Read the book: «The Divorce of Catherine of Aragon», page 2

Finally, I do not allow myself to be tempted into controversy with particular writers whose views disagree with my own. To contradict in detail every hostile version of Henry VIII.’s or his ministers’ conduct would be as tedious as it would be irritating and unprofitable. My censors have been so many that a reply to them all is impossible, and so distinguished that a selection would be invidious. Those who wish for invectives against the King, or Cranmer, or Cromwell, can find them everywhere, from school manuals to the grave works of elaborate historians. For me, it is enough to tell the story as it presents itself to my own mind, and to leave what appears to me to be the truth to speak for itself.

The English nation throughout their long history have borne an honourable reputation. Luther quotes a saying of Maximilian that there were three real sovereigns in Europe – the Emperor, the King of France, and the King of England. The Emperor was a king of kings. If he gave an order to the princes of the Reich, they obeyed or disobeyed as they pleased. The King of France was a king of asses. He ordered about his people at his will, and they obeyed like asses. The King of England was king of a loyal nation who obeyed him with heart and mind as loyal and faithful subjects. This was the character borne in the world by the fathers of the generation whom popular historians represent as having dishonoured themselves by subserviency to a bloodthirsty tyrant. It is at least possible that popular historians have been mistaken, and that the subjects of Henry VIII. were neither much better nor much worse than those who preceded or came after them.

CHAPTER I

Prospects of a disputed succession to the crown – Various claimants – Catherine incapable of having further children – Irregularity of her marriage with the King – Papal dispensations – First mention of the divorce – Situation of the Papacy – Charles V. – Policy of Wolsey – Anglo-French alliance – Imperial troops in Italy – Appeal of the Pope – Mission of Inigo de Mendoza – The Bishop of Tarbes – Legitimacy of the Princess Mary called in question – Secret meeting of the Legates’ court – Alarms of Catherine – Sack of Rome by the Duke of Bourbon – Proposed reform of the Papacy – The divorce promoted by Wolsey – Unpopular in England – Attempts of the Emperor to gain Wolsey.

In the year 1526 the political prospects of England became seriously clouded. A disputed succession had led in the previous century to a desperate civil war. In that year it became known in private circles that if Henry VIII. was to die the realm would again be left without a certain heir, and that the strife of the Roses might be renewed on an even more distracting scale. The sons who had been born to Queen Catherine had died in childbirth or had died immediately after it. The passionate hope of the country that she might still produce a male child who would survive had been constantly disappointed, and now could be entertained no longer. She was eight years older than her husband. She had “certain diseases” which made it impossible that she should be again pregnant, and Henry had for two years ceased to cohabit with her. He had two children still living – the Princess Mary, Catherine’s daughter, then a girl of eleven, and an illegitimate son born in 1519, the mother being a daughter of Sir John Blount, and married afterwards to Sir Gilbert Talboys. By presumptive law the Princess was the next heir; but no woman had ever sat on the throne of England alone and in her own right, and it was doubtful whether the nation would submit to a female sovereign. The boy, though excluded by his birth from the prospect of the crown, was yet brought up with exceptional care, called a prince by his tutors, and probably regarded by his father as a possible successor should his sister go the way of her brothers. In 1525, after the King had deliberately withdrawn from Catherine, he was created Duke of Richmond – a title of peculiar significance, since it had been borne by his grandfather, Henry VII. – and he was granted precedence over the rest of the peerage. Illegitimacy was a serious, but, it might be thought, was not an absolute, bar. The Conqueror had been himself a bastard. The Church, by its habits of granting dispensations for irregular marriages or of dissolving them on pleas of affinity or consanguinity or other pretext, had confused the distinction between legitimate and illegitimate. A Church Court had illegitimatised the children of Edward IV. and Elizabeth Grey, on the ground of one of Edward’s previous connections; yet no one regarded the princes murdered in the Tower as having been illegitimate in reality; and to prevent disputes and for an adequate object, the Duke of Richmond, had he grown to manhood, might, in the absence of other claims, have been recognised by Parliament. But the Duke was still a child, and might die as Henry’s other sons had died; and other claims there were which, in the face of the bar sinister, could not fail to be asserted. James V. of Scotland was next in blood, being the son of Henry’s eldest sister, Margaret. There were the Greys, inheriting from the second sister, Mary. Outside the royal house there were the still popular representatives of the White Rose, the Marquis of Exeter, who was Edward IV.’s grandson; the Countess of Salisbury, daughter of Edward’s brother the Duke of Clarence, and sister of the murdered Earl of Warwick; and Henry’s life was the only obstacle between the collision of these opposing pretensions. James, it was quite certain, would not be allowed to succeed without a struggle. National rivalry forbade it. Yet it was no less certain that he would try, and would probably be backed by France. There was but one escape from convulsions which might easily be the ruin of the realm. The King was in the flower of his age, and might naturally look for a Prince of Wales to come after him if he was married to a woman capable of bearing one. It is neither unnatural nor, under the circumstances, a matter to be censured if he and others began to reflect upon the peculiar character of his connection with Catherine of Aragon. It is not sufficiently remembered that the marriage of a widow with her husband’s brother was then, as it is now, forbidden by the laws of all civilised countries. Such a marriage at the present day would be held ipso facto invalid and not a marriage at all. An irregular power was then held to rest with the successors of St. Peter to dispense, under certain conditions, with the inhibitory rules. The popes are now understood to have never rightly possessed such an authority, and therefore, according to modern law and sentiment, Henry and Catherine never were husband and wife at all. At the time it was uncertain whether the dispensing power extended so far as to sanction such a union, and when the discussion rose upon it the Roman canonists were themselves divided. Those who maintained the widest view of the papal faculty yet agreed that such a dispensation could only be granted for urgent cause, such as to prevent foreign wars or internal seditions, and no such cause was alleged to have existed when Ferdinand and Henry VII. arranged the marriage between their children. The dispensation had been granted by Pope Julius with reluctance, had been acted upon after considerable hesitation, and was of doubtful validity, since the necessary conditions were absent. The marriages of kings were determined with little reference to the personal affection of the parties. Between Henry and Catherine there was probably as much and as little personal attachment as there usually is in such cases. He respected and perhaps admired her character; but she was not beautiful, she was not attractive, while she was as proud and intractable as her mother Isabella. Their union had been settled by the two fathers to cement the alliance between England and Spain. Such connections rest on a different foundation from those which are voluntarily entered into between private persons. What is made up for political reasons may pardonably be dissolved when other reasons of a similar kind require it; and when it became clear that Catherine could never bear another child, that the penalty threatened in the Levitical law against marriages of this precise kind had been literally enforced in the death of the male offspring, and that civil war was imminent in consequence upon the King’s death, Henry may have doubted in good faith whether she had ever been his wife at all – whether, in fact, the marriage was not of the character which everyone would now allow to attach to similar unions. Had there been a Prince of Wales, the question would never have arisen, and Henry, like other kings, would have borne his fate. But there was no prince, and the question had risen, and there was no reason why it should not. There was no trace at the outset of an attachment to another woman. If there had been, there would be little to condemn; but Anne Boleyn, when it was first mooted, was no more to the King than any other lady of the court. He required a wife who could produce a son to secure the succession. The powers which had allowed an irregular marriage could equally dissolve it, and the King felt that he had a right to demand a familiar concession which other sovereigns had often applied for in one form or another, and rarely in vain.

Thus as early as 1526 certainly, and probably as much as a year before, Cardinal Wolsey had been feeling his way at Rome for a separation between Henry and Catherine. On September 7 in that year the Bishop of Bath, who was English Ambassador at Paris, informed the Cardinal of the arrival there of a confidential agent of Pope Clement VII. The agent had spoken to the Bishop on this especial subject, and had informed him that there would be difficulties about it.¹ The “blessed divorce” —benedictum divorcium the Bishop calls it – had been already under consideration at Rome. The difficulties were not specified, but the political features of the time obliged Clement to be circumspect, and it was these that were probably referred to. Francis I. had been defeated and taken prisoner by the Imperialists at Pavia. He had been carried to Spain, and had been released at Henry’s intercession, under severe conditions, to which he had reluctantly consented, and his sons had been left at Madrid as hostages for the due fulfilment of them. The victorious army, half Spanish, half German, remained under the Duke of Bourbon to complete the conquest of Italy; and Charles V., with his already vast dominions and a treasury which the world believed to be inexhaustibly supplied from the gold mines of the New World, seemed advancing to universal empire.

France in the preceding centuries had been the hereditary enemy of England; Spain and Burgundy her hereditary friends. The marriage of Catherine of Aragon had been a special feature of the established alliance. She was given first to Prince Arthur, and then to Henry, as a link in the confederacy which was to hold in check French ambition. Times were changing. Charles V. had been elected emperor, largely through English influence; but Charles was threatening to be a more serious danger to Europe than France had been. The Italian princes were too weak to resist the conqueror of Pavia. Italy once conquered, the Papacy would become a dependency of the empire, and, with Charles’s German subjects in open revolt against it, the Church would lose its authority, and the organisation of the Catholic world would fall into hopeless decrepitude. So thought Wolsey, the most sharp-sighted of English ministers. He believed that the maintenance of the Papacy was the best defence of order and liberty. The only remedy which he could see was a change of partners. England held the balance between the great rival powers. If the English alliance could be transferred from the Empire to France, the Emperor could be held in check, and his supposed ambition neutralised. Wolsey was utterly mistaken; but the mistake was not an unnatural one. Charles, busy with his Italian wars, had treated the Lutheran schism with suspicious forbearance. Notwithstanding his Indian ingots his finances were disordered. Bourbon’s lansquenets had been left to pay themselves by plunder. They had sacked monasteries, pillaged cathedral plate, and ravished nuns with irreverent ferocity. The estates of the Church had been as little spared by them as Lombardy; and to Clement VII. the invasion was another inroad of barbarians, and Bourbon a second Attila. What Bourbon’s master meant by it, and what he might intend to do, was as uncertain to Clement as perhaps it was to Charles himself. In the prostrate, degraded, and desperate condition into which the Church was falling, any resolution was possible. To the clearest eyes in Europe the Papacy seemed tottering to its fall, and Charles’s hand, if he chose to raise it, might precipitate the catastrophe. To ask a pope at such a time to give mortal offence to the Spanish nation by agreeing to the divorce of Catherine of Aragon was to ask him to sign his death-warrant. No wonder, therefore, that he found difficulties. Yet it was to France and England that Clement had to look for help in his extremities. The divorce perhaps had as yet been no more than a suggestion, a part of a policy which was still in its infancy. It could wait at any rate for a more convenient season. Meantime he sent his secretary, Sanga, to Paris to beg aid; and to Henry personally he made a passionate appeal, imploring him not to desert the Apostolic See in its hour of extreme need. He apologised for his importunacy, but he said he hoped that history would not have to record that Italy had been devastated in the time of Clement VII. to the dishonour of the King and of Wolsey. If France and England failed him, he would himself be ruined. The Emperor would be universal monarch. They would open their eyes at last, but they would open them too late. So piteous was the entreaty that Henry when he read the Pope’s letter burst into tears.² Clement had not been idle. He had brought his own small army into the field to oppose Bourbon; he joined the Italian League, and prepared to defend himself. He was called the father of Christendom, yet he was at open war with the most Catholic king. But Wolsey reasonably considered that unless the Western powers interfered the end would come.

If England was to act, she could act only in alliance with France. The change of policy was ill understood, and was not popular among Henry’s subjects. The divorce as yet had not been spoken of. No breath of such a purpose had gone abroad. But English sentiment was imperial, and could endure with equanimity even the afflictions of a pope. The King was more papal than his people; he allowed Wolsey to guide him, and negotiations were set on foot at once for a special treaty with France, one of the conditions of which was to be the marriage of the Princess Mary – allotted like a card in a game – either to Francis or to one of his sons; another condition being that the English crown should be settled upon her should Henry die without a legitimate son. Sir John Russell was simultaneously despatched to Rome with money to help the Pope in paying his troops and garrisoning the city. The ducats and the “kind words” which accompanied them “created incredible joy,” encouraged his Holiness to reject unjust conditions which had been offered, and restored him, if for the moment only, “from death to life.”³ If Russell described correctly what he saw in passing through Italy, Clement had good cause for anxiety. “The Swabians and Spaniards,” he wrote, “had committed horrible atrocities. They had burnt houses to the value of two hundred million ducats, with all the churches, images, and priests that fell into their hands. They had compelled the priests and monks to violate the nuns. Even where they were received without opposition they had burned the place; they had not spared the boys, and they had carried off the girls; and whenever they found the Sacrament of the Church they had thrown it into a river or into the vilest place they could find. If God did not punish such cruelty and wickedness, men would infer that He did not trouble Himself about the affairs of this world.”⁴

The news from Italy gave a fresh impulse to Wolsey’s policy and the Anglo-French Alliance, which was pushed forward in spite of popular disapproval. The Emperor, unable to pay, and therefore unable to control, his troops, became himself alarmed. He found himself pressed into a course which was stimulating the German revolt against the Papacy, and he professed himself anxious to end the war. Inigo de Mendoza, the Bishop of Burgos, was despatched to Paris to negotiate for a general pacification. From Paris he was to proceed to London to assure Henry of the Emperor’s inalienable friendship, and above all things to gain over Wolsey by the means which experience had shown to be the nearest way to Wolsey’s heart. The great Cardinal was already Charles’s pensionary, but the pension was several years in arrear. Mendoza was to tell him not only that the arrears should be immediately paid up, but that a second pension should be secured to him on the revenues of Milan, and that the Emperor would make him a further grant of 6,000 ducats annually out of the income of Spanish bishoprics. No means was to be spared to divert the hostility of so dangerous an enemy.⁵

Wolsey was not to be so easily gained. He had formed large schemes which he did not mean to part with, and in the matter of pensions Francis I. was as liberal in promises as Charles. The Pope’s prospects were brightening. Besides the English money, he had improved his finances by creating six new cardinals, and making 240,000 crowns out of the disposition of these sacred offices.⁶ A French embassy, with the Bishop of Tarbes at its head, came to England to complete the treaty with Henry in the Pope’s defence. Demands were to be made upon the Emperor; if those demands were refused, war was to follow, and the cement of the alliance was to be the marriage of Mary with a French prince. It is likely that other secret projects were in view also of a similar kind. The marriage of Henry with Catherine had been intended to secure the continuance of the alliance with Spain. Royal ladies were the counters with which politicians played; and probably enough there were thoughts of placing a French princess in Catherine’s place. However this may be, the legality of the King’s marriage with his nominal queen was suddenly and indirectly raised in the discussion of the terms of the treaty, when the Bishop of Tarbes inquired whether it was certain that Catherine’s daughter was legitimate.

Mr. Brewer, the careful and admirable editor of the “Foreign and Domestic Calendar of State Papers,” doubts whether the Bishop did anything of the kind. I cannot agree with Mr. Brewer. The Bishop of Tarbes was among the best-known diplomatists in Europe. He was actively concerned during subsequent years in the process of the divorce case in London, in Paris, and at Rome. The expressions which he used on this occasion were publicly appealed to by Henry in his addresses to the peers and to the country, in the public pleas which he laid before the English prelates, in the various repeated defences which he made for his conduct. It is impossible that the Bishop should have been ignorant of the use which was made of his name, and impossible equally to suppose that he would have allowed his name to be used unfairly. The Bishop of Tarbes was unquestionably the first person to bring the question publicly forward. It is likely enough, however, that his introduction of so startling a topic had been privately arranged between himself and Wolsey as a prelude to the further steps which were immediately to follow. For the divorce had by this time been finally resolved on as part of a general scheme for the alteration of the balance of power. The domestic reasons for it were as weighty as ever were alleged for similar separations. The Pope’s hesitation, it might be assumed, would now be overcome, since he had flung himself for support upon England and France, and his relations with the Emperor could hardly be worse than they were.

The outer world, and even the persons principally concerned, were taken entirely by surprise. For the two years during which it had been under consideration the secret had been successfully preserved. Not a hint had reached Catherine herself, and even when the match had been lighted by the Bishop of Tarbes the full meaning of it does not seem to have occurred to her. Mendoza, on his arrival in England, had found her disturbed; she was irritated at the position which had been given to the Duke of Richmond; she was angry, of course, at the French alliance; she complained that she was kept in the dark about public affairs; she was exerting herself to the utmost among the friends of the imperial connection to arrest Wolsey’s policy and maintain the ancient traditions; but of the divorce she had not heard a word. It was to come upon her like a thunderstroke.⁷

Before the drama opens a brief description will not be out of place of the two persons who were to play the principal parts on the stage, as they were seen a year later by Ludovico Falieri, the Venetian ambassador in England. Of Catherine his account is brief.

“The Queen is of low stature and rather stout; very good and very religious; speaks Spanish, French, Flemish, and English; more beloved by the Islanders than any queen that has ever reigned; about forty-five years old, and has been in England thirty years. She has had two sons and one daughter. Both the sons died in infancy. One daughter survives.”

On the King, Falieri is more elaborate.

“In the 8th Henry such beauty of mind and body is combined as to surprise and astonish. Grand stature, suited to his exalted position, showing the superiority of mind and character; a face like an angel’s, so fair it is; his head bald like Cæsar’s, and he wears a beard, which is not the English custom. He is accomplished in every manly exercise, sits his horse well, tilts with his lance, throws the quoit, shoots with his bow excellent well; he is a fine tennis player, and he practises all these gifts with the greatest industry. Such a prince could not fail to have cultivated also his character and his intellect. He has been a student from his childhood; he knows literature, philosophy, and theology; speaks and writes Spanish, French, and Italian, besides Latin and English. He is kind, gracious, courteous, liberal, especially to men of learning, whom he is always ready to help. He appears religious also, generally hears two masses a day, and on holy days High Mass besides. He is very charitable, giving away ten thousand gold ducats annually among orphans, widows, and cripples.”⁸

Such was the King, such the Queen, whom fate and the preposterous pretensions of the Papacy to dispense with the established marriage laws had irregularly mated, and whose separation was to shake the European world. Pope Clement complained in subsequent years that the burden of decision should have been thrown in the first instance upon himself. If the King had proceeded at the outset to try the question in the English courts; if a judgment had been given unfavourable to the marriage, and had he immediately acted upon it, Queen Catherine might have appealed to the Holy See; but accomplished facts were solid things. Her case might have been indefinitely protracted by legal technicalities till it died of itself. It would have been a characteristic method of escape out of the difficulty, and it was a view which Wolsey himself perhaps at first entertained. He knew that the Pope was unwilling to take the first step.

On the 17th of May, 1527, after a discussion of the Treaty with France, he called a meeting of his Legatine court at York Place. Archbishop Warham sate with him as assessor. The King attended, and the Cardinal, having stated that a question had arisen on the lawfulness of his marriage, enquired whether the King, for the sake of public morals and the good of his own soul, would allow the objections to be examined into. The King assented, and named a proctor. The Bull of Julius II. was introduced and considered. Wolsey declared that in a case so intricate the canon lawyers must be consulted, and he asked for the opinions of the assembled bishops. The bishops, one only excepted, gave dubious answers. The aged Bishop of Rochester, reputed the holiest and wisest of them, said decidedly that the marriage was good, and the Bull which legalised it sufficient.

These proceedings were not followed up, but the secrecy which had hitherto been observed was no longer possible, and Catherine and her friends learnt now for the first time the measure which was in contemplation. Mendoza, writing on the day following the York Place meeting to the Emperor, informed him, as a fact which he had learnt on reliable authority, that Wolsey, for a final stroke of wickedness, was scheming to divorce the Queen. She was so much alarmed that she did not venture herself to speak of it, but it was certain that the lawyers and bishops had been invited to sign a declaration that, being his brother’s widow, she could not be the wife of the King. The Pope, she was afraid, might be tempted to take part against her, or the Cardinal himself might deliver judgment as Papal Legate. Her one hope was in the Emperor. The cause of the action taken against her was her fidelity to the Imperial interests. Nothing as yet had been made formally public, and she begged that the whole matter might be kept as private as possible.⁹

That the Pope would be willing, if he dared, to gratify Henry at Charles’s expense was only too likely. The German Lutherans and the German Emperor were at the moment his most dangerous enemies. France and England were the only Powers who seemed willing to assist him, and a week before the meeting of Wolsey’s court he had experienced in the most terrible form what the imperial hostility might bring upon him. On the 7th of that same month of May the army of the Duke of Bourbon had taken Rome by storm. The city was given up to pillage. Reverend cardinals were dragged through the streets on mules’ backs, dishonoured and mutilated. Convents of nuns were abandoned to the licentious soldiery. The horrors of the capture may have been exaggerated, but it is quite certain that to holy things or holy persons no respect was paid, and that the atrocities which in those days were usually perpetrated in stormed towns were on this occasion eminently conspicuous. The unfortunate Pope, shut up in the Castle of St. Angelo, looked down from its battlements upon scenes so dreadful that it must have appeared as if the Papacy and the Church itself had been overtaken by the final judgment. We regard the Spaniards as a nation of bigots, we consider it impossible that the countrymen of Charles and Philip could have been animated by any such bitterness against the centre of Catholic Christendom. Charles himself is not likely to have intended the humiliation of the Holy See. But Clement had reason for his misgivings, and Wolsey’s policy was not without excuse. Lope de Soria was Charles’s Minister at Genoa, and Lope de Soria’s opinions, freely uttered, may have been shared by many a Catholic besides himself. On the 25th of May, a fortnight after the storm, he wrote to his master the following noticeable letter: —

“The sack of Rome must be regarded as a visitation from God, who permits his servant the Emperor to teach his Vicar on earth and other Christian princes that their wicked purposes shall be defeated, the unjust wars which they have raised shall cease, peace be restored to Christendom, the faith be exalted, and heresy extirpated… Should the Emperor think that the Church of God is not what it ought to be, and that the Pope’s temporal power emboldens him to promote war among Christian princes, I cannot but remind your Majesty that it will not be a sin, but a meritorious action, to reform the Church; so that the Pope’s authority be confined exclusively to his own spiritual affairs, and temporal affairs to be left to Cæsar, since by right what is God’s belongs to God, and what is Cæsar’s to Cæsar. I have been twenty-eight years in Italy, and I have observed that the Popes have been the sole cause of all the wars and miseries during that time. Your Imperial Majesty, as Supreme Lord on earth, is bound to apply a remedy to that evil.”¹⁰

Heretical English and Germans were not the only persons who could recognise the fitness of the secular supremacy of princes over popes and Churches. Such thoughts must have passed through the mind of Charles himself, and of many more besides him. De Soria’s words might have been dictated by Luther or Thomas Cromwell. Had the Emperor at that moment placed himself at the head of the Reformation, all later history would have been different. One statesman at any rate had cause to fear that this might be what was about to happen. Wolsey was the embodiment of everything most objectionable and odious to the laity in the ecclesiastical administration of Europe. To defend the Papacy and to embarrass Charles was the surest method of protecting himself and his order. The divorce was an incident in the situation, but not the least important. Catherine represented the Imperialist interest in England. To put her away was to make the breach with her countrymen and kindred irreparable. He took upon himself to assure the King that after the last outrage the Pope would agree to anything that France and England demanded of him, and would trust to his allies to bear him harmless. That the divorce was a thing reasonable in itself to ask for, and certain to be conceded by any pope who was free to act on his own judgment, was assumed as a matter of course. Sir Gregory Casalis, the English agent at Rome, was instructed to obtain access to Clement in St. Angelo, to convey to him the indignation felt in England at his treatment, and then to insist on the illegality of the King’s relations with Catherine, on the King’s own scruples of conscience, and on the anxiety of his subjects that there should be a male heir to the crown. The “urgent cause” such as was necessary to be produced when exceptional actions were required of the popes was the imminence or even certainty of civil war if no such heir was born.