"And furthermore, we do not only by our said prerogative CHAP royal, and supreme authority in causes ecclesiastical ratify, IV confirm, and establish, by these our letters patent, the said canons, orders, ordinances, and constitutions, and all and every thing in them contained, as is aforesaid; but do likewise propound, publish, and straightway enjoin and command by our said authority, and by these our letters patent, the same to be diligently observed, executed, and equally kept by all our loving subjects of this our kingdom both within the provinces of Canterbury and York, in all points wherein they do or may concern every or any of them, according to this our will and pleasure hereby signified and expressed."

the Crown

The consideration and construction of canons is, Existing therefore, even under the laws of Henry VIII., relation of decided by precedent to be within the ordinary tion and power of Convocation, sitting by the sovereign's license; but their legal status is given by the assent of the Crown, which also publishes, promulgates, and enjoins their observance by the same letters patent in which that assent is given. The power of refusing assent gives to the Crown, of course, a veto respecting Acts of Convocation similar to that which it possesses in respect to Acts of Parliament.

The four years of the Reformation period which have been considered in this chapter, were thus very eventful years as regards the relations of the Crown of England to the Church of England: but, after all, the courage of the clergy in Convocation secured, under God's providence, the future freedom of the Church, even though it was obliged to bow for a few years to the yoke of Henry VIII.'s illegal tyranny.

CHAPTER V

CHAP

V

THE REPUDIATION OF PAPAL JURISDICTION

[A.D. 1531-1534]

URING the progress of the divorce business it

had gradually been growing upon men's minds that whether the King was right or wrong in his endeavours to put away an old wife and take a young one in her place, the Pope was assuredly claiming a more than usually extravagant authority by the course which he was pursuing: and there began to be a freedom of thought and a freedom of speech about the matter, which foreshadowed a great change. Wise men who knew the history of preceding times, felt the approach of a climax in that standing quarrel between England and Rome which had been cropand Rome ping up in a more or less conspicuous degree during

The old quarrel between England

several centuries. But few, even of the wise, could see their way clearly to a new order of things. The authority of Rome might be repudiated by the English Church and nation, but what was to be substituted in its place? Were there any true and just principles of ecclesiastical independence, such as would allow freedom to the English Church, and yet maintain its Catholic position undamaged? The

V

problem was settled by what men call an accident, CHAP as many other problems have been settled before and since; and one can hardly wonder, considering the hold which the papal theory had gained on the world by the constant bold persistence of Italian statesmen, that it was settled in no more direct

manner.

free treat.

Popes

During the whole time of Wolsey's government, there had been a growing disposition to deal with the court of Rome on more independent terms than had been customary. Frequent complaints had come from Rome that the Pope of the day thought Wolsey's himself slighted, and the complaints seem to have ment of had a foundation in facts. In October, 1514, the Bishop of Worcester wrote to Wolsey that Leo X. had expressed displeasure at an arrangement made between England and France for the marriage of the Princess Mary to the Dauphin, without any notice whatever being given to his Holiness of the negotiations that had been going on.1 Nor was a word said to him officially of Suffolk's marriage with the King's sister. And even while Wolsey, about the same time, was making interest at Rome for the cardinalate, he boldly remonstrated against the papal exaction of "two annates" in one year from the see of Lincoln, and urges that restitution must be made.2

remon

Remonstrances from the Pope respecting the treat- Papal ment he was receiving from England seem, indeed, strances to have abounded about this time. The sub-collector of Peter's pence wrote to the Bishop of Bath on March 3, 1515, saying that the people refused to pay them until some dispute then in hand was settled. The letter was intercepted, and its language was of so 1 Brewer's Calend. St. Pap., i. 5543. 2 Ibid., 5465.

Strong language

used to

him

5

CHAP disrespectful a character, that Leo X. thought it worth V while to write to the King himself on the subject.3 But at about the same time Henry was writing one sharp letter to the Pope respecting an unacceptable appointment of a Scotch bishop as legate, and Wolsey was writing another respecting the hesitation shown by his Holiness in forwarding his election to the cardinalatę; and though Leo wrote quite humble replies, both King and minister seem to have punished him by their silence, for in November he writes that he has not heard from England for three He gets no months. The same complaint about want of news is news from thrice made within a few months afterwards, and a England little later his Holiness ventures so far in his remonstrances as to say at one time that he considers the excuses made very unsatisfactory and at another, that he has not heard from England for six months, and never did hear except when people wanted to beg something! Constant complaints are also sent over about the manner in which the papal taxes are withheld by the King and the English people. The Pope "is greatly displeased, and his quiet nature much exasperated" at the refusal of a tenth in 15167 Lord Mountjoy prohibits the sale of indulgences in Tournay and the English ambassador tells the Pope they cannot be sold in England, unless the King's consent is sought, and a fourth or a third of differences the proceeds handed over to his Majesty. At last, the Bishop of Worcester writes to Wolsey, on April 10, 1518, that the state of affairs between England and Rome is becoming very serious, and that the Pope

and too

little money

become

serious

V

openly ex

complains every day" how little he hears from CHAP England.1 At this time, disregard for the Pope was so openly shown, that Giustiniani, the Venetian Disregard ambassador, notices it in his despatch, narrating hibited the reception of Cardinal Campeggio. The legates went to court on August 3, 1518, he says, when mass was celebrated and a sumptuous banquet provided, but "little respect was shown to the See Apostolic."2

sour sauce

Before the divorce business came on, some communication had been made by Wolsey, which the Bishop of Bath calls "sharp, though affectionate letters ;" and he adds an amusing sentence, which gives a pretty good idea of the Cardinal's tone:"His Holiness hath taken this sour sauce, sweetly Anglican powdered, as I trust, to his edification."3 While for the the divorce business was going on, a remarkably bold Pope tone was taken by the English ambassadors, especially by Gardiner and Bonner, in their interviews with the Pope: and whence it received its inspiration is shown by one of Wolsey's last despatches, written on July 27, 1529, in which he bids the ambassadors to tell the Pope, who had signified his intention of summoning the King and Queen before him, "that if his Grace should come at any time to the court of How the Rome, he would do the same with such a main and would atarmy royal as should be formidable to the Pope and tend the all Italy."*

Thus, it is evident, there was a growing disregard for the papacy: and the relations of England and Rome were becoming so shaken, that we must con

1 Brewer's Calend. St. Pap., ii. 3781, 4068.

2 Giustin. Despatches, ii. 206.

3 State Pap., vi. 402 n. Feb. 1525.

4 Ibid., vii, 193,

King

the

Pope's

summons