Part 9 (1/2)
The plea that Henry must have a male heir is so absolutely conclusive in the judgment of Henry's great apologist that he feels it necessary to offer excuses for the womanly weakness which blinded Katharine to her obvious duty. It may also have appealed with considerable force to a statesman who regarded all pledges and bonds as being in the last resort dissoluble on grounds of national expediency. England had suffered enough from disputed successions; and while it is not probable that a t.i.tle so incontrovertible as Mary's would have been directly challenged, it is evident that disastrous complications might have been involved by her union with any possible husband, or by her death. It may have been that it was Henry's own wish to act directly on this view, and to declare his marriage null, arbitrarily, on the ground of public expediency. But whatever were Wolsey's views on expediency, and on the desirability of nullifying the marriage, such a course would have been too flagrant a violation of the universally accepted belief in the sanct.i.ty of the marriage tie to meet with his support. Moreover the offspring of a new marriage contracted under such conditions could hardly escape having his legitimacy challenged when opportunity offered. The security of the succession could not therefore be obtained by this method. Yet the burden of discovering some way to enable Henry to marry again was laid upon the Cardinal's shoulders.
[Sidenote: The plea of invalidity]
A pretext was forthcoming, whether devised by the Cardinal or another. The marriage with Katharine might be held invalid on the ground that the dispensation under which it was contracted was invalid, as being _ultra vires_. [Footnote: _Cf._ however Wolsey's letter, Brewer, ii., 180.
Katharine argued that since she had remained a maiden, no actual affinity had been contracted, therefore the re-marriage was not contrary to G.o.d's Law. Wolsey was prepared to reply that in that case, the dispensation was invalid; since it specified only the impediment of ”affinity” but not that of ”public honesty” created by a contract not consummated, and so failed to cover the admitted circ.u.mstances. It appears from the complete context that this plea was. .h.i.t upon only as a rejoinder to this particular plea of Katharine's. But see Taunton, _Thomas Wolsey_, chap, x., where a different view is taken; the whole context, however, is not there cited.]
This was the line that Wolsey advised, and to which the King committed himself. It should be clear that it finally precluded the other line of arbitrary dissolution, since it rested on the inviolability of a marriage once validly contracted. If the Pope could not set aside the bar to re-marriage with a dead husband's brother, the King could hardly set aside his own marriage, if it had been itself lawful. Stated conversely; if the King could, so to speak cancel a living wife on the ground of public expediency, the Pope had surely been ent.i.tled to cancel a dead husband on the same ground.
[Sidenote: Conjunction of incentives]
When Wolsey had propounded the theory that the validity of the dispensation was doubtful, it is easy enough to see how Henry might have persuaded himself that his conscience must be set at ease. What if the death of all his male children had been a Divine Judgment on an unlawful union? The wish is father to the thought. From this point, it was a short step to a conviction that, whatever any one might say, the union was unlawful. Thus Henry could with comparative equanimity adopt the role of one who merely felt that his doubts must be set at rest, while he would be only overjoyed to be finally certified that they were groundless. It is not till this professed hope is in danger of being realised that the mask is dropped and the King's determination to have a divorce by hook or by crook is avowed.
On this view of the policy pursued, pa.s.sion and patriotism may have combined--in uncertain proportions--to make the King desire a new marriage; obedience and patriotism may have likewise combined to produce the same desire in the Cardinal. But it is extremely difficult to doubt that the King's conscientious scruples were an after-thought, since they had not overtly troubled him for eighteen years of married life; while the Cardinal's position was painfully complicated by an intense aversion to the particular marriage in contemplation. The Boleyns were closely a.s.sociated with the group of courtiers who were most antagonistic to Wolsey; while on the other hand, Katharine had for long regarded him as her husband's evil genius.
[Sidenote: The Orleans betrothal]
There is a single feature of the situation in the spring of 1527 which might be taken as pointing to a belief on the King's part that the validity of the marriage would be confirmed: namely the betrothal of his daughter to Orleans. This however would completely negative the activity of that patriotic motive by which Mr. Froude set so much store. Moreover, it is flatly contradicted by the letter to Anne [Footnote: _L. & P._, iv., 1467.] in which Henry unmistakably declares his determination to marry her: and by Wolsey's [Footnote: _S. P._, i., 194. Brewer, ii., 193 ff.]
letter to him, stating the case for the divorce.
[Sidenote: Conclusion]
The only possible conclusion is that the one motive which really actuated the King was the desire to gratify an illicit pa.s.sion. Other subsidiary motives he may have called in to justify himself to himself, on which he dwelt till he really persuaded himself that they were genuine. For it was his unfailing practice to do or get done whatsoever served his personal interest, and to parade some high moral cause as his unimpeachable motive--or if this proved quite impossible, to condemn a minister as the responsible person. Yet however difficult it is to reconcile such avowed motives with the known facts, the avowal always has about it a tone of conviction which can only have been the outcome of successful self-deception.
[Sidenote: The first plan (May)]
It was the Cardinal's task then to procure by some means a formal and authoritative p.r.o.nouncement that the Papal Dispensation was invalid. The first scheme was that he should hold a Legatine Court before which the King should be cited for living in an unlawful union with his brother's widow.
Since the Legate was also the King's subject, the royal a.s.sent had to be formally given. This was duly arranged in May, the affair being conducted with the utmost secrecy; but after the first beginnings [Footnote: _L. & P._, iv., 1426.] these proceedings were dropped: presumably because, if they had been carried through, Katharine might have appealed to the Pope and Wolsey would have had no voice in the ultimate decision. [Footnote: The Pope in that case must either have decided the case himself, or have given full powers to a Legatine Court to act without appeal. In the latter event, Wolsey could not have been appointed, since Katharine's appeal would have been an appeal against his previous decision.]
In the same month the world learnt with amazement that the troops of Bourbon and the Lutheran Frundsberg had stormed and sacked Rome; and that the Imperial troops held Clement himself a prisoner in the castle of St. Angelo. The Pope was thus completely in the Emperor's power: the Emperor was Katharine's nephew and would most certainly veto the divorce.
Moreover, Katharine had now an inkling that steps to obtain a divorce were being projected; and, unknown to Henry, Mendoza the Spanish amba.s.sador had already warned the Emperor.
[Sidenote: The second plan (June)]
Thus the difficulties of Wolsey's task were increased; since the next move must be to get a Papal Commission appointed which should be under Wolsey's control. To that end, the ecclesiastical support of the English Bishops and the political support of Francis were requisite. Wolsey played upon the guilelessness of Fisher of Rochester, till he persuaded the saintly bishop that the confirmation of the marriage was the one thing desired--that the Queen's opposition was due to an unfortunate misconception, and entirely opposed to her own interests. The same course was pursued with Warham of Canterbury. [Footnote: Brewer, ii., pp. 193 ff.] The necessity for the enquiry was fathered upon the Bishop of Tarbes, a member of the French emba.s.sy which had settled the betrothal of Orleans and Mary, who was said [Footnote: There is some reason to suppose that this story of the Bishop of Tarbes was merely concocted by Wolsey and Henry. It appears to have been referred to only in Wolsey's communications with Warham and Fisher.-- Brewer, _Henry VIII._, ii., 216. But _cf._ Pollard, _Henry VIII., sub loc._] to have questioned the validity of the dispensation, and by consequence the certainty of the princess's legitimacy.
In July Wolsey proceeded to France, ostensibly for the settlement of details in connexion with the recent treaty: actually, that Francis might be induced to bring pressure to bear on Charles for the release of the Pope--in the somewhat desperate hope that Clement in his grat.i.tude would thereupon grant Henry's wishes. Should the Pope's release be refused, Wolsey had the idea (soon to be abandoned) that the Cardinals might be summoned to meet in France, on the ground that the Pope was being forcibly deprived of the power of action. [Footnote: _S. P_., i., 230, 270.
Brewer, ii., 209, 219.]
[Sidenote: Knight's mission (Autumn)]
The treaty of Amiens, cementing the union between Francis and Henry, was signed late in August without reference to divorce. Now however Henry began to conduct operations independently of Wolsey, sending his own secretary Knight to Rome with private instructions, the object of which was to evade the ultimate submission of the question to Wolsey's jurisdiction. Under the influence of the Boleyn clique, and knowing Wolsey's aversion to the Boleyn marriage, the King may have suspected that his minister would play him false if he lost all hope of averting that conclusion to the divorce. Or he may merely have resolved that it was time to check any development of his minister's authority. On Wolsey's return to England, instead of being received in privacy according to precedent, he was summoned on his arrival at Richmond Palace to meet his master in the presence of Anne Boleyn.
[Sidenote: Its failure (Dec)]
Knight's mission was a failure. In December, Clement escaped in disguise from his Imperial guards: Knight found him at Orvieto. It was evident that the secret plan of getting the Pope's permission to marry again without upsetting the existing marriage [Footnote: Brewer, ii., 224, 234-239. Both the Conscience of the King and the need of an heir, are dwelt on in the instructions.] was out of the question. So the Secretary presented a form for a dispensation, and for a Commission which was to give Wolsey power to decide summarily against the validity of the dispensation granted by Pope Julius, without appeal; and power to declare Mary legitimate at the same time. The dispensation was to enable Henry to marry thereafter in despite of difficulties which might be raised on certain specified grounds--intelligible only if those difficulties applied in Anne Boleyn's case: and implying the truth of allegations subsequently made as to relations between Henry and Anne's mother and sister. Knight was outwitted by a Cardinal, Lorenzo Pucci, who redrafted the doc.u.ments so as to make them useless for Henry's purpose. The deluded envoy returned to England under the impression that he had achieved a diplomatic triumph. But the King saw that he must leave the management of such delicate matters to Wolsey.
[Sidenote: The Pope and the Cardinal]
It is evident that the Pope's one desire was to evade all responsibility in the matter; as it was Wolsey's, on the contrary part, to fix the ultimate responsibility on him. Clement wanted the support of England and France; but, though now no longer actually the Emperor's prisoner, he was distinctly in greater danger from him than from the other Powers. Moreover for one Pope to be invited to nullify the proceedings of another was a somewhat dangerous precedent: as implying that a papal decision was not necessarily unimpeachable. The Cardinal however required the Pope's authority. The divorce was not popular in England, where the general inclination was towards the Imperial alliance. Besides, Katharine was firmly convinced that Wolsey was the moving spirit; so was the general public. If the divorce were carried through by any method which seemed to bear out that theory--if it could be looked upon as a political job of the Cardinal's--Henry too would come in for a share of the odium, and might be trusted to visit that misfortune on his minister. So Wolsey would have nothing to say to the suggestion that the King should act on his own account without the Pope, and take his chance of an appeal.
[Sidenote: 1528 Gardiner's mission]