, without much regard for the votes of the shareholders. It was not Henry who first deprived them of influence; neither did he restore it. What he did was to eject his foreign partner, appropriate his share of the profits, and put his part of the business into the hands of a manager. First-fruits and tenths were described as an intolerable burden; but they were not abolished; they were merely transferred from the Pope to the King. Bishops became royal nominees, pure and simple, instead of the joint nominees of King and Pope. The supreme appellate jurisdiction in ecclesiastical causes was taken away from Rome, but it was not granted the English Church to which in truth it had never belonged.[928] Chancery, and not the Archbishop's Court, was made the final resort for ecclesiastical appeals. The authority, divided erstwhile between two, was concentrated in the hands of one; and that one was thus placed in a far different position from that which either had held before.

The change was analogous to that in Republican Rome from two consuls to one dictator. In both cases the dictatorship was due to exceptional circumstances. There had long been a demand for reform in the Church in England as well as elsewhere, but the Church was powerless to reform itself. The dual control was in effect, as dual controls often are, a practical anarchy. The condition of the Church before the Reformation may be compared with that of France before the Revolution. In purely spiritual matters the Pope was supreme: the conciliar movement of the fifteenth century had failed. The Pope had gathered all powers to himself, in much the same way as the French monarch in the eighteenth century had done; and the result was the same, a formal despotism and a real anarchy. Pope and Monarch were crushed by the weight of their own authority; they could not reform, even when they wanted to. From 1500 to 1530 almost every scheme, peaceful or bellicose, started in Europe was based on the plea that its ultimate aim was the reform of the Church; and so it would have continued, vox et præterea nihil, had not the Church been galvanised into action by the loss of half its inheritance.

In England the change from a dual to a sole control at once made that control effective, and reform became possible. But it was a reform imposed on the Church from without and by means of the exceptional powers bestowed on the Supreme Head. Hence the burden of modern clerical criticism of the Reformation. Objection is raised not so much to the things that were done, as to the means by which they were brought to pass, to the fact that the Church was forcibly reformed by the State, and not freed from the trammels of Rome, and then left to work out its own salvation. But such a solution occurred to few at that time; the best and the worst of Henry's opponents opposed him on the ground that he was divorcing the Church in England from the Church universal. Their objection was to what was done more than to the way in which it was done; and Sir Thomas More would have fought the Reformation quite as strenuously had it been effected by the Convocations of Canterbury and York. On the other side there was equally little thought of a Reformation by clerical hands. Henry and Cromwell carried on and developed the tradition of the Emperor Frederick II. and Peter de Vinea,[929] of Philippe le Bel and Pierre Dubois, of Lewis the Bavarian and Marsiglio of Padua[930] who maintained the supremacy of the temporal over the spiritual power and asserted that the clergy wielded no jurisdiction and only bore the keys of heaven in the capacity of turnkeys.[931] It was a question of the national State against the universal Church. The idea of a National Church was a later development, the result and not the cause of the Reformation.

Henry's dictatorship was also temporary in character. His supremacy over the Church was royal, and not parliamentary. It was he, and not Parliament, who had been invested with a semi-ecclesiastical nature. In one capacity he was head of the State, in another, head of the Church. Parliament and Convocation were co-ordinate one with another, and subordinate both to the King. The Tudors, and especially Elizabeth, vehemently denied to their Parliaments any share in their ecclesiastical powers. Their supremacy over the Church was their own, and, as a really effective control, it died with them. As the authority of the Crown declined, its secular powers were seized by Parliament; its ecclesiastical powers fell into abeyance between Parliament and Convocation. Neither has been able to vindicate an exclusive claim to the inheritance; and the result of this dual claim to control has been a state of helplessness, similar in some respects to that from which the Church was rescued by the violent methods of Henry VIII.[932]

CHAPTER XIII.

THE CRISIS.

Henry's title as Supreme Head of the Church was incorporated in the royal style by letters patent of 15th January, 1535,[933] and that year was mainly employed in compelling its recognition by all sorts and conditions of men. In April, Houghton, the Prior of the Charterhouse, a monk of Sion, and the Vicar of Isleworth, were the first victims offered to the Supreme Head. But the machinery supplied by Parliament was barely sufficient to bring the penalties of the statute to bear on the two most illustrious of Henry's opponents, Fisher and More. Both had been attainted of misprision of treason by Acts of Parliament in the previous autumn; but those penalties extended no further than to lifelong imprisonment and forfeiture of goods. Their lives could only be exacted by proving that they had maliciously attempted to deprive Henry of his title of Supreme Head;[934] their opportunities in the Tower for compassing that end were limited; and it is possible that they would not have been further molested, but for the thoughtlessness of Clement's successor, Paul III. Impotent to effect anything against the King, the Pope did his best to sting Henry to fury by creating Fisher a cardinal on 20th May. He afterwards explained that he meant no harm, but the harm was done, and it involved Fisher's friend and ally, Sir Thomas More. Henry declared that he would send the new cardinal's head to Rome for the hat; and he immediately despatched commissioners to the Tower to inform Fisher and More that, unless they acknowledged the royal supremacy, they would be put to death as traitors.[935] Fisher apparently denied the King's supremacy, More refused to answer; he was, however, entrapped during a conversation with the Solicitor-General, Rich, into an admission that Englishmen could not be bound to acknowledge a supremacy over the Church in which other countries did not concur. In neither case was it clear that they came within the clutches of the law. Fisher, indeed, had really been guilty of treason. More than once he had urged Chapuys to press upon Charles the invasion of England, a fact unknown, perhaps, to the English Government.[936] The evidence it had collected was, however, considered sufficient by the juries which tried the prisoners; Fisher went to the scaffold on 22nd June, and More on 6th July. Condemned justly or not by the law, both sought their death in a quarrel which is as old as the hills and will last till the crack of doom. Where shall we place the limits of conscience, and where those of the national will? Is conscience a luxury which only a king may enjoy in peace? Fisher and More refused to accommodate theirs to Acts of Parliament, but neither believed conscience to be the supreme tribunal.[937] More admitted that in temporal matters his conscience was bound by the laws of England; in spiritual matters the conscience of all was bound by the will of Christendom; and on that ground both Fisher and he rejected the plea of conscience when urged by heretics condemned to the flames. The dispute, indeed, passes the wit of man to decide. If conscience must reign supreme, all government is a pis aller, and in anarchy the true millennium must be found. If conscience is deposed, man sinks to the level of the lower creation. Human society can only be based on compromise, and compromise itself is a matter of conscience. Fisher and More protested by their death against a principle which they had practised in life; both they and the heretics whom they persecuted proclaimed, as Antigone had done thousands of years before,[938] that they could not obey laws which they could not believe God had made.

It was the personal eminence of the victims rather than the merits of their case that made Europe thrill with horror at the news of their death; for thousands of others were sacrificing their lives in a similar cause in most of the countries of Christendom. For the first and last time in English history a cardinal's head had rolled from an English scaffold; and Paul III. made an effort to bring into play the artillery of his temporal powers. As supreme lord over all the princes of the earth, he arrogated to himself the right to deprive Henry VIII. of his kingdom; and he sent couriers to the various courts to seek their co-operation in executing his judgment. But the weapons of Innocent III. were rusty with age. Francis denounced the Pope's claim as a most impudent attack on monarchical dignity; and Charles was engaged in the conquest of Tunis. Thus Henry was able to take a high tone in reply to the remonstrances addressed to him, and to proceed undisturbed with the work of enforcing his royal supremacy. The autumn was occupied mainly by a visitation of the monasteries and of the universities of Oxford and Cambridge; the schoolmen, Thomas Aquinas, Duns Scotus and others were deposed from the seat of authority they had held for so many centuries, and efforts were made to substitute studies like that of the civil law, more in harmony with the King's doctrine and with his views of royal authority.

The more boldly Henry defied the Fates, the more he was favoured by Fortune. "Besides his trust in his subjects," wrote Chapuys in 1534, "he has great hope in the Queen's death;"[939] and the year 1536 was but eight days old when the unhappy Catherine was released from her trials, resolutely refusing to the last to acknowledge in any way the invalidity of her marriage with Henry. She had derived some comfort from the papal sentence in her favour, but that was not calculated to soften the harshness with which she was treated. Her pious soul, too, was troubled with the thought that she had been the occasion, innocent though she was, of the heresies that had arisen in England, and of the enormities which had been practised against the Church. Her last days were cheered by a visit from Chapuys,[940] who went down to Kimbolton on New Year's Day and stayed until the 5th of January, when the Queen seemed well on the road to recovery. Three days later she passed away, and on the 29th she was buried with the state of a princess dowager in the church of the Benedictine abbey at Peterborough. Her physician told Chapuys that he suspected poison, but the symptoms are now declared, on high medical authority, to have been those of cancer of the heart.[941] The suspicion was the natural result of the circumstance that her death relieved the King of a pressing anxiety. "God be praised!" he exclaimed, "we are free from all suspicion of war;"[942] and on the following day he proclaimed his joy by appearing at a ball, clad in yellow from head to foot.[943] Every inch a King, Henry VIII. never attained to the stature of a gentleman, but even Bishop Gardiner wrote that by Queen Catherine's death "God had given sentence" in the divorce suit between her and the King.[944]

A week later, the Reformation Parliament met for its seventh and last session. It sat from 4th February to 14th April, and in those ten weeks succeeded in passing no fewer than sixty-two Acts. Some were local and some were private, but the residue contained not a few of public importance. The fact that the King obtained at last his Statute of Uses[945] may indicate that Henry's skill and success had so impressed Parliament, that it was more willing to acquiesce in his demands than it had been in its earlier sessions. But, if the drafts in the Record Office are to be taken as indicating the proposals of Government, and the Acts themselves are those proposals as modified in one or other House, Parliament must have been able to enforce views of its own to a certain extent; for those drafts differ materially from the Acts as finally passed.[946] Not a few of the bills were welcome, if unusual, concessions to the clergy. They were relieved from paying tenths in the year they paid their first-fruits. The payment of tithes, possibly rendered doubtful in the wreck of canon law, was enjoined by Act of Parliament. An attempt was made to deal with the poor, and another, if not to check enclosures, at least to extract some profit for the King from the process. It was made high treason to counterfeit the King's sign-manual, privy signet, or privy seal; and Henry was empowered by Parliament, as he had before been by Convocation, to appoint a commission to reform the canon law. But the chief acts of the session were for the dissolution of the lesser monasteries and for the erection of a Court of Augmentations in order to deal with the revenues which were thus to accrue to the King.

The way for this great revolution had been carefully prepared during the previous autumn and winter. In virtue of his new and effective supremacy, Henry had ordered a general visitation of the monasteries throughout the greater part of the kingdom; and the reports of these visitors were made the basis of parliamentary action. On the face of them they represent a condition of human depravity which has rarely been equalled;[947] and the extent to which those reports are worthy of credit will always remain a point of contention. The visitors themselves were men of doubtful character; indeed, respectable men could hardly have been persuaded to do the work. Their methods were certainly harsh; the object of their mission was to get up a case for the Crown, and they probably used every means in their power to induce the monks and the nuns to incriminate themselves. Perhaps, too, an entirely false impression may be created by the fact that in most cases only the guilty are mentioned; the innocent are often passed over in silence, and the proportion between the two is not recorded. Some of the terms employed in the reports are also open to dispute; it is possible that in many instances the stigma of unchastity attached to a nun merely meant that she had been unchaste before entering religion,[948] and it is known that nunneries were considered the proper resort for ladies who had not been careful enough of their honour.

On the other hand, the lax state of monastic morality does not depend only upon the visitors' reports; apart from satires like those of Skelton, from ballads and from other mirrors of popular opinion or prejudice, the correspondence of Henry VIII.'s reign is, from its commencement, full of references, by bishops and other unimpeachable witnesses, to the necessity of drastic reform. In 1516, for instance, Bishop West of Ely visited that house, and found such disorder that he declared its continuance would have been impossible but for his visitation.[949] In 1518 the Italian Bishop of Worcester writes from Rome that he had often been struck by the necessity of reforming the monasteries.[950] In 1521 Henry VIII., then at the height of his zeal for the Church, thanks the Bishop of Salisbury for dissolving the nunnery of Bromehall because of the "enormities" practised there.[951] Wolsey felt that the time for reform had passed, and began the process of suppression, with a view to increasing the number of cathedrals and devoting other proceeds to educational endowments. Friar Peto, afterwards a cardinal, who had fled abroad to escape Henry's anger for his bold denunciation of the divorce, and who had no possible motive for cloaking his conscientious opinion, admitted that there were grave abuses, and approved of the dissolution of monasteries, if their endowments were used for proper ends.[952] There is no need to multiply instances, because a commission of cardinals, appointed by Paul III. himself, reported in 1537 that scandals were frequent in religious houses.[953] The reports of the visitors, too, can hardly be entirely false, though they may not be entirely true. The charges they make are not vague, but very precise. They specify names of the offenders, and the nature of their offences; and an air of verisimilitude, if nothing more, is imparted to the condemnations they pronounce against the many, by the commendations they bestow on the few.[954]

Probably the staunchest champion of monasticism would acknowledge that in the reign of Henry VIII. there was at least a plausible case for mending monastic morals. But that was not then the desire of the Government of Henry VIII.; and the case for mending their morals was tacitly assumed to be the same as a case for ending the monasteries. It would be unjust to Henry to deny that he had always shown himself careful of the appearance, at least, of morality in the Church; but it requires a robust faith in the King's disinterestedness to believe that dissolution was not the real object of the visitation, and that it was merely forced upon him by the reports of the visitors. The moral question afforded a good excuse, but the monasteries fell, not so much because their morals were lax, as because their position was weak. Moral laxity contributed no doubt to the general result, but there were other causes at work. The monasteries themselves had long been conscious that their possession of wealth was not, in the eyes of the middle-class laity, justified by the use to which it was put; and, for some generations at least, they had been seeking to make friends with Mammon by giving up part of their revenues, in the form of pensions and corrodies to courtiers, in the hope of being allowed to retain the remainder.[955] It had also become the custom to entrust the stewardship of their possessions to secular hands; and, possibly as a result, the monasteries were soon so deeply in debt to the neighbouring gentry that their lay creditors saw no hope of recovering their claims except by extensive foreclosures.[956] There had certainly been a good deal of private spoliation before the King gave the practice a national character. The very privileges of the monasteries were now turned to their ruin. Their immunity from episcopal jurisdiction deprived them of episcopal aid; their exemption from all authority, save that of the Pope, left them without support when the papal jurisdiction was abolished. Monastic orders knew no distinction of nationality. The national character claimed for the mediæval Church in England could scarcely cover the monasteries, and no place was found for them in the Church when it was given a really national garb.

Their dissolution is probably to be connected with Cromwell's boast that he would make his king the richest prince in Christendom. That was not its effect, because Henry was compelled to distribute the greater part of the spoils among his nobles and gentry. One rash reformer suggested that monastic lands should be devoted to educational purposes;[957] had that plan been followed, education in England would have been more magnificently endowed than in any other country of the world, and England might have become a democracy in the seventeenth century. From this point of view Henry spoilt one of the greatest opportunities in English history; from another, he saved England from a most serious danger. Had the Crown retained the wealth of the monasteries, the Stuarts might have made themselves independent of Parliament. But this service to liberty was not voluntary on Henry's part. The dissolution of the monasteries was in effect, and probably in intention, a gigantic bribe to the laity to induce them to acquiesce in the revolution effected by Henry VIII. When he was gone, his successors might desire, or fail to prevent, a reaction; something more permanent than Henry's iron hand was required to support the fabric he had raised. That support was sought in the wealth of the Church. The prospect had, from the very opening of the Reformation Parliament, been dangled before the eyes of the new nobles, the members of Parliament, the justices of the peace, the rich merchants who thirsted for lands wherewith to make themselves gentlemen. Chapuys again and again mentions a scheme for distributing the lands of the Church among the laity as a project for the ensuing session; but their time was not yet; not until their work was done were the labourers to reap their reward.[958] The dissolution of the monasteries harmonised well with the secular principles of these predominant classes. The monastic ideal of going out of the world to seek something, which cannot be valued in terms of pounds, shillings and pence, is abhorrent to a busy, industrial age; and every principle is hated most at the time when it most is needed.

Intimately associated as they were in their lives, Catherine of Aragon and Anne Boleyn were not long divided by death; and, piteous as is the story of the last years of Catherine, it pales before the hideous tragedy of the ruin of Anne Boleyn. "If I have a son, as I hope shortly, I know what will become of her," wrote Anne of the Princess Mary.[959] On 29th January, 1536, the day of her rival's funeral, Anne Boleyn was prematurely delivered of a dead child, and the result was fatal to Anne herself. This was not her first miscarriage,[960] and Henry's old conscience began to work again. In Catherine's case the path of his conscience was that of a slow and laborious pioneer; now it moved easily on its royal road to divorce. On 29th January, Chapuys, ignorant of Anne's miscarriage, was retailing to his master a court rumour that Henry intended to marry again. The King was reported to have said that he had been seduced by witchcraft when he married his second queen, and that the marriage was null for this reason, and because God would not permit them to have male issue.[961] There was no peace for her who supplanted her mistress. Within six months of her marriage Henry's roving fancy had given her cause for jealousy, and, when she complained, he is said to have brutally told her she must put up with it as her betters had done before.[962] These disagreements, however, were described by Chapuys as mere lovers' quarrels, and they were generally followed by reconciliations, after which Anne's influence seemed as secure as ever. But by January, 1536, the imperial ambassador and others were counting on a fresh divorce. The rumour grew as spring advanced, when suddenly, on 2nd May, Anne was arrested and sent to the Tower. She was accused of incest with her brother, Lord Rochford, and of less criminal intercourse with Sir Francis Weston, Henry Norris, William Brereton, and Mark Smeaton. All were condemned by juries to death for high treason on 12th May. Three days later Anne herself was put on her trial by a panel of twenty-six peers, over which her uncle, the Duke of Norfolk, presided.[963] They returned a unanimous verdict of guilty, and, on the 19th, the Queen's head was struck off with the sword of an executioner brought for the purpose from St. Omer.[964]

Two days before Anne's death her marriage with Henry had been declared invalid by a court of ecclesiastical lawyers with Cranmer at its head. The grounds of the sentence are not stated, but there may have been two—the alleged precontract with the Earl of Northumberland, which the Earl denied on oath and on the sacrament, and the previous affinity between Anne and Henry arising from the King's relations with Mary Boleyn. The latter seems the more probable. Henry had obtained of Clement VII. a dispensation from this disability; but the Pope's power to dispense had since been repudiated, while the canonical objection remained and was given statutory authority in this very year.[965] The effects of this piece of wanton injustice were among the troubles which Henry bequeathed to Queen Elizabeth; the sole advantage to Henry was that his infidelities to Anne ceased to be breaches of the seventh commandment. The justice of her sentence to death is also open to doubt. Anne herself went to the block boldly proclaiming her innocence.[966] Death she regarded as a relief from an intolerable situation, and she "laughed heartily," writes the Lieutenant of the Tower as she put her hands round her "little neck," and thought how easy the executioner's task would be.[967] She complained when the day of her release from this world was deferred, and regretted that so many innocent persons should suffer through her. Of her accomplices, none confessed but Smeaton, though Henry is said, before Anne's arrest, to have offered Norris a pardon if he would admit his crime. On the other hand, her conduct must have made the charges plausible. Even in those days, when justice to individuals was regarded as dust if weighed in the balance against the real or supposed interests of the State, it is not credible that the juries should have found her accomplices guilty, that twenty-six peers, including her uncle, should have condemned Anne herself, without some colourable justification. If the charges were merely invented to ruin the Queen, one culprit besides herself would have been enough. To assume that Henry sent four needless victims to the block is to accuse him of a lust for superfluous butchery, of which even he, in his most bloodthirsty moments, was not capable.[968]

On the day that his second queen was beheaded, Henry obtained from Cranmer a special licence to marry a third.[969] He was betrothed on the morrow and privately married "in the Queen's closet at York Place" on the 30th of May. The lady of his choice was Jane, daughter of Sir John Seymour of Wolf Hall in Wiltshire.[970] She was descended on her mother's side from Edward III., and Cranmer had to dispense with a canonical bar to the marriage arising from her consanguinity to the King in the third and fourth degrees. She had been lady-in-waiting to the two previous queens, and her brother, Sir Edward Seymour, the future Protector, had for years been steadily rising in Henry's favour. In October, 1535, the King had paid a visit to Wolf Hall, and from that time his attentions to Jane became marked. She seems to have received them with real reluctance; she refused a purse of gold and returned the King's letters unopened.[971] She even obtained a promise from Henry that he would not speak with her except in the presence of others, and the King ejected Cromwell from his rooms in the Palace in order to bestow them on Sir Edward Seymour, and thus to provide a place where he and Jane could converse without scandal. All this modesty has, of course, been attributed to prudential and ambitious motives, which were as wise as they were successful. But Jane seems to have had no enemies, except Alexander Aless, who denounced her to Luther as an enemy to the Gospel, probably because she extinguished the shining light of Anne Boleyn.[972] Cardinal Pole described her as "full of goodness,"[973] and she certainly did her best to reconcile Henry with his daughter the Princess Mary, whose treatment began to improve from the fall of Anne Boleyn. "She is," writes Chapuys, "of middle stature, and no great beauty; so fair that one would call her rather pale than otherwise."[974] But all agreed in praising her intelligence. She had neither Catherine's force of character nor the temper of Anne Boleyn; she was a woman of gentle spirit, striving always to mitigate the rigour of others; her brief married life was probably happier than that of any other of Henry's Queens; and her importance is mainly due to the fact that she bore to Henry his only legitimate son.

The disgrace of Anne Boleyn necessitated the summons of a fresh Parliament to put the succession to the crown on yet another basis. The Long Parliament had been dissolved on 14th April; another was called to meet on the 8th of June. The eighteen acts passed during its six weeks' session illustrate the parallel development of the Reformation and of the royal autocracy. The Act of Succession made Anne's daughter, Elizabeth, a bastard, without declaring Catherine's daughter, Mary, legitimate, and settled the crown on Henry's prospective issue by Jane. A unique clause empowered the King to dispose of the crown at will, should he have no issue by his present Queen.[975] Probably he intended it, in that case, for the Duke of Richmond; but the Duke's days were numbered, and four days after the dissolution of Parliament he breathed his last. The royal prerogative was extended by a statute enabling a king, when he reached the age of twenty-four, to repeal by proclamation any act passed during his minority; and the royal caste was further exalted by a statute making it high treason for any one to marry a king's daughter, legitimate or not, his sister, his niece, or his aunt on the father's side, without royal licence. The reform of clerical abuses was advanced by an act to prevent non-residence, and by another to obviate the delay in instituting to benefices practised by bishops with a view to keeping the tithes of the vacant benefice in their own hands. The breach with Rome was widened still further by a statute, declaring all who extolled the Pope's authority to be guilty of præmunire, imposing an oath of renunciation on all lay and clerical officers, and making the refusal of that oath high treason. Thus the hopes of a reaction built on the fall of those "apostles of the new sect," Anne Boleyn and her relatives, were promptly and roughly destroyed.

Henry's position had been immensely strengthened alike by the death of Catherine of Aragon and by the fall of Anne Boleyn; and on both occasions he had expressed his appreciation of the fact in the most indecent and heartless manner. He was now free to marry whom he liked, and no objection based on canon or on any other law could be raised to the legitimacy of his future issue; whether the Pope could dispense or not, it made no difference to Edward VI.'s claim to the throne. The fall of Anne Boleyn, in spite of some few rumours that she might have been condemned on insufficient evidence, was generally popular; for her arrogance and that of her family made them hated, and they were regarded as the cause of the King's persecution of Catherine, of Mary, and of those who maintained their cause. Abroad the effect was still more striking. The moment Henry heard of Catherine's death, he added a postscript to Cromwell's despatch to the English ambassadors in France, bidding them to take a higher tone with Francis, for all cause of difference had been removed between him and Charles V.[976] The Emperor secretly believed that his aunt had been poisoned,[977] but that private grief was not to affect his public policy; and Charles, Francis, and even the Pope, became more or less eager competitors for Henry's favour. The bull of deprivation, which had been drawn up and signed, became a dead letter, and every one was anxious to disavow his share in its promotion. Charles obtained the suspension of its publication, made a merit of that service to Henry, and tried to represent that it was Francis who, with his eyes on the English crown, had extorted the bull from the Pope.[978] Paul III. himself used words to the English envoy at Rome, which might be interpreted as an apology for having made Fisher a cardinal and having denounced his and More's execution.[979]

Henry had been driven by fear of Charles in the previous year to make further advances than he relished towards union with the German princes; but the Lutherans could not be persuaded to adopt Henry's views of the mass and of his marriage with Catherine; and now he was glad to substitute an understanding with the Emperor for intrigues with the Emperor's subjects.[980] Cromwell and the council were, indeed, a little too eager to welcome Chapuys' professions of friendship and to entertain his demands for help against Francis. Henry allowed them to go on for a time; but Cromwell was never in Wolsey's position, and the King was not inclined to repeat his own and the Cardinal's errors of 1521. He had suffered enough from the prostration of France and the predominance of Charles; and he was anxious now that neither should be supreme. So, when the imperial ambassador came expecting Henry's assent, he, Cromwell and the rest of the council were amazed to hear the King break out into an uncompromising defence of the French King's conduct in invading Savoy and Piedmont.[981] That invasion was the third stroke of good fortune which befel Henry in 1536. As Henry and Ferdinand had, in 1512, diverted their arms from the Moors in order to make war on the Most Christian King, so, in 1536, the Most Christian King and the sovereign, who was at once King Catholic and the temporal head of Christendom, instead of turning their arms against the monarch who had outraged and defied the Church, turned them against one another. Francis had never lost sight of Milan; he had now recovered from the effects of Pavia; and in the spring of 1536 he overran Savoy and Piedmont. In April the Emperor once more visited Rome, and on the 17th he delivered a famous oration in the papal Consistory.[982] In that speech he denounced neither Luther nor Henry VIII.; he reserved his invectives for Francis I. Unconsciously he demonstrated once and for all that unity of faith was impotent against diversity of national interests, and that, whatever deference princes might profess to the counsels of the Vicar of Christ, the counsels they would follow would be those of secular impulse.

Henry was thus left to deal with the great domestic crisis of his reign without intervention from abroad. The dissolution of the monasteries inevitably inflicted considerable hardship on a numerous body of men. It had been arranged that the inmates of the dissolved religious houses should either be pensioned or transferred to other monasteries; but, although the pensions were adequate and sometimes even generous in scale,[983] and although the commissioners themselves showed a desire to prevent unnecessary trouble by obtaining licences for many houses to continue for a time,[984] the monks found some difficulty in obtaining their pensions, and Chapuys draws a moving picture of their sufferings as they wandered about the country, seeking employment in a market that was already overstocked with labour, and endeavouring to earn a livelihood by means to which they had never been accustomed.[985] They met with no little sympathy from the commons, who were oppressed with a like scarcity of work, and who had looked to the monasteries for such relief as charity could afford. Nowhere were these feelings so strong as in the north of England, and there the commissioners for dissolving the monasteries were often met with open resistance. Religious discontent was one of the motives for revolt, but probably the rebels were drawn mainly[986] from evicted tenants, deprived of their holdings by enclosures or by the conversion of land from tillage to pasture, men who had nothing to lose and everything to gain by a general turmoil. In these men the wandering monks found ready listeners to their complaints, and there were others, besides the monks, who eagerly turned to account the prevailing dissatisfaction. The northern lords, Darcy and Hussey, had for years been representing to Chapuys the certainty of success if the Emperor invaded England, and promising to do their part when he came. Darcy had, at Christmas 1534, sent the imperial ambassador a sword as an intimation that the time had come for an appeal to its arbitrament; and he was seeking Henry's licence to return to his house in Yorkshire in order to raise "the crucifix" as the standard of revolt.[987] The King, however, was doubtful of Darcy's loyalty, and kept him in London till early in 1536. It would have been well had he kept him longer.

Towards the end of the summer rumours[988] were spread among the commons of the North that heavy taxes would be levied on every burial, wedding and christening, that all cattle would be marked and pay a fine to the King, and that all unmarked beasts would be forfeit; churches within five miles of each other were to be taken down as superfluous, jewels and church plate confiscated; taxes were to be paid for eating white bread, goose, or capon; there was to be a rigid inquisition into every man's property; and a score of other absurdities gained currency, obviously invented by malicious and lying tongues. The outbreak began at Caistor, in Lincolnshire, on the 3rd of October, with resistance, not to the commissioners for dissolving the monasteries, but to those appointed to collect the subsidy granted by Parliament. The rebels entered Lincoln on the 6th; they could, they said, pay no more money; they demanded the repeal of religious changes, the restoration of the monasteries, the banishment of heretics like Cranmer and Latimer, and the removal of low-born advisers such as Cromwell and Rich from the council.[989] The mustering of an army under Suffolk and the denial by heralds and others that the King had any such intentions as were imputed to him, induced the commons to go home; the reserves which Henry was collecting at Ampthill were disbanded; and the commotion was over in less than a fortnight.

The Lincolnshire rebels, however, had not dispersed when news arrived of a much more serious rising which affected nearly the whole of Yorkshire. It was here that Darcy and his friends were most powerful; but, though there is little doubt that they were the movers, the ostensible leader was Robert Aske, a lawyer. Even here the rebellion was little more than a magnified riot, which a few regiments of soldiers could soon have suppressed. The rebels professed complete loyalty to Henry's person; they suggested no rival candidate for the throne; they merely demanded a change of policy, which they could not enforce without a change of government. They had no means of effecting that change without deposing Henry, which they never proposed to do, and which, had they done it, could only have resulted in anarchy. The rebellion was formidable mainly because Henry had no standing army; he had to rely almost entirely on the goodwill or at least acquiescence of his people. Outside Yorkshire the gentry were willing enough; possibly they had their eyes on monastic rewards; and they sent to Cambridge double[990] or treble the forces Henry demanded, which they could hardly have done had their tenants shown any great sympathy with the rebellion. But transport in those days was more difficult even than now; and before the musters could reach the Trent, Darcy, after a show of reluctance, yielded Pomfret Castle to the rebels and swore to maintain their cause. Henry was forced, much against his will, to temporise. To pardon or parley with rebels he thought would distain his honour.[991] If Norfolk was driven to offer a pardon, he must on no account involve the King in his promise.

Norfolk apparently had no option. An armistice was accordingly arranged on the 27th of October, and a deputation came up to lay the rebels' grievances before the King. It was received graciously, and Henry's reply was a masterly piece of statecraft.[992] He drew it up "with his own hand, and made no creature privy thereto until it was finished". Their complaints about the Faith were, he said, "so general that hard they be to be answered," but he intended always to live and to die in the faith of Christ. They must specify what they meant by the liberties of the Church, whether they were lawful or unlawful liberties; but he had done nothing inconsistent with the laws of God and man. With regard to the Commonwealth, what King had kept his subjects so long in wealth and peace, ministering indifferent justice, and defending them from outward enemies? There were more low-born councillors when he came to the throne than now; then there were "but two worth calling noble.[993] Others, as the Lords Marny and Darcy, were scant well-born gentlemen, and yet of no great lands till they were promoted by us. The rest were lawyers and priests.... How came you to think that there were more noble men in our Privy Council then than now?" It did not become them to dictate to their sovereign whom he should call to his Council; yet, if they could prove, as they alleged, that certain of the Council were subverters of God's law and the laws of the realm, he would proceed against them. Then, after denouncing their rebellion and referring to their request for pardon, he says: "To show our pity, we are content, if we find you penitent, to grant you all letters of pardon on your delivering to us ten such ringleaders of this rebellion as we shall assign to you. Now note the benignity of your Prince, and how easily bloodshed may be eschewed. Thus I, as your head, pray for you, my members, that God may enlighten you for your benefit."

A conference was held at Doncaster in December,[994] and towards the end of the year Aske came at Henry's invitation to discuss the complaints with him.[995] No one could be more gracious than the King, when he chose; no one could mask his resentment more completely, when he had an object to gain. It was important to win over Aske, and convince him that Henry had the interests of the rebels at heart. So on Aske were lavished all the royal arts. They were amply rewarded. In January, 1537, the rebel leader went down to Yorkshire fully convinced of the King's goodwill, and anxious only that the commons should observe his conditions.[996] But there were wilder spirits at work over which he had little control. They declared that they were betrayed. Plots were formed to seize Hull and Scarborough; both were discovered.[997] Aske, Constable, and other leaders of the original Pilgrimage of Grace exerted themselves to stay this outbreak of their more violent followers; and between moderates and extremists the whole movement quickly collapsed. The second revolt gave Henry an excuse for recalling his pardon, and for exacting revenge from all who had been implicated in either movement. Darcy deserved little pity; the earliest in his treason, he continued the game to the end; but Aske was an honest man, and his execution, condemned though he was by a jury, was a violent act of injustice.[998] Norfolk was sent to the North on a Bloody Assize,[999] and if neither he nor the King was a Jeffreys, the rebellion was stamped out with a good deal of superfluous cruelty. Henry was resolved to do the work once and for all, and he based his system on terror. His measures for the future government of the North, now threatened by James V., were, however, wise on the whole. He would put no more nobles in places of trust; the office of Warden of the Marches he took into his own hands, appointing three deputies of somewhat humble rank for the east, middle and west marches.[1000] A strong Council of the North was appointed to sit at York, under the presidency of Tunstall, Bishop of Durham, and with powers almost as extensive as those of the Privy Council at London; and henceforth Henry had little trouble from disaffection in England.[1001]

With one aftermath of the Pilgrimage of Grace he had yet to deal. The opportunity had been too good for Paul III. to neglect; and early in 1537 he had sent a legate a latere to Flanders to do what he could to abet the rebellion.[1002] His choice fell on Reginald Pole, the son of the Countess of Salisbury and grandson of George, Duke of Clarence. Pole had been one of Henry's great favourites; the King had paid for his education, given him, while yet a layman, rich church preferments, and contributed the equivalent of about twelve hundred pounds a year to enable him to complete his studies in Italy.[1003] In 1530 Pole was employed to obtain opinions at Paris favourable to Henry's divorce,[1004] and was offered the Archbishopric of York. He refused from conscientious scruples,[1005] sought in vain to turn the King from his evil ways, and, in 1532, left England; they parted friends, and Henry continued Pole's pensions. While Pole was regarding with increasing disgust the King's actions, Henry still hoped that Pole was on his side, and, in 1536, in answer to Henry's request for his views, Pole sent his famous treatise De Unitate Ecclesiæ. His heart was better than his head; he thought Henry had been treated too gently, and that the fulmination of a bull of excommunication earlier in his course would have stopped his headlong career. To repair the Pope's omissions, Pole now proceeded to administer the necessary castigation; "flattery," he said, "had been the cause of all the evil". Even his friend, Cardinal Contarini, thought the book too bitter, and among his family in England it produced consternation.[1006] Some of them were hand in glove with Chapuys, who had suggested Pole to Charles as a candidate for the throne; and his book might well have broken the thin ice on which they stood. Henry, however, suppressed his anger and invited Pole to England; he, perhaps wisely, refused, but immediately afterwards he accepted the Pope's call to Rome, where he was made cardinal,[1007] and sent to Flanders as legate to foment the northern rebellion.

He came too late to do anything except exhibit his own and the papal impotence. The rebellion was crushed before his commission was signed. As Pole journeyed through France, Henry sent to demand his extradition as a traitor.[1008] With that request Francis could hardly comply, but he ordered the legate to quit his dominions. Pole sought refuge in Flanders, but was stopped on the frontier. Charles could no more than Francis afford to offend the English King, and the cardinal-legate was informed that he might visit the Bishop of Liège, but only if he went in disguise.[1009] Never, wrote Pole to the Regent, had a papal legate been so treated before. Truly Henry had fulfilled his boast that he would show the princes of Europe how small was the power of a Pope. He had obliterated every vestige of papal authority in England and defied the Pope to do his worst; and now, when the Pope attempted to do it, his legate was chased out of the dominions of the faithful sons of the Church at the demand of the excommunicate King. Henry had come triumphant out of perils which every one else believed would destroy him. He had carried England through the greatest revolution in her history. He had crushed the only revolt which that revolution evoked at home; and abroad the greatest princes of Europe had shown that they valued as nothing the goodwill of the Pope against that of Henry VIII.

The culminating point in his good fortune was reached in the following autumn. On the 12th of October, 1537, Queen Jane gave birth to a son. Henry had determined that, had he a son by Anne Boleyn, the child should be named Henry after himself, or Edward after his grandfather, Edward IV. Queen Jane's son was born on the eve of the feast of St. Edward, and that fact decided the choice of his name. Twelve days later the mother, who had never been crowned, passed away.[1010] She, alone of Henry's wives, was buried with royal pomp in St. George's Chapel at Windsor; and to her alone the King paid the compliment of mourning. His grief was sincere, and for the unusual space of more than two years he remained without a wife. But Queen Jane's death was not to be compared in importance with the birth of Edward VI. The legitimate male heir, the object of so many desires and the cause of so many tragedies, had come at last to fill to the brim the cup of Henry's triumph. The greatest storm and stress of his reign was passed. There were crises to come, which might have been deemed serious in a less troubled reign, and they still needed all Henry's wary cunning to meet; Francis and Charles were even now preparing to end a struggle from which only Henry drew profit; and Paul was hoping to join them in war upon England. Yet Henry had weathered the worst of the gale, and he now felt free to devote his energies to the extension abroad of the authority which he had established so firmly at home.

CHAPTER XIV.

REX ET IMPERATOR.

Notwithstanding the absence of "Empire" and "Emperor" from the various titles which Henry VIII. possessed or assumed, he has more than one claim to be reputed the father of modern imperialism. It is not till a year after his death that we have any documentary evidence of an intention on the part of the English Government to unite England and Scotland into one Empire, and to proclaim their sovereign the Emperor of Great Britain.[1011] But a marriage between Edward VI. and Mary, Queen of Scots, by which it was sought to effect that union, had been the main object of Henry's efforts during the closing years of his reign, and the imperial idea was a dominant note in Henry's mind. No king was more fond of protesting that he wore an imperial crown and ruled an imperial realm. When, in 1536, Convocation declared England to be "an imperial See of itself," it only clothed in decent and formal language Henry's own boast that he was not merely King, but Pope and Emperor, in his own domains. The rest of Western Europe was under the temporal sway of Cæsar, as it was under the spiritual sway of the Pope; but neither to one nor to the other did Henry owe any allegiance.[1012]

For the word "imperial" itself he had shown a marked predilection from his earliest days. Henry Imperial was the name of the ship in which his admiral hoisted his flag in 1513, and "Imperial" was the name given to one of his favourite games. But, as his reign wore on, the word was translated into action, and received a more definite meaning. To mark his claim to supreme dignity, he assumed the style of "His Majesty" instead of that of "His Grace," which he had hitherto shared with mere dukes and archbishops; and possibly "His Majesty" banished "His Grace" from Henry's mind no less than it did from his title. The story of his life is one of consistent, and more or less orderly, evolution. For many years he had been kept in leading-strings by Wolsey's and other clerical influences. The first step in his self-assertion was to emancipate himself from this control, and to vindicate his authority within the precincts of his Court. His next was to establish his personal supremacy over Church and State in England; this was the work of the Reformation Parliament between 1529 and 1536. The final stage in the evolution was to make his rule more effective in the outlying parts of England, on the borders of Scotland, in Wales and its Marches, and then to extend it over the rest of the British Isles.

The initial steps in the process of expanding the sphere of royal authority had already been taken. The condition of Wales exercised the mind of King and Parliament, even in the throes of the struggle with Rome.[1013] The "manifold robberies, murders, thefts, trespasses, riots, routs, embraceries, maintenances, oppressions, ruptures of the peace, and many other malefacts, which be there daily practised, perpetrated, committed and done," obviously demanded prompt and swift redress, unless the redundant eloquence of parliamentary statutes protested too much; and, in 1534, several acts were passed restraining local jurisdictions, and extending the authority of the President and Council of the Marches.[1014] Chapuys declared that the effect of these acts was to rob the Welsh of their freedom, and he thought that the probable discontent might be turned to account by stirring an insurrection in favour of Catherine of Aragon and of the Catholic faith.[1015] If, however, there was discontent, it did not make itself effectively felt, and, in 1536, Henry proceeded to complete the union of England and Wales. First, he adapted to Wales the institution of justices of the peace, which had proved the most efficient instrument for the maintenance of his authority in England. A more important statute followed. Recalling the facts that "the rights, usages, laws and customs" in Wales "be far discrepant from the laws and customs of this realm," that its people "do daily use a speech nothing like, nor consonant to, the natural mother-tongue used within this realm," and that "some rude and ignorant people have made distinction and diversity between the King's subjects of this realm" and those of Wales, "His Highness, of a singular zeal, love and favour" which he bore to the Welsh, minded to reduce them "to the perfect order, notice and knowledge of his laws of this realm, and utterly to extirp, all and singular, the sinister usages and customs differing from the same". The Principality was divided into shires, and the shires into hundreds; justice in every court, from the highest to the lowest, was to be administered in English, and in no other tongue; and no one who spoke Welsh was to "have or enjoy any manner of Office or Fees" whatsoever. On the other hand, a royal commission was appointed to inquire into Welsh laws, and such as the King thought necessary might still be observed; while the Welsh shires and boroughs were to send members to the English Parliament. This statute was, to all effects and purposes, the first Act of Union in English history. Six years later a further act reorganised and developed the jurisdiction of the Council of Wales and the Marches. Its functions were to be similar to those of the Privy Council in London, of which the Council of Wales, like that of the already established Council of the North, was an offshoot. Its object was to maintain peace with a firm hand in a specially disorderly district; and the powers, with which it was furnished, often conflicted with the common law of England,[1016] and rendered the Council's jurisdiction, like that of other Tudor courts, a grievance to Stuart Parliaments.

But Ireland demanded even more than Wales the application of Henry's doctrines of union and empire; for if Wales was thought by Chapuys to be receptive soil for the seeds of rebellion, sedition across St. George's Channel was ripe unto the harvest. Irish affairs, among other domestic problems, had been sacrificed to Wolsey's passion for playing a part in Europe, and on the eve of his fall English rule in Ireland was reported to be weaker than it had been since the Conquest. The outbreak of war with Charles V., in 1528, was followed by the first appearance of Spanish emissaries at the courts of Irish chiefs, and from Spanish intrigue in Ireland Tudor monarchs were never again to be free. In the autumn of 1534 the whole of Ireland outside the pale blazed up in revolt. Sir William Skeffington succeeded in crushing the rebellion; but Skeffington died in the following year, and his successor, Lord Leonard Grey, failed to overcome the difficulties caused by Irish disaffection and by jealousies in his council. His sister was wife of Fitzgerald, the Earl of Kildare, and the revolt of the Geraldines brought Grey himself under suspicion. He was accused by his council of treason; he returned to England in 1540, declaring the country at peace. But, before he had audience with Henry, a fresh insurrection broke out, and Grey was sent to the Tower; thence, having pleaded guilty to charges of treason, he trod the usual path to the block.

Henry now adopted fresh methods; he determined to treat Ireland in much the same way as Wales. A commission, appointed in 1537, had made a thorough survey of the land, and supplied him with the outlines of his policy. As in Wales, the English system of land tenure, of justice and the English language were to supersede indigenous growths; the King's supremacy in temporal and ecclesiastical affairs was to be enforced, and the whole of the land was to be gradually won by a judicious admixture of force and conciliation.[1017] The new deputy, Sir Anthony St. Leger, was an able man, who had presided over the commission of 1537. He landed at Dublin in 1541, and his work was thoroughly done. Henry, no longer so lavish with his money as in Wolsey's days, did not stint for this purpose.[1018] The Irish Parliament passed an act that Henry should be henceforth styled King, instead of Lord, of Ireland; and many of the chiefs were induced to relinquish their tribal independence in return for glittering coronets. By 1542 Ireland had not merely peace within her own borders, but was able to send two thousand kernes to assist the English on the borders of Scotland; and English rule in Ireland was more widely and more firmly established than it had ever been before.