Volume II Part 33 (1/2)
”Forasmuch as it is most necessary, both for common policy and duty of subjects, above all things to prohibit, provide, restrain, and extinct all manner of shameful slanders, perils, or imminent danger or dangers, which might grow, happen, or arise to their sovereign lord the king, the queen, or their heirs, which, when they be heard, seen, or understood, cannot be but odible and also abhorred of all those sorts that be true and loving subjects, if in any point they may, do, or shall touch the king, the queen, their heirs or successors, upon which dependeth the whole unity and universal weal of this realm; without providing wherefore, too great a scope should be given to all cankered and traitorous hearts, willers and workers of the same; and also the king's loving subjects should not declare unto their sovereign lord now being, which unto them both hath been and is most entirely beloved and esteemed, their undoubted sincerity and truth: Be it therefore enacted, that if any person or persons, after the first day of February next coming, do maliciously wish, will, or desire, by words or writing, or by craft imagine, invent, practise, or attempt any bodily harm to be done or committed to the king's most royal person, the queen's, or their heirs apparent, or to _deprive them or any of them of the dignity, t.i.tle, or name of their royal estates_, or slanderously and maliciously publish and p.r.o.nounce by express writing or words that the king our sovereign lord should be heretic, schismatic, tyrant, infidel, or usurper of the crown, &c., &c., that all such persons, their aiders, counsellors, concertors, or abettors, being thereof lawfully convict according to the laws and customs of the realm, shall be adjudged traitors, and that every such offence in any of the premises shall be adjudged high treason.”[405]
[Sidenote: The act made still more comprehensive, in the interpretation of it.]
[Sidenote: Retributive justice.]
The terrible powers which were thus committed to the government lie on the surface of this language; but comprehensive as the statute appears, it was still further extended by the interpretation of the lawyers. In order to fall under its penalties it was held not to be necessary that positive guilt should be proved in any one of the specified offences; it was enough if a man refused to give satisfactory answers when subjected to official examination.[406] At the discretion of the king or his ministers the active consent to the supremacy might be required of any person on whom they pleased to call, under penalty to the recusant of the dreadful death of a traitor. So extreme a measure can only be regarded as a remedy for an evil which was also extreme; and as on the return of quiet times the parliament made haste to repeal a law which was no longer required, so in the enactment of that law we are bound to believe that they were not betraying English liberties in a spirit of careless complacency; but that they believed truly that the security of the state required unusual precautions. The nation was standing with its sword half drawn in the face of an armed Europe, and it was no time to permit dissensions in the camp.[407] Toleration is good--but even the best things must abide their opportunity; and although we may regret that in this grand struggle for freedom, success could only be won by the aid of measures which bordered upon oppression, yet here also the even hand of justice was but commending the chalice to the lips of those who had made others drink it to the dregs. They only were likely to fall under the Treason Act who for centuries had fed the rack and the stake with sufferers for ”opinion.”
[Sidenote: Appointment of suffragan bishops.]
Having thus made provision for public safety, the parliament voted a supply of money for the fortifications on the coast and for the expenses of the Irish war; and after transferring to the crown the first-fruits of church benefices, which had been previously paid to the See of Rome, and pa.s.sing at the same time a large and liberal measure for the appointment of twenty-six suffragan bishops,[408] they separated, not to meet again for more than a year.
[Sidenote: Cardinal Farnese is chosen pope.]
[Sidenote: He is chosen by French influence, in the hope he will pursue a liberal and conciliating policy.]
Meanwhile, at Rome a change had taken place which for the moment seemed to promise that the storm after all might pa.s.s away. The conclave had elected as a successor to Clement a man who, of all the Italian ecclesiastics, was the most likely to recompose the quarrels in the church; and who, if the genius or the destiny of the papacy had not been too strong for any individual will, would perhaps have succeeded in restoring peace to Christendom. In the debates upon the divorce the Cardinal Farnese had been steadily upon Henry's side. He had maintained from the first the general justice of the king's demands. After the final sentence was pa.s.sed, he had urged, though vainly, the reconsideration of that fatal step; and though slow and cautious, although he was a person who, as Sir Gregory Ca.s.salis described him, ”would accomplish little, but would make few mistakes,”[409] he had allowed his opinion upon this, as on other matters connected with the English quarrel, to be generally known. He was elected therefore by French influence[410] as the person most likely to meet the difficulties of Europe in a catholic and conciliating spirit. He had announced his intention, immediately on Clement's death, of calling a general council at the earliest moment, in the event of his being chosen to fill the papal chair; and as he was the friend rather of Francis I. than of the emperor, and as Francis was actively supporting Henry, and was negotiating at the same moment with the Protestant princes in Germany, it seemed as if a council summoned under such auspices would endeavour to compose the general discords in a temper of wise liberality, and that some terms of compromise would be discovered where by mutual concessions Catholic and Protestant might meet upon a common ground.
The moment was propitious for such a hope; for the accession of a moderate pope coincided with the reaction in Germany which followed the scandals at Munster and the excesses of John of Leyden; and Francis pictured to himself a coalition between France, England, and the Lutherans, which, if the papacy was attached to their side, would be strong enough to bear down opposition, and reconst.i.tute the churches of Europe upon the basis of liberality which he seemed to have secured for the church of France. The flattering vision in the autumn of the following year dazzled the German princes. Perhaps in the novelty of hope it was encouraged even by the pope, before he had felt the strong hand of fate which ruled his will.
[Sidenote: Anxiety and alarm of the emperor.]
[Sidenote: The mission of the Count of Na.s.sau to Paris with proposals for a league.]
[Sidenote: The emperor's offers are rejected by Francis.]
To Charles V. the danger of some such termination of the great question at issue appeared most near and real. Charles, whose resentment at the conduct of England united with a desire to a.s.sert his authority over his subjects in Germany, beheld with the utmost alarm a scheme growing to maturity which menaced alike his honour, his desire of revenge, his supremacy in Europe, and perhaps his religious convictions. A liberal coalition would be fatal to order, to policy, to truth; and on the election of Cardinal Farnese, the Count de Na.s.sau was sent on a secret mission to Paris with overtures, the elaborate condescension of which betrays the anxiety that must have dictated them. The emperor, in his self-const.i.tuted capacity of the Princess Mary's guardian, offered her hand with the English succession to the Duke of Angoulesme. From the terms on which he was thought to stand with Anne Boleyn, it was thought possible that Henry might consent;[411] he might not dare, as d'Inteville before suggested, to oppose the united demands of France and the Empire.[412] To Margaret de Valois the Count was to propose the splendid temptation of a marriage with Philip.[413] If Francis would surrender the English alliance, the emperor would make over to him the pa.s.sionately coveted Duchy of Milan,[414] to be annexed to France on the death of the reigning Duke. In the meantime he would pay to the French king, as ”tribute for Milan,” a hundred thousand crowns a year, as an acknowledgment of the right of the house of Valois. Offers such as these might well have tempted the light ambition of Francis. If sincere, they were equivalent to a surrender of the prize for which the emperor's life had been spent in contending, and perilous indeed it would have been for England if this intrigue had been permitted to succeed. But whether it was that Francis too deeply distrusted Charles, that he preferred the more hazardous scheme of the German alliance, or that he supposed he could gain his object more surely with the help of England, the Count de Na.s.sau left Paris with a decisive rejection of the emperor's advances; and in the beginning of January, De Bryon, the High Admiral of France, was sent to England, to inform Henry of what had pa.s.sed, and to propose for Elizabeth the marriage which Charles had desired for the Princess Mary.
[Sidenote: De Bryon sent to England.]
De Bryon's instructions were remarkable. To consolidate the alliance of the two nations, he was to entreat Henry at length to surrender the claim to the crown of France, which had been the cause of so many centuries of war. In return for this concession, Francis would make over to England, Gravelines, Newport, Dunkirk, a province of Flanders, and ”the t.i.tle of the Duke of Lorrayne to the town of Antwerp, with sufficient a.s.sistance for the recovery of the same.” Henry was not to press Francis to part from the papacy; and De Bryon seems to have indicated a hope that the English king might retrace his own steps. The weight of French influence, meanwhile, was to be pressed, to induce the pope to revoke and denounce, voyd and frustrate the unjust and slanderous sentence[415] given by his predecessor; and the terms of this new league were to be completed by the betrothal of the Princess Elizabeth to the Duke of Angoulesme.[416]
[Sidenote: Change in Henry's character.]
There had been a time when these proposals would have answered all which Henry desired. In the early days of his reign he had indulged himself in visions of empire, and of repeating the old glories of the Plantagenet kings. But in the peace which was concluded after the defeat of Pavia, he showed that he had resigned himself to a wiser policy,[417] and the surrender of a barren designation would cost him little. In his quarrel with the pope, also, he had professed an extreme reluctance to impair the unity of the church; and the sacrifices which he had made, and the years of persevering struggle which he had endured, had proved that in those professions he had not been insincere. But Henry's character was not what it had been when he won his t.i.tle of Defender of the Faith. In the experience of the last few years he had learnt to conceive some broader sense of the meaning of the Reformation; and he had gathered from Cromwell and Latimer a more n.o.ble conception of the Protestant doctrines. He had entered upon an active course of legislation for the putting away the injustices, the falsehoods, the oppressions of a degenerate establishment; and in the strong sense that he had done right, and nothing else but right, in these measures, he was not now disposed to submit to a compromise, or to consent to undo anything which he was satisfied had been justly done, in consideration of any supposed benefit which he could receive from the pope. He was anxious to remain in communion with the see of Rome. He was willing to acknowledge in some innocuous form the Roman supremacy. But it could be only on his own terms. The pope must come to him; he could not go to the pope. And the papal precedency should only again be admitted in England on conditions which should leave untouched the Act of Appeals, and should preserve the sovereignty of the crown unimpaired.
[Sidenote: Henry's reply to the overtures of the French king.]
[Sidenote: The pope must make the first move towards a reconciliation.]
He replied, therefore, to the overtures of Francis, that he was ready to enter into negotiations for the resignation or his t.i.tle to the crown of France, and for the proposed marriage.[418] Before any other step was taken, however, he desired his good brother to insist that ”the Bishop of Rome” should revoke the sentence, and ”declare his pretended marriage with the Lady Catherine naught;” ”which to do,” Henry wrote (and this portion of his reply is written by his own hand), ”we think it very facile for our good brother; since we do perceive by letters [from Rome]
both the opinions of the learned men there to be of that opinion that we be of; and also a somewhat disposition to that purpose in the Bishop of Rome's self, according to equity, reason, and the laws both positive and divine.” If there was to be a reconciliation with the Holy See, the first advance must be made on the Bishop of Rome's side; and Cromwell, in a simultaneous despatch, warned Francis not ”to move or desire his Grace to the violation of any laws recently pa.s.sed, as a thing whereunto he would in no wise condescend or agree.”[419]
[Sidenote: Henry distrusts Francis.]
Henry, however, felt no confidence either in the sincerity of the pope, or in the sincerity of the French king, as he haughtily showed. He did not even trust De Bryon's account of the rejection of the overtures of the emperor. ”If it happeneth,” he wrote, ”that the said Bishop will obstinately follow the steps of his predecessor, and be more inclined to the maintenance of the actions and sentences of his see than to equity and justice, then we trust that our good brother--perceiving the right to stand on our side, and that not only the universities of his whole realm and dominions hath so defined, but also the most part of the rest of Christendom, and also the best learned men of the Bishop of Rome's own council, now being called for that purpose--will fully and wholly, both he and his whole realm, adhere and cleave to us and our doings in this behalf; and we herein desire shortly to have answer, which we would be right loth should be such as whereupon we might take any occasion of suspicion; trusting, further, that our said good brother will both promise unto us upon his word, and indeed perform, that in the meantime, before the meeting of our deputies,[420] he nor directly nor indirectly shall practise or set forth any mean or intelligence of marriage, or of other practices with the emperour.”[421]
[Sidenote: The pope makes indirect advances, which are received also with coldness.]
[Sidenote: January.]
So cold an answer could have arisen only from deep distrust; it is difficult to say whether the distrust was wholly deserved. a.n.a.logous advances, made indirectly from the pope were met with the same reserve.