temptations cannot be admitted in place of the heroism of virtue. It has been well said by a modern historian, that "in encouraging the addresses of a married man, which she notoriously did, and in entering into schemes of self-aggrandisement, which could only be achieved by degrading Catherine, and wounding to the heart a kind and indulgent mistress and patroness, Anne Boleyn was guilty of crimes of a still deeper dye than that of which she would have been in becoming the king's concubine. It is a quibble, rather than any valid excuse, to urge that she had persuaded herself the marriage with Catherine was illegal and null. She was hardly either an impartial or in any other respect a fit judge of this nice and much disputed question; and even if the canonical objections to the marriage had been as clear as they were the reverse, that would make no difference either to the delicacy or the morality of her conduct."
The communication of the king's secret to Wolsey was immediately followed by more active measures, in which Wolsey, however averse, was obliged to co-operate. The king's treatise was now submitted to Sir Thomas More, who at once saw the peril of acting as a judge in so delicate a matter, declared that he was no theologian, and therefore unqualified to decide. It was next laid before the Bishop of Rochester, who decided against it. Henry then directed Sir Thomas to apply to some other of the bishops; but as he was hostile to the treatise himself, he was not likely to be a very persuasive pleader for it with others. None of the bishops would commit themselves, and Sir Thomas advised Henry to see what St. Jerome, St. Augustine, and the other fathers of the Church, said upon it. Henry then employed the more unscrupulous agency of Wolsey with the prelates, who plied them with all his eloquence; but the most that he could obtain from them was that the arguments of the king's book furnished a reasonable ground for a scruple, and that he had better apply to the Holy See, and abide by its decision.
With the nation at large, the proposal of the amorous king was still loss popular than with the bishops. They had a great veneration for the insulted Catherine, who had maintained for so many years the most fair and estimable character on the throne, and against whose virtue not a breath had ever been heard. They attributed this scheme to the acts of the cardinal, who was the enemy of the emperor and the warm ally of France; and they dreaded that the divorce might lead to war, and the suppression of the profitable trade with the Netherlands.
Unable to obtain much sanction at home, Henry at length referred the cause to the Pope; and Stephen Gardiner—then known by the humble name of Mr. Stephen—and Mr. Fox, proceeded to Italy with the Royal instructions. The grand difficulty was to effect the divorce in so legal and complete a manner that no plea might be able to be brought against the legitimacy of the proposed marriage; and for three months fresh instructions were issued and revoked, and issued in amended form again, which were laid before Dr. Knight, the king's agent at the Papal Court, and the three brothers Casali, Wolsey's agents, and before Staphilæo, Dean of the Rota, who had been gained over whilst lately in London.
But the emperor had not been idle. The Pope, as we have seen, had been shut up by the Imperial troops in the Castle of St. Angelo; and, in negotiation for his liberation, Charles had made it one of the principal stipulations of his release that he should not consent to act preparatory to a divorce without the previous knowledge of Charles himself. Scarcely had the Pope made his escape to Orvieto, as we have related, when the English emissaries appeared before him. Poor Clement was thrown into a terrible dilemma. The Imperialists were still in possession of Rome, and if he consented to the request of Henry, he had nothing to expect but vengeance from the emperor. To make the matter worse, a French army, under the command of Lautrec, and accompanied by Sir Robert Jerningham as the English commissary, which had been sent over the Alps to his assistance, and to enable him to recover his capital, loitered at Piacenza, and delayed the chance of the restoration and defence of Rome.
The English envoys presented to him two instruments, which had been prepared by the learned agents above named, by the first of which he was to empower Wolsey, or in case of any objection to him, Staphilæo, to hear and decide the case of the divorce: and by the second he was to grant Henry a dispensation to marry, in the place of Catherine, any other woman soever, even if she were already promised to another, or related to him in the first degree of affinity. This was a most extraordinary proceeding, an acknowledgment by Henry of the very power in the Pope which he affected to doubt and deny. The objection to the marriage of Henry with Catherine was that she was within the proscribed degree of affinity, having been his brother's wife, and moreover, as Henry was accused, and by this instrument appeared to admit, of having established the same degree of relationship, though illicitly, with the sister of Anne, Mary Boleyn, as had existed betwixt Catherine and his brother legally, this was to prevent any objections to the marriage with Anne.
The Pope signed both documents, but recommended that Henry should keep them secret till the French army, under Lautrec, should arrive, and free him from fears, even for his life, of the vengeance of the emperor. That having taken place, he promised to issue a second commission of the same import, which might at once be publicly proceeded with.
Scarcely, however, had Dr. Knight left Orvieto, when Gregorio da Casali brought a request from the English Court that a legate from Rome might be joined in the commission with Wolsey. To this Clement observed, that the King of England was pursuing a very circuitous course. If the king was really convinced in his conscience that his present marriage was null, he had better marry again, and then he himself or a legate could decide the question at once. But if a legate were to sit in jurisdiction, there must be appeals to himself in Rome, exceptions, and adjournments, which would make an affair of years of it. But, after saying this, the Pope signed the requisition.
At the instigation of Wolsey, who was anxious that the treaty which he had signed with France should be carried into effect, war was now declared formally against the emperor. The ambassadors of both France and England were recalled on the same day from the Imperial Court, and on the 27th of January, Clarenceaux and
