Page:Divorce of Catherine of Aragon.djvu/165

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The Statute of Provisors.
147

excommunication, and let a copy of the brief be in England before Parliament opened.

Chapuys, well as he thought that he understood England, had something to learn about it which was to be a disagreeable surprise. He had imagined that the Pope's authority, when boldly asserted there, had never been successfully resisted. Tradition remembered Anselm and Becket. It had forgotten the legislation of the Edwards and of Richard II. According to Chapuys, the Pope was to issue a brief forbidding Parliament to meddle in the divorce case. There were laws on the statute book which forbade the interference of the Pope under any circumstances in the internal affairs of the English realm. Should the Pope, by bull or brief, by presentation to offices of the Church or by delegation of his authority, attempt to exercise direct jurisdiction in England to the prejudice of the rights of the Crown, all persons who introduced such bulls or briefs, who recognized the Pope's pretensions or acted on his orders, fell under Præmunire—a vague but terrible consequence, almost as fatal as a proved charge of treason. The statutes had been long obsolete. The sword was in its scabbard. Wolsey had forgotten their existence when he sought and accepted the position of Legate of the Holy See. Henry had forgotten them when he applied for a Legatine commission to try his cause in London. The clergy who had claimed to be independent of the State, to be an imperium in imperio with the Pope at their head, the officials who had made the name of a Church court execrated in every county in England—all had forgotten them. But the Acts themselves were unrepealed, and survived as a monument of the spirit of a past generation. Doubtless it was known that the Pope was being urged to violence. Doubtless