Page:History of england froude.djvu/430

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408
REIGN OF HENRY THE EIGHTH
[ch. 5.

being passed in England, as a place which was not indifferent. Henry had refused to allow his cause to be heard anywhere but in his own realm; pleading first his privilege as a sovereign prince; and secondly, his exemption as an Englishman.[1] Dec. 26.The Pope, with appearance of openness, now suggested that Henry should either 'send a mandate requiring the remission of his cause to an indifferent place, in which case he would himself surrender his claim to have it tried in the courts at Rome, and would appoint a legate and two auditors to hear the trial elsewhere;' or else, a truce of three or four years being concluded between England, France, and Spain, the Pope would 'with all celerity indict a general council, to which he would absolutely and wholly remit the consideration of the question.'[2]

January.Both proposals carried on their front a show of fair dealing, and if honestly proffered, were an evidence that something more might at length be hoped than words. But the true obstacle to a settlement lay, as had been long evident, rather in the want of an honest will, than in legal difficulties or uncertainty as to the justice of the cause; and while neither of the alternatives as they stood were admissible or immediately desirable, there were many other roads, if the point of honesty were once made good, which would lead more readily to
  1. There was a tradition (it cannot be called more), that no Englishman could be compelled against his will to plead at a foreign tribunal. 'Ne Angli extra Angliam litigare cogantur.'
  2. Henry VIII. to the Ambassadors with the Pope: Rolls House MS.