8
In the spring of 1527, Henry VIII finally set in motion the ecclesiastical machinery that he hoped would bring about the dissolution of his marriage to Katherine of Aragon; what he desired was a declaration that their union had been invalid and unlawful from the first. When news of his intentions leaked out, several people believed that Anne Boleyn had been the cause of his doubts about his marriage. In fact, she was merely a catalyst, and the indications are that Henry would have pursued an annulment at some stage anyway, for overriding all other considerations was his desperate need for a male heir.
Throughout the course of the 'great matter', Henry behaved like a man possessed, on two counts. One was his conviction that he was right, the other was his passion for Anne Boleyn: the French ambassador thought him 'so much in love that God alone can abate his madness'. Under Anne's influence, he was beginning to display the character traits that would govern his later behaviour, and this period of his life saw the beginning of the transition from knight errant to tyrant. It was a slow metamorphosis, however, and would only be accomplished once the King had thrown off first the tutelage of Wolsey, and afterwards the influence of Anne Boleyn. Then he would at last be his own master.
Once the King had made his decision to take proceedings, and because she was the butt of so much speculation at court, Anne Boleyn resolved to return to Hever again. Hever Castle has changed immeasurably since Anne's day. By the eighteenth century it was a ruin, and it was gutted and refurbished at the beginning of the twentieth century, when the present gardens were laid out and the lake dug. Apart from the stone fabric of the building and the moat very little remains from the sixteenth century; yet the restoration has been so harmonious that it is easy to picture Henry and Anne there, in formal gardens very like the present ones.
Anne was rarely at court between May 1527 and the summer of 1529. She joined the King at his manor of Beaulieu in Essex in August 1527, and spent the greater part of a month hunting with him and supping each evening in his privy chamber. From Beaulieu, Anne returned to Hever. She paid a brief visit to court at the end of September, but spent most of the winter at Hever. In March 1528, she and her mother, who acted as chaperon, were the King's guests at Windsor, whither Henry had gone with only a handful of attendants. It was a brief idyll: when the weather was fair, Henry and Anne would ride out hunting or hawking every afternoon, not returning until late in the evening, or would go walking in Windsor Great Park. At other times they occupied themselves with the pastimes they both enjoyed: cards and dice, music, poetry, and dancing. Anne and her mother were again at court during July and August 1528, but by September the political situation was such that Henry sent them back to Hever.
Throughout these long absences, the King found himself once more playing the role of scribe, and his letters to Anne, whom he referred to as 'mine own sweetheart' or 'darling', were written with increasing intensity. He would often abase himself as a courtly suitor should, thanking her 'right heartily for that it pleaseth you still to hold me in some remembrance'. Occasionally, he would end his letters in a code that has never been deciphered, or sign himself 'by the hand which fain would be yours, and so is the heart', or 'by the hand of him which desires as much to be yours as you do to have him'. He needed to see her
more than any earthly thing; for what joy in the world can be greater than to have the company of her who is the most dearly loved, knowing likewise that she, by her choice, holds the same, which greatly delights me.
He spoke often of his 'fervency of love', and told Anne that their frequent separations 'had so grieved my heart that neither tongue nor pen can express the hurt'; she could not begin to imagine 'the sufferings that I, by your absence, have sustained', nor 'the great loneliness that I find since your departing'.
There is a strong sexual tone to these letters. The King spoke often of his need to be 'private' with Anne, and wished he was, 'specially an evening, in my sweetheart's arms, whose pretty dugs [breasts] I trust shortly to kiss'. 'Mine own darling,' he wrote on another occasion, 'I would you were in mine arms, and I in yours, for I think it long since I kissed you.' It would not be long, he assured her, before 'you and I shall have our desired end, which shall be more to my heart's ease than any other thing in this world'. There is no evidence, however - despite rumours to the contrary - that Anne Boleyn surrendered to the King before the autumnof1532. Even the imperial ambassador, who would become her sworn enemy, had to admit that there was no positive proof of adultery. Some intimacies she may have permitted, but never full intercourse. This is substantiated, not only by the King's repeated denials that she was his mistress in the sexual sense, but also by the fact that, once the affair was consummated, Anne became pregnant immediately and conceived regularly thereafter. Of course, there were rumours that she had borne children in secret before then, but they were without foundation, for it is certain that if Anne had conceived during these early years, the King would have moved heaven and earth to have the child born in wedlock, and many people would have known about it. Above all, Anne's surrender was her trump card, and she would have been a fool to play it with the future so uncertain and with the memory of her sister ever before her.
Anne's biographer, George Wyatt, asserted that she was not in love with the King and had hoped for a future husband who was 'more agreeable to her'. He also says she resented the loss of freedom she had suffered as a result of the King's courtship. There was probably an element of truth in these statements. Certainly her feelings for Henry were less intense than his for her; she handled him with such calculated cleverness that there is no doubt that the crown of England meant more to her than the man through whom she would wear it. Nor was she a good correspondent. She often failed to reply to the King's letters, probably deliberately, for everything she did, or omitted to do, in relation to Henry was calculated to increase his ardour. In this respect she never failed. He always wrote again, chiding her for her 'tardiness', begging her 'to advertise me of your well-being', and sending gifts of venison or jewels to please her. If she detected a hint of irritation in his letters, she dealt with it by quickly reverting from the unattainable to the affectionate, and sending a loving reply.
It was Wolsey to whom the King had turned for help and advice about his doubts concerning his marriage. When the Cardinal learned that his master was seeking an annulment, he was horrified, and fell to his knees, begging Henry to proceed no further since the matter would be fraught with difficulties. The King ignored this, insisting the Cardinal take steps to instigate proceedings and, with grave misgivings, Wolsey, as papal legate, convened in secret an ecclesiastical court, which opened on 17 May 1527 at Westminster, its purpose being to consider the King's collusive suit. William Warham, Archbishop of Canterbury, presided, assisted by Wolsey and a host of bishops and canon lawyers. The King was summoned, and asked to account 'to the tranquillity of his conscience and the health of his soul, for having knowingly taken to wife his brother's widow'. He admitted the charge, confessed his doubt, and asked for judgement to be given upon his case. Thereafter, the court reconvened for two further sessions and debated the matter, yet on 31 May the commissioners announced that the case was so obscure and doubtful that they were not competent to judge it. The King then consulted his Privy Council, who agreed there was good cause for scruple, and advised him to apply to the Holy See in Rome for an annulment, the Pope being the only authority qualified to pronounce on the matter.
Elaborate precautions had been taken to keep what was going on a secret, especially from the Queen, but these were not proof against the perception of the Spanish ambassador, who, only the day after proceedings started, was writing to inform Charles V that 'the Cardinal, to crown his iniquities, is working to separate the King and Queen'. That same day, Mendoza sent a secret message to Katherine, informing her of the convening of the Westminster court, and requesting an urgent audience. She sent word that she 'was so afraid she has not dared to speak with me'. The Cardinal's spies were watching.
Mendoza's note shattered the Queen's peace of mind, though she very quickly convinced herself that the proceedings were all Wolsey's doing since they could not be her husband's. Mendoza, fearful that the court and, subsequently, the Pope would be provided with false statements purportedly from the Queen, wanted Katherine to be on her guard. She was grateful for the warning, and acted quickly, asking Vives to represent her at Warham's court. However, not wishing to offend the King, he refused, and the Queen, whose moral courage was never in doubt, withdrew his pension. Nevertheless, events were in her favour. At the beginning of June, news reached England of the sack of Rome, and not only was the King shocked and outraged at reports of the atrocities, but also sensible of the fact that, with the Pope now a prisoner of the Emperor, Katherine's nephew, a favourable decision on his nullity suit was unlikely to be forthcoming for the time being. Wolsey now suggested that he himself should go to France to enlist the support of King Francis, who might prevail upon the Pope to extend Wolsey's legatine powers and thereby enable him to adjudicate on the King's case. Henry agreed that this might be the best solution, and Wolsey began to prepare for his journey.
By late June, events were moving at such a pace, and rumours proliferating so alarmingly, that it was impossible to keep the 'great matter' from the Queen any longer. Henry, of course, was unaware that she had already found out about it from Mendoza, and thus, when he went to her apartments on 22 June 1527, he was feeling distinctly uncomfortable. As soon as Katherine had risen from her curtsey, he blurted out that he was much troubled in his conscience about their marriage, and had resolved to separate himself from her at bed and at board. All he asked was her co-operation, and that she choose a house to retire to, at least until the matter was settled.
As Mendoza reported later, Katherine was 'in great grief when she heard this. Her usual self-control deserted her, and she wept uncontrollably. The King hastened to pacify her, saying he hoped he might be allowed to return to her, and that he only wished to find out the truth about their marriage. All would be done for the best, he assured her, begging her at the same time not to speak of the matter to anyone - he feared that news of his collusive suit would provoke a hostile reaction from Charles V. But Katherine was beyond comprehension, and continued to sob her heart out. Unable to do anything with her, Henry fled.
After she had pulled herself together, Katherine was able to assess her situation. She was alone and without counsel, far from her friends in Spain, with spies watching her every move. Yet she was not for nothing the daughter of Isabella of Castile: her principles were firm, her moral courage undoubted, and she believed her marriage was good and valid. Pope Julius had permitted it, and that was enough for her. She was the King's true wife, and the Princess Mary his legitimate heir, and on these premises she would take her stand. She was convinced that both Wolsey and Anne Boleyn had led the King astray and planted doubts in his mind, and she saw it as her sacred duty to rectify the situation and persuade her husband that he was in error.
To Katherine, what Henry was contemplating was morally reprehensible: the casting off of a blameless and devoted wife after eighteen years of honourable wedlock, and the setting aside of an innocent child. She was at a loss to understand how he could countenance such a thing, though this was a somewhat blinkered view, which did not take into account England's desperate need for a male heir. Henry himself came to feel that Katherine was allowing her earthly pride in her rank to stand in the way of his moral scruples, but it was not so much this as the fact that her pride would never allow her for a minute to acknowledge that she had been, not his wife, but his harlot for eighteen years. That pride, the abiding love she bore him, and the deep conviction that right was on her side would enable her to stand firm in her resolution until the day she died.
In every respect other than that which touched her conscience, Katherine was ready to obey her husband, but in the event her conscience was to prove every bit as formidable as Henry's. Both were strong-willed people, and beneath the Queen's apparent meekness there was a layer of steely determination. The battle once engaged, neither would give any quarter. As Katherine told the Pope's legate in 1528:
Neither the whole kingdom on one hand, nor any great punishment on the other, although she might be torn limb from limb, could compel her to alter her opinion; and if, after death, she should return to life, rather than change her opinion, she would prefer to die over again.
She failed to appreciate that by taking her stand upon the power of the papacy to dispense in a case such as hers, she was in fact doing as much as the King to place its position in jeopardy. Throughout the course of the 'great matter', Katherine rarely reproached Henry. She could not accept, and never would accept,
that his love for her was dead. Affection and respect remained, he observed all the courtesies when they were together, and this led her to believe that all was not lost. If Anne Boleyn's influence were to be removed, she was certain he would return to her and abandon all ideas of annulment. She therefore ignored his initial suggestion that she retire from court, and continued with her daily routine as if nothing amiss had occurred. He wanted no more scenes, and was happy for the present to maintain the pretence that all was well; above all, he wanted to be judged in a favourable light by the Pope when the time came, and Wolsey had warned him to handle Katherine 'both gently and docilely'. He therefore kept her at his side for state functions and visits to their daughter, who had been sent to live at Hunsdon where she owned a manor house. Henry and Katherine were together to welcome the French ambassadors to court in September 1527, and three days later sat side by side to watch a tragic masque in Latin, played by children. In public, the Queen would appear smiling and cheerful. Even the Duke of Norfolk, a man of little feeling and the uncle of Katherine's rival, was able to find words to praise her fortitude in showing such a brave face to the world: 'It was wonderful to see her courage,' he said; 'nothing seems to frighten her.'
Sexual relations between Henry and Katherine had ceased in 1524; since then, they had occasionally shared a bed for form's sake. Now, Henry's confessor advised him not to do even this until a decision had been given on his case. However, Henry chose to ignore this advice, and as late as 2 December 1528, the Spanish ambassador was reporting that the King and Queen were sleeping together at Greenwich, though on that very day Henry declared himself 'utterly resolved and determined never to use the Queen's body again', and thereafter left her to sleep alone.
Towards Anne Boleyn Katherine never betrayed any sign of jealousy, even though she believed - and continued to believe even after Henry's outright denial of the fact in November 1529 - that he and Anne were lovers. As for Anne, George Wyatt says she had been reluctant to accept the King's advances because of the great love she bore the Queen. This may have been so at the beginning of the affair, but her love for her mistress quickly turned into antipathy and then into hatred as she realised that Katherine meant to fight back.
The Queen sought guidance in prayer before making up her mind to ask her nephew, the Emperor, to intercede with the Pope for her. She realised this would not be easy, because of Wolsey's spies about her, but had thought of a plan to outwit the Cardinal. She announced that one of her servants, Francisco Felipez, was to visit his widowed mother in Spain, and obtained for him a safe conduct from the King. In fact Felipez was to carry a message from the Queen to Charles V, and knowing how suspicious Henry could be, Katherine pretended that she did not want him to go. Unfortunately, this did not deceive the King, and Felipez was arrested at Calais and sent back to England. The episode proved to Henry that his wife was not going to submit meekly to having her marriage annulled.
Later in 1527, Katherine did succeed in sending Felipez to the Emperor, and her physician Vittorio also slipped unnoticed out of England to acquaint Charles with further details of her plight. The Emperor had already heard from Mendoza of her situation; in May, the ambassador had told him that 'all her hope rests, after God, upon your Imperial Highness,' and advised him to put pressure on the Pope to tie the hands of the papal legate, Wolsey, and have the case referred to Rome for a decision. Charles V knew perfectly well that Clement VII, a weak and vacillating man, would not dare to give a decision in Henry's favour while he was the Emperor's prisoner, and was perfectly willing to let Henry apply for an annulment if he wished. The Queen, had she known it, was in a very strong position indeed. Nevertheless, in July 1527, Charles expressed to Mendoza his indignation at 'so strange a determination. We do not believe it possible. For the honour and service of God, put an end to this scandalous affair.' And in August, he wrote to Katherine:
You may well imagine the pain this intelligence caused me, and how much I felt for you ... I have immediately set about taking the necessary steps for a remedy, and you may be certain that nothing shall be omitted on my part to help you.
Mendoza, Charles's ambassador, was a true friend to Queen Katherine during this period, and did his best in a difficult situation. It was almost impossible to communicate directly with the Queen, but he too had his spies, and with their help he tirelessly gathered together every scrap of information he could discover, and kept his master extraordinarily well-informed. It was Mendoza who predicted, correctly, in May 1527, that 'there will be many more voices in her favour than against her, both because she is beloved here, as because the Cardinal, who is suspected to be at the bottom of all this, is universally hated.'
The King's 'great matter' first became public knowledge beyond the confines of the court in the early summer of 1527; by July, it was as notorious as if it had been proclaimed by the public crier. Rumour had it that the King was planning to marry the French King's sister, Margaret of Alenqon. Henry was irritated by the rumours, and commanded the Lord Mayor of London to ensure that the people ceased such communications upon pain of his high displeasure. This achieved absolutely nothing, and the rumours became, if anything, more widespread. In June 1527, Wolsey informed all the English ambassadors abroad of the situation, and by the spring of 1528 the 'great matter' was common knowledge throughout the courts of Europe, thanks to the diplomatic network. Outside the dominions of the Emperor, there was a good deal of support for Henry VIII, it being generally felt that his marriage was of doubtful validity.
As Mendoza had reported, Katherine was indeed very popular, both at court and in the kingdom at large, so much so that the King feared demonstrations within her household, once her staff learned what was afoot. Mendoza too had contemplated the possibility of 'some great popular disturbance', but observed that the English 'will probably content themselves with grumbling only'. Nevertheless, from the beginning, Henry believed that Katherine was quite capable of inciting a war with the Emperor or a rebellion of his subjects against him, and had her watched closely.
When Katherine appeared in public, crowds would gather and cry: 'Victory over your enemies!' Women, in particular, spoke out in her favour, believing that the King only sought to be rid of her for his own pleasure, and the French ambassador drily commented that 'if the matter were decided by women, the King would lose the battle'. Nevertheless, those at court and those who looked for preferment tended to support the King, though there were honourable exceptions. In the summer of 1527, Sir Thomas More told the King he believed his marriage to be good and valid. Though disappointed, Henry accepted this in good part, for he respected More. John Fisher, Bishop of Rochester, a man with a reputation for wisdom and sanctity, told Wolsey in June 1527 that it could by no means be proved to be prohibited by any divine law that a brother may marry his wife of his deceased brother, and said he had been powerfully moved to declare himself in favour of the validity of the royal marriage.
Another staunch supporter of the Queen was Reginald Pole, the son of the Princess Mary's governess, Lady Salisbury; he had been studying in Italy at the King's expense and planned to enter the Church. Pole later expressed the belief that Anne Boleyn was responsible for 'the whole lying affair', and became quite outspoken in his views. Later still, when his opposition to the King had made his position in England too uncomfortable and unsafe, Pole fled abroad, remaining a continual thorn in the King's side. Nor did the King enjoy the full support of Archbishop Warham. Warham had been one of those who had advised Henry VII against marrying Katherine to Prince Henry, though the Pope's dispensation had at the time set his mind at rest. He was King's man enough to support his master's pursuit of the truth concerning the validity of his marriage, and told Wolsey in 1527 that 'however displeasantly the Queen might take it, yet the truth and judgement of the law must be followed'. Yet when it came down to basics, Warham was a traditional churchman who would not countenance any attack on the authority of the Holy See. As for Vives, he was reconciled to the Queen in 1528, when she confided to him her profound distress, saying her grief was the greater because she loved Henry so much. Later, Vives wrote: 'Can anyone blame me for consoling her? Who will not praise her moderation?' Even the King's sister Mary supported the Queen, of whom she was very fond, and she hated Anne Boleyn so much that she refused to come to court while she was there.
Some of Katherine's supporters she could have done without. Symbolic of widespread public feeling was the appearance in Kent of a nun, Dame Elizabeth Barton, who suffered from epileptic fits but was reputed to have the gift of prophecy and to have had holy visions. In the summer of 1528, the Nun would prophesy that if the King put away his lawful wife, God would ensure that he should no longer be King in England, and he would die a villain's death. Although it was not yet treason to foretell the King's death, Elizabeth Barton would be fortunate in that for the time being the authorities were prepared to dismiss her as a harmless lunatic; nor did they molest her when she persisted in repeating her prophecies and threats. However, Queen Katherine wisely refused to have anything to do with her.
Wolsey left for France in July 1527. Apart from enlisting the support of King Francis, he hoped also to discuss the possibility of a French marriage for the King, being still unaware that Henry had already decided to marry Anne Boleyn as soon as he was free. However, by August 1527, rumours were circulating in England to the effect that, when Henry had set aside his lawful queen, he would marry his mistress. Such rumours gathered momentum with alarming speed, and provoked a highly undesirable reaction, for if the Londoners as a body had looked unfavourably upon the news that the King intended to put away Queen Katherine, they were scandalised at the reports that he intended to replace her with Anne Boleyn, who was considered an upstart who was no better than she should be. From the first Anne was openly called a whore and a sorceress; nor was there anything the King could do to stop this. Anne might pretend it did not bother her, but her flippancy concealed anger and disappointment. Before very long, the rumours spread across the Channel to France and beyond. Mendoza told the Emperor that Henry was 'so swayed by his passions, that if he can obtain a divorce, he will end by marrying a daughter of Master [ sic] Boleyn'. Some foreign governments recognised that Henry was acting in the interests of his kingdom, but most were scandalised. In France, Wolsey heard the rumours with mounting dismay, and a letter from the King forbidding him to mention to Francis I the question of remarriage only served to confirm his worst fears. He knew Anne to be his enemy now, and he realised that he would in future be working to bring about a marriage that would almost certainly be his own downfall. He had no choice: his loyalty to his master as well as his sense of self-preservation were such that he would continue to spare no efforts to have Henry's marriage annulled, whatever the consequences. He told the King that he was occupied with solving his problems as if it were his only means of obtaining Heaven, and Henry, in turn, made it clear that 'we trust, by your diligence, shortly to be eased out of that trouble'.
Anne Boleyn and her supporters took advantage of Wolsey's absence by doing their best to poison the King's mind against him. Word soon reached him of what was going on, and he was dismayed to learn that Anne, Rochford, Norfolk and Suffolk had all spent the greater part of August at Beaulieu with the King, doubtless undermining his influence and criticising him to his master. He was right to be concerned. The Boleyn faction repeatedly warned Henry that, far from working to secure an annulment, Wolsey was actually doing his best to prevent the Pope from ever granting one. And once this doubt was planted in Henry's mind, the first breach in his friendship with the Cardinal had been successfully made.
To make matters worse, Wolsey had failed to elicit King Francis's support. His mission a failure, he returned home on 17 September; Anne and her supporters were waiting for him. If he thought he was going to be joyfully received by the King, he was very much mistaken.
It was customary for the Cardinal to send a messenger to Henry upon his return from trips overseas; this was the signal for the King to join him in his closet for a briefing. This time, the King was relaxing after dinner with Anne and his courtiers when the messenger arrived and informed him that the Cardinal waited outside and wished to know where he should speak with him. Before Henry could answer, Anne exclaimed, 'Where else should the Cardinal come? Tell him he may come here, where the King is!' Henry, somewhat taken aback, merely nodded at the messenger. Thus the Cardinal was received like any other courtier, with Mistress Anne looking on triumphantly.
It now occurred belatedly to the King that his former relationship with Mary Boleyn placed him in exactly the same degree of affinity to Anne as he insisted that Katherine was to him. Yet while he saw this as an impediment to his union with Katherine, when it came to the prospect of marrying Anne, he still believed a papal dispensation - like the one he was doing his best to have declared invalid - would put matters to rights as far as Mary was concerned. In September 1527, Henry sent his secretary, Dr William Knight, on a secret mission to Rome with instructions to obtain such a dispensation and apply to the Pope for a general commission which would give Wolsey, as papal legate, the authority to examine the King's marriage. His findings could then be submitted to Clement, who would hopefully act upon them, and Katherine would have no right of appeal. What Henry did not know was that, soon after Knight left England, Charles V told the Pope that he was 'determined to preserve the Queen's rights', and commanded Clement not to take any steps preparatory to annulling her marriage, and not to allow the case to be tried in England.
Knight was joined in Italy by Gregory Casale, an English diplomat who had been sent by Wolsey formally to request Clement for a dispensation annulling Henry VIII's marriage to Katherine of Aragon on the grounds that the dispensation of Pope Julius was founded on 'certain false suggestions'. Wolsey was hoping that, out of consideration for the King's services to the Church, the Pope would find a way to ease his conscience and, to this end, Casale was to stress 'the vehement desire of the whole nation and nobility that the King should have an heir'. He was also to assure Clement that, if he granted what the King was asking for, Henry was ready to declare war on the Emperor to procure the freedom of the Holy Father.
Knight and Casale saw Pope Clement in December 1527, and implored his 'prompt kindness', but were told it was not at present possible for him to grant a dispensation annulling the King's marriage. However, he was willing to grant one enabling Henry to remarry within certain prohibited degrees should his first marriage ever be declared unlawful - this was issued on 1 January 1528 - and he also granted Cardinal Wolsey a general commission to try the King's case, though not to pass judgement.
Clement was aware of the constraints placed upon him and terrified of the Emperor. Secretly, he urged Casale to advise Henry to take matters into his own hands and remarry without involving the Holy See, something that would not appeal to the King, who had the future stability of the succession to consider.
Wolsey, meanwhile, had written to Rome to request the appointment of a fellow legate with power to pronounce judgement on the King's case. He suggested Cardinal Lorenzo Campeggio, who had begun his career as a lawyer and, after the death of his wife, had entered the Church and quickly risen to the rank of cardinal. He had visited England and been ordained Bishop of Salisbury on the King's recommendation. Clement said he could not spare Campeggio, and hinted that Wolsey should 'pronounce the divorce' himself and afterwards seek the confirmation of the papal consistory, another course too fraught with uncertainty to meet with Henry's approval.
By December 1527, Wolsey was aware that Anne Boleyn and her faction had undermined his influence with the King to such an extent that Henry was now growing resentful of his power and wealth. He had already handed Hampton Court over to the King in 1526, but now Anne was constantly urging Henry to assert his own authority. Yet he still needed Wolsey, whom he knew to be the most able of his ministers and the only man capable of securing an annulment. Wolsey was bombarding the envoys in Rome with instructions, promises, threats and inducements. Of his own anxiety, he made no secret: 'If the Pope is not compliant,' he wrote, 'my own life will be shortened, and I dread to anticipate the consequences.' At the same time, he was spending large sums on banquets for the entertainment of the King and Anne Boleyn, and doing his best to counteract the slanders heard by the Pope about Anne by praising her for her excellent virtues, the purity of her life, her constant virginity, her maidenly and womanly pudacity, her soberness, chasteness, meekness, humility, wisdom, descent of right noble regal blood, education in all good and laudable manners, and apparent aptness to procreation of children.
On 22 January 1528, England and France together declared war on the Emperor, an unpopular move in England, since it threatened trade links with the Low Countries. A month after this, a committee of canon lawyers assembled by Wolsey at Hampton Court reached the conclusion that the King should press the Pope to grant a decretal commission, which would empower Wolsey to pronounce a definitive sentence on Henry's case. In February, the King sent to Rome Edward Fox, a doctor of divinity who was well versed in canon law, and Stephen Gardiner, a doctor of both civil and canon law and a religious conservative with a ruthless streak whose loyalty to the King was unswerving. Both he and Fox were advocates of an annulment, and could be relied upon to present Henry's case with conviction.
Gardiner and Fox saw the Pope in March 1528, when Clement told them that he had heard that the King wanted an annulment for private reasons only, being driven by 'vain affection and undue love' for a lady far from worthy of him. Gardiner sprang to Henry's defence, pointing out his dire need of a male heir and declaring that Anne Boleyn was 'animated by the noblest sentiments; the Cardinal of York and all England do homage to her virtues'. He also pointed out that the Queen suffered from 'certain diseases' which meant that Henry would never again live with her as his wife. Then he presented the Pope with a treatise that Henry had written on the case, which Clement later pronounced to be 'excellent'. Gardiner and Fox wheedled, begged and bullied over a period of several weeks, but Clement only dithered and procrastinated. In the end, he agreed to send Campeggio to England to try the case with Wolsey, but refused to grant either of them a decretal commission. This was not quite what the King wanted, but it was a start, and the envoys felt reasonably optimistic when they left Rome in April 1528. Fox wrote to Gardiner that Henry heard the news with 'marvellous demonstrations of joy', and Anne Boleyn was so elated that she confused Fox with Gardiner and kept calling him 'Master Stephen'! Yet Wolsey was sceptical about the Pope's intentions. 'I would obtain the decretal bull with my own blood if I could,' he told Casale privately. However, on 4 May, he told the King he was satisfied with the general commission granted to him and Campeggio. It was as well to let Henry believe there was cause for optimism.
In June 1528, the sweating sickness returned to plague London and, later on, the rest of the country. This was a particularly virulent outbreak, and the King, learning with horror that some members of his household had succumbed to the disease, fled with the Queen and Anne and a small retinue to another house, and then another after that, until he was sleeping in a different place each night. Finally, he arrived at Tittenhanger, the Hertfordshire residence of the Abbot of St Albans, where he decided he was far enough from the contagion to stay put for a time. Fearfully, he wondered whether this plague was a visitation from an angry God who was displeased with him for having remained married incestuously to Katherine for so long, or whether the Almighty was wrathful because he was thinking of putting her away. For a time, he believed it might be the latter, and spent the months of May and June almost exclusively in the Queen's company, though as his fear of the sweating sickness abated, so did his doubts.
In the middle of June, one of the ladies assigned to wait on Anne Boleyn caught the plague. A petrified Henry uprooted his decimated court and hastened to an unidentified house twelve miles from Tittenhanger, while Anne was ordered home to her father at Hever. Henry would not have her near him in case she had contracted the deadly virus - his fear of illness and death was stronger than his love for any woman. His anxiety for her was nevertheless acute; 'I implore you, my entirely beloved, to have no fear at all,' he wrote. 'Wheresoever I may be, I am yours.' Wolsey, fearful of a wrathful God, wrote to Henry at this time and begged him to abandon his nullity suit. The French ambassador was present when the King opened the letter, and saw him explode with rage. 'The King used terrible words, saying he would have given a thousand Wolseys for one Anne Boleyn. . . . No other than God shall take her from me,' he had cried.
No sooner had these words been spoken, it seemed, than news reached the King in the night that Anne had fallen ill of the sweating sickness. She had taken to her bed on 22 June, the same day that her sister Mary's husband William Carey, died of the disease. The King was thrown into a frenzy of agitation. He sent for his chief physician, Dr John Chambers, only to be told that he was away from the house attending the sick. However, Dr William Butts, Chambers's second-in-command, was at hand, and Henry dispatched him immediately to Hever, bearing a hastily scribbled letter for Anne. He told her he would willingly bear half her malady to have her well again, and lamented the fact that her illness would lengthen the time they would have to be apart. Dr Butts would 'soon restore your health', he told her, and he himself would then 'obtain one of my chief joys in this world, which is to have my mistress healed'. Anne was to 'be governed by Butts's advice in all things concerning your malady'.
As it happened, when Butts arrived at Hever, he found his patient already recovering, having been visited with only a mild attack of the plague. In fact, she was showing much of her old spirit, declaring that she would have died content if she could die a queen. The King, when he heard the news, was enormously relieved, and sent letters and gifts to aid his sweetheart's recovery, while Wolsey did likewise, knowing it would please Henry. And knowing that Anne was concerned about her sister, who had been left destitute with one child of three and another on the way, the King commanded that Lord Rochford make necessary provision for her, Rochford having hitherto shown himself impervious to his elder daughter's appeals for succour. He then wrote to Anne, telling her what he had done, and, 'seeing my darling is absent', sending her a haunch of venison, 'which is hart flesh for Henry, prognosticating that hereafter, God willing, you must enjoy some of mine ... I would we were together an evening.'
By the end of July, the plague had died out in London, and both Henry and Anne returned to court. The Queen knew very well that Anne was hoping to supplant her, yet she still maintained her attitude of placid forbearance, although she did make one gentle thrust during a game of cards - Henry saw nothing unusual in including both wife and sweetheart in such pastimes - when Anne won by drawing a king. Katherine, with a dry smile, observed, 'My Lady Anne, you have the good hap ever to stop at a king, but you are like the others: you will have all or none.' History does not record the reactions of Anne or the King to this remark.
Cardinal Campeggio left Rome at the end of July 1528. It took him two months to travel to England because he was prone to agonising attacks of gout, something Clement may well have taken into account when appointing him legate, for Clement was playing for time, hoping that the Emperor might set him at liberty, or that Henry would tire of Anne Boleyn and forget about an annulment. In his luggage, Campeggio carried a decretal bull which had been secretly issued on 18 June; the legate had strict instructions not to divulge its existence to Wolsey unless authorised by the Pope, something which would only happen if Charles V relaxed his grip on affairs.
The King and Anne Boleyn were much elated at the prospect of the legate's arrival; 'I trust within a while after [Campeggio's arrival] to enjoy that which I have so longed for, mine own darling,' wrote Henry. They would not have been pleased to learn that Campeggio had in fact been instructed to do his best 'to restore mutual affection between the King and Queen', and, if this was not feasible, 'to protract the matter for as long as possible'. Suffolk, in France to welcome the legate, warned Wolsey that Campeggio's mission to England 'will be mere mockery', but the King did not believe him.
Meanwhile, Anne and her faction had continued their efforts to bring about the destruction of the Cardinal, Anne's malice all the more deadly because it was concealed under a cloak of friendship. When, in 1528, Wolsey brought the long-standing dispute over the earldom of Ormonde to an end by pronouncing in favour of Anne's father, she wrote him a letter couched in the warmest of terms, and promised that, when she was raised to queenship, if there was 'any thing in this world I can imagine to do you pleasure, you shall find me the gladdest woman in the world to do it'. She also assured him of her 'hearty love unfeignedly through my life'. In another letter, she acknowledged that Wolsey was doing everything possible 'to bring to pass honourably the greatest wealth that it is possible to come to any creature living'. And in June 1528, she wrote: 'I do know the great pains and troubles you take for me are never likely to be recompensed, but only in loving you next unto the King's Grace, above all creatures living.'
In April 1528, Anne challenged Wolsey on a new front. The abbess of the ancient and rich foundation at Wilton had just died, and there was fierce competition for the vacant position. Anne's candidate was Dame Eleanor Carey, sister of Mary Boleyn's husband William, and Anne recommended her warmly to the King, knowing that Wolsey favoured the election of the prioress, Dame Isabel Jordan. But Wolsey had heard unsavoury rumours about Eleanor Carey - who had not only had two children by different fathers, both priests, but had also left her convent and lived for a time as the mistress of a servant of Lord Willoughby de Broke - and when Anne was absent from court, he seized his advantage and appointed Isabel Jordan abbess. This earned him a public reproof from the King, who had concluded that Wolsey had gone out of his way to offend Anne, and prompted an abject apology from the Cardinal. Later, when Henry learned the reasons why Eleanor Carey had been passed over, he arranged that neither she nor Dame Isabel should be abbess, writing to Anne to explain the situation and telling her he would not 'for all the gold in the world, clog your conscience nor mine to make her ruler of a house which is of so ungodly demeanour', and that 'the house shall be better reformed, and God the much better served' if someone else were appointed. To mollify Anne, Wolsey sent her an expensive gift, for which she thanked him in a letter in which she begged him never to doubt that she would vary from her loyalty to him. On the surface all was well again.
In the autumn of 1528, though, the Boleyn faction was busy spreading rumours that the Cardinal was working in secret in the Queen's favour. Even the Spanish ambassador believed this, as did many other people, and although Wolsey was in reality as anxious as the King to have the royal marriage annulled, he was powerless to stop this damaging gossip. At present, Henry was disposed to treat it as malicious talk, but if the Pope's sentence ultimately went against him, he might take a very different view, which, observed the Boleyns and their adherents with satisfaction, would mean the end of the Cardinal.
Campeggio arrived at Dover on 29 September 1528. The King had offered him a state welcome to London, but he refused it, remembering that the Pope desired him to execute his commission with as little publicity as possible. Nor did he wish to provoke any public demonstrations, so he travelled quietly by barge to Bath Place, the London house of the bishops of Salisbury by Temple Bar- and took straight to his bed.
The next day, 9 October, he spent three or four hours discussing the 'great matter' with Wolsey, and told him that the best solution would be a reconciliation between the King and Queen. However, as he told the Pope later, he had 'no more success in persuading the Cardinal than if I had spoken to a rock'. Wolsey urged the expediting of the business with 'all possible despatch', alleging that 'the affairs of the kingdom are at a standstill'. If he had not known it before, Campeggio realised then that his sojourn in England would be fraught with difficulties.
The legate first saw the King on 22 October at Bridewell Palace by the Thames, near the monastery of the Black Friars. The interview did not begin well, for Henry was angered by Campeggio's suggestion that he return to the Queen. To pacify the King, and because the Pope had just authorised him to do so, Campeggio produced the decretal bull, saying the Pope had granted it 'not to be used, but kept secret; he desired to show the King the good feeling by which he was animated.' Henry visibly relaxed. The discussion then continued more amicably, although it was clear to the legate that the King wanted nothing less than a declaration that his marriage was invalid. Campeggio realised that, 'if an angel was to descend from Heaven, he would not be able to persuade him to the contrary.'
The legate put forward a suggestion made by the Pope, that Katherine be persuaded to enter a nunnery. If she could be assured that her daughter's rights would not be prejudiced, it might be in her best interests to make a graceful exit and so save everyone a lot of trouble. There were precedents, and her piety was renowned. The Pope could issue a dispensation allowing the King to remarry, and the Emperor could not possibly object. Henry could then make Anne his wife, and England, God willing, would in due course get its heir. Most important of all, the peace of Europe and the stability of the Holy See would no longer be threatened. This sensible idea met with the King's wholehearted approval; he hastened to assure Campeggio that Katherine would only lose 'the use of his person' by entering religion; as matters stood in the convents of the age, she could still enjoy any other worldly comforts she desired.
The two legates waited upon the Queen two days later in her apartments at Bridewell Palace. She was on her guard and very tense, and when Campeggio suggested that entering a nunnery was the ideal solution to her troubles, she refused out of hand on the grounds that she was the King's wife. 'Although she is very religious and extremely patient, she will not accede in the least,' the legate told the Pope. Katherine then swore on her conscience that Prince Arthur had never consummated their marriage, and declared that 'she intended to live and die in the estate of matrimony to which God had called her.' None of Campeggio's arguments could persuade her to change her mind, and when Wolsey warned her it might be better to yield to the King's displeasure, she turned on him, retorting that
Of this trouble, I thank only you, my lord of York! Of malice you have kindled this fire, especially for the great grudge you bear to my nephew the Emperor, because he would not gratify your ambition by making you Pope by force!
Wolsey excused himself, saying it had been 'sore against his will that ever the marriage should come in question', and promised, as legate, to be impartial; Katherine, knowing him to be first and foremost the King's servant, did not believe him. Afterwards, Campeggio wrote to Clement to say he had 'always thought her to be a prudent lady, and now more than ever'.
On 26 October, the legate heard Katherine's confession, at her request, in which she affirmed, upon the salvation of her soul, that she had never been carnally known by Prince Arthur. Campeggio did not doubt she was telling the truth, but he still did his best to persuade her to take the veil, begging, cajoling and bullying in turn. None of it had the slightest effect. She declared she would abide by no sentence save that of the Pope himself, and that she did not recognise the authority of the legatine commission to try the case since she believed it to be biased in Henry's favour.
With Katherine proving obdurate, Henry pressed Wolsey to wrest the decretal bull from Campeggio, but the legate stood firm, and refused to hand it over, saying he could only do what the Pope instructed. It seemed that matters were still weighted strongly in the Queen's favour.
Outwardly, relations between the King and Queen were still cordial, although there was a good deal of tension below the surface. Henry resented the fact that Katherine was able to ignore what was staring her in the face; he also was irritated by the way in which she seemed able to rise above her misery, and in October 1528 he complained to the Privy Council about her behaviour. She was too merry, too richly dressed; she should be praying for a good end to her case rather than gracing courtly entertainments with her presence. Worst of all, by riding out and acknowledging the cheers of the crowds, she was inciting the King's subjects to rebellion. It seemed to Henry that she did not care for him, and he felt she might at least show some sorrow at the prospect of losing him. He even inferred that she was involved in a mysterious plot to kill himself and Wolsey, which can only have been the product of his imagination. Nevertheless, the Council wrote to the Queen, warning her that 'if it could be proved she had any hand in it, she must not expect to be spared.' She was also informed of the King's other complaints about her, and advised that the Privy Council, who thought 'in their consciences that his life was in danger', had urged him to separate from her entirely and take the Princess Mary from her. She was told bluntly that she was 'a fool to resist the King's will'.
The letter was devastating indeed to Katherine, realising as she did that the Council's censure proceeded directly from the King himself. Yet even this did not make her less conscientious regarding her duty to obey him, and she obeyed him now, by taking care to dress more soberly, spending more time at her devotions, adopting a more solemn and grave demeanour, and not venturing out of the palace so often, nor going where she might excite public interest. For all this, she was well aware that she was still under constant observation by the Cardinal's spies, who were usually women in her service who had been bribed with money, gifts and - according to the reformer William Tynedale - sex, in order to get them to betray anything of interest their mistress might have said or done. At least one of these ladies left court because she could no longer injure the Queen in such a way. All of this placed Katherine under an intolerable strain, and when Campeggio saw the Queen in October 1528, he thought she was fifty, when in fact she was just forty-three.
Henry rarely visited her now. When he did, he never stayed long, fearing Anne Boleyn's jealousy, though in public he was anxious to appear as the afflicted husband pining for a wife barred from him by canon law. Few were deceived by this charade - Anne Boleyn being too much in evidence - but Henry persisted with his role-playing, and made sure he was seen in public with Katherine as often as possible. When he saw her in private, they often quarrelled. In November 1528, he told her it would be better for her if she went of her own volition to a nunnery, but she cried out that it was against her soul, her conscience and her honour. 'There will be no judge unjust enough to condemn me!' she said hotly, whereupon Henry, in a very bad temper, left without answering her.
From the autumn of 1528 courtiers left Katherine to herself while they flocked in droves to pay court to Anne Boleyn. Anne was not easily carried away by the great events that had overtaken her, but she was now beginning to enjoy the trappings of power and the adulation that went with them. In July 1528, the King had placed an apartment off the tiltyard at Greenwich at her disposal; at around the same time, she had left the Queen's service. However, her anomalous position, both as an unmarried woman with a reputation to protect and as the future Queen of England, presented a problem. Wolsey thought it more in keeping with propriety for her to have an establishment of her own, and ordered the refurbishment of a London house for her. This was either Durham House on the Strand, where Katherine had once briefly stayed years before, or Suffolk House near Westminster; she would have preferred a house near Greenwich, but one could not be found.
Anne's new residence was made ready for her by her father in his capacity as comptroller of the King's household, and he ensured that it was renovated to a standard fit for a royal bride-to-be. When work was completed, an army of servants and ladies-in-waiting were engaged to serve Anne, and she moved into her new home, where she would keep as much state as if she were queen already. 'Greater court is now paid to Mistress Anne than has been to the Queen for a long time,' observed the French ambassador in November 1528. 'I see they mean to accustom the people by degrees to endure her.'
In December 1528, Mendoza noticed that Wolsey 'was no longer received at court as graciously as before', and reported that 'the King had uttered angry words respecting him'. Nevertheless, when Christmas that year was held at Greenwich, Wolsey and Campeggio were the guests of honour. The King arranged jousts, banquets, masques and disguisings for their entertainment, but the Queen, who was present, took no pleasure in them and hardly smiled. Anne Boleyn was also at Greenwich, lodged separately, attended by a host of servants, and being treated as if she were queen. She kept open house throughout the season, and people flocked to visit her, but she held aloof from the main festivities because, as the French ambassador correctly surmised, 'she does not like to meet the Queen'.
During the first months of 1529, Henry was showering Anne with jewels. His account with his goldsmith, Cornelius Hayes, settled at the end of March, records gifts of diamonds, rubies, bracelets, borders of gold set with gems, pearls for edging sleeves, heart- shaped head ornaments and diamond brooches. In April, Anne took it upon herself to perform a duty normally reserved for anointed queens, that of blessing rings for distribution amongst those afflicted with severe cramps.
By May 1529, she was making headway. With the help of Norfolk, Rochford, Suffolk and their supporters, she had begun to convince Henry that Wolsey had not advanced his nullity suit as energetically as he might have done. When Wolsey denied this, Henry would not listen, and the Cardinal was driven to pleading with the French ambassador to urge Francis I to use his influence in Rome to 'forward the divorce'.
Campeggio, seeing Anne with the King, thought Henry's passion 'an extraordinary thing', and told the Pope: 'He sees nothing, he thinks of nothing but Anne. He cannot do without her for an hour, and it moves me to see how the King's life, the stability and downfall of the whole country, may hang on this.' The King was constantly 'kissing her, and treating her as if she were his wife'. In spite of this, Campeggio was nevertheless almost certain that the lovers 'had not proceeded to any ultimate conjunction'.
Future queen she might be, yet Anne remained exceedingly unpopular with the King's subjects. The notoriety of his 'great matter' and the public enmity displayed towards Anne Boleyn had for some time been a matter of concern to the King. He was horrified to learn that the main topic of discussion among all classes of society was his private life. 'Lack of discreet handling must needs be the cause of it,' he told Anne. Katherine's supporters also felt that such public exposure could only be injurious to her cause. In November 1528, the King had invited his subjects to Bridewell Palace, and, standing before the throne, resplendent in his robes of estate, he had done his best to justify his need for an annulment of his marriage, reminding his audience how peace had prevailed during his reign, and confiding to them his fear of dying without a male heir to succeed him, when, 'for want of a legitimate King, England should again be plunged into the horrors of civil war'. This, he had assured them, was his only motive, and, as touching the Queen, if it was judged that she was his lawful wife, nothing will be more pleasant or acceptable to me, for I assure you she is a woman of most gentleness, humility and buxomness - she is without comparison. So that if I were to marry again, I would choose her above all women.
When he had gone, many Londoners expressed compassion for him, some said nothing, and others were of the opinion that he should never have raised the matter in public. Nevertheless it had been a shrewd move: it had enlisted the sympathy of a section of the public who had hitherto been hostile, and who would now be more aware of the wider issues involved in the 'great matter' and perhaps not be so eager to listen to wild gossip.
Henry's speech had failed in one respect: it had made no impact on the hatred felt by the public for Anne Boleyn. Not only did they see her as a whore and an adulteress, but also, latterly, as a heretic who had succumbed to the lure of Martin Luther's teachings. Anne herself was to some degree responsible for this, although she was not, and never would be, guilty of heresy. She had been brought up in the traditional Catholic faith, and would continue to observe its rites faithfully until her death. Not until the final week of her life would she display the kind of religious devotion exhibited by Katherine of Aragon, yet she was sincere in her beliefs, and became more interested in religious matters as she grew older.
Anne was never a Lutheran - a term not invented until 1529. She was, however, like her father and brother, a fervent champion of the movement for reform within the Church, and she took an enlightened view of so-called heretical literature. She was so interested in it, and presumed upon her influence with the King to such an extent, that she openly read books that he had banned in England, and even asked Henry for his opinions on them. One such book, The Supplication of Beggars by Simon Fish, argued the case for translating the Scriptures into English so that all could read them. Anne was sent this from abroad in 1528 and showed it to Henry, telling him that Fish had fled from England for fear of persecution by Wolsey. The King read the book, which also argued an early form of communism, and decided it should remain on the banned list, but he did not censure Anne, and allowed her to continue reading works like it unchecked.
In 1529, Anne's copy of another forbidden book, William Tynedale'sThe Obedience of a Christian Man, and how Christian Kingsought to Govern, found its way into Wolsey's hands. Discovering this, Anne went straight to the King, begging him on her knees to help her retrieve it. At Henry's command, the Cardinal returned it personally to Anne, knowing he could not touch her in spite of the heresy laws. Anne then lent Henry the book, which challenged the authority of the Pope and his cardinals; he expressed approval, being impressed by some of the arguments it contained, and declared it 'a book for me and all kings to read'.
Thanks to Anne's influence over him, Henry, increasingly disillusioned with the Church of Rome, was becoming more interested in the subject of reform and more liberal in his views, although his observance of his faith was as conventional as ever. It was apparent that if Anne became queen, there might be radical changes in the Church, and while this prospect elated some people, others trembled at it.
In January 1529, Queen Katherine lodged an appeal in Rome against the authority of the legatine court. During the previous months, she had not been idle, but had marshalled her defences to the best of her ability. In October, she had announced that she had in her possession a copy of a brief of dispensation purportedly issued by Julius II in 1503 at the request of Queen Isabella, which provided for Katherine's marriage to Prince Henry while assuming that her first marriage with his brother had been consummated. If genuine, the existence of this document would demolish the King's argument that his marriage was uncanonical because Katherine had been his brother's wife in the fullest sense. The brief differed from the original bull of dispensation in that it omitted the word 'perhaps' when referring to whether or not the first marriage had been consummated. Yet as no one until now had ever heard of the brief's existence, the King and his councillors concluded that it must be a forgery given to the Queen by Mendoza. Mendoza had indeed given Katherine the copy, but he insisted that the original, in the possessionofthe Emperor, was genuine. The Council therefore decided that it must be removed, by fair means or foul, from the imperial archives and destroyed. Katherine was duly instructed to send to Spain for it, and had no alternative but to comply, although she guessed that once it was in England the brief, genuine or not, would conveniently disappear.
The original brief was filed among the papers of the late Dr de Puebla, but the Emperor, no fool, would not part with it. Wolsey insisted that a search be made for the copy that should be in the Vatican archives, and sent a five-man embassy to Rome for the purpose. As well as finding the brief and checking its authenticity, they were also to ask the Pope if the King could follow Old Testament precedents and have two wives, the issue of both being legitimate!
Meanwhile, the Emperor sent yet another copy of the brief to London with a subscription attesting it to be genuine, signed by the most eminent Spanish bishops in his presence. Nevertheless, both Wolsey and Henry suspected trickery, and Wolsey asked the Pope to declare the brief a forgery, knowing that, if Clement agreed to do so, the Queen's case would founder. Clement, however, refused. The English envoys could find no record of the brief at the Vatican, and two English divines sent to Spain to see the Emperor's copy wrote to Wolsey in April 1529 to say that it was undoubtedly a forgery. After that, Katherine realised that it would be useless to produce her copy as evidence at the legatine court; her case would have to stand on its own merits.
That April, Henry ordered her to choose the lawyers who would act as her counsel; she could pick from the best in the realm, he said. She chose Archbishop Warham, the Bishops of Ely and St Asaph, and her staunch supporter, John Fisher, Bishop of Rochester. In naming them, she had shown herself to be an obedient wife, though she still refused to acknowledge the authority of the court. Staunch as her counsellors were, they remained her husband's subjects, and if the verdict should go in her favour, the King's anger, and Anne Boleyn's, might be visited upon them. She did not therefore expect them to give her totally disinterested advice. If the case was heard in Rome, however, she would have more chance of receiving an impartial judgement, and on 16 June, she made yet another formal protest against the legatine court at Baynard's Castle and again appealed to the Pope to hear the case in Rome.
Very little was accomplished with regard to the 'great matter' during the early months of 1529, mainly due to the illness of the Pope, but by March Clement had recovered, and the judicial machinery began to grind slowly into action. Henry was warned by his ambassador in Rome that 'the Pope will do nothing for your Grace'; Clement's hands were well and truly tied by the Emperor, and he told Stephen Gardiner that it would be better 'for the wealth of Christendom if the Queen were in her grave'. Henry, hearing rumours that the Pope was about to revoke the legatine commission, tackled Campeggio, but was assured that Clement was, in fact, 'extremely well disposed' towards him, and that the Emperor 'had not moved him by a hair's breadth from whatever he could rightly do in your Grace's favour'. Charles, however, recalled his ambassador, Mendoza, to Spain in May 1529, and did not replace him until August, wishing to demonstrate his disapproval of the King's case by not being represented in England while it was being heard.
As the date for the hearing approached, Anne Boleyn grew pessimistic and even panicky. The French ambassador reported her as being so agitated about the outcome of the case that she could not conceal her anxiety. She was now twenty-eight, almost middle-aged by the standards of her time, and the likelihood of her producing a healthy child grew less with each passing year. She distrusted Wolsey, believing he was secretly conspiring with the Pope to get rid of her, and she was well aware of how poor her reputation was both in England and abroad. Such power and influence as she had had no basis in law. She knew that, once the King's case came before the legates, she would have to leave London, but where once she would have welcomed a separation, she now dreaded it, and remained in the capital until the last possible moment. Then in June she went to Hever, there to await the outcome of the hearing.
At last, on 30 May 1529, Henry VIII formally authorised the legates to convene their court and hear his case. The court was to sit in the great hall of the monastery of the Black Friars in London, where Parliament sometimes met. Bridewell Palace, where the King and Queen would stay for the duration of the case, was adjacent.
Great care was taken in preparing the courtroom: two chairs upholstered in cloth of gold were placed ready for the legates behind railings on a dais at the end of the hall opposite the door; before them was a table covered with a Turkey carpet for their papers. To the right, in the body of the court, stood the King's throne beneath a cloth of estate, and to the left was a similar seat for the Queen. The court was officially opened on 31 May, but because the workmen were still busy preparing the hall, the actual proceedings did not commence until 18 June, when crowds gathered to see the King and Queen arrive.
It was unheard of for an English sovereign to be summoned to appear in a court of law, still less to await the judgement of a subject, and in the courtroom, where nobility, lawyers, theologians and prelates had gathered, the atmosphere was tense. The day's business opened with the legatine commission being read, followed by a brief summary of the case. To the great disappointment of the crowds waiting outside, the King did not appear but sent two proctors instead. Queen Katherine made a brief appearance, with the four bishops appointed as her counsellors and a great train of attendants. She walked up to the legates, curtsied to them, and reiterated her formal appeal against them as judges not competent to try the case, asking that it be referred to Rome. Then she left. Her appeal was ignored, and a further citation to attend the court three days hence was issued to her. This made her very angry - 'I be no Englishwoman but a Spaniard born!' she cried. If she was not the King's wife, then she was not his subject. Nevertheless, when the three days were up, she was in her place, opposite her husband, before a packed court.
At the appointed time, the crier demanded silence, then called: 'King Harry of England, come into the court!' The King answered in a loud firm voice: 'Here, my lords!' The crier than called: 'Katherine, Queen of England, come into the court!' The Queen did not answer. There was an uncomfortable pause, and then the King turned to the legates and told them he wished to have his doubts resolved for the discharge of his conscience. All he asked was that they determine whether or not his marriage was lawful; he had had doubts about that, he said, from the beginning. Katherine interrupted at this point, saying that this was not the time to say so after so long a silence, but Henry excused himself by reason of the great love he had had, and still had, for her, avowing that he desired, above everything else, that their marriage should be declared valid. Katherine's request to have the case referred to Rome he dismissed as unreasonable, due to the Emperor having the Pope in his power. 'This country is perfectly secure for her, and she has the choice of prelates and lawyers,' he told the court.
Katherine was again called when the King had finished speaking, and all eyes turned to the small stout figure attired in a gown of crimson velvet edged with sable, its skirt open at the front to display a petticoat of yellow brocade. The Queen made no answer to the crier; instead, she rose and walked over to where the King sat on his throne, weaving around the crowded benches and tables. Then she fell on her knees before him, and made a dramatic plea for justice. Several versions of what she said survive, but what follows is extracted from the account given by Wolsey's secretary, George Cavendish, an eyewitness. Speaking in broken English, with a heavy Spanish accent, the Queen's voice echoed in the hushed courtroom:
Sir, I beseech you, for all the loves that hath been between us, and for the love of God, let me have justice and right. Take of me some pity and compassion, for I am a poor woman and a stranger born out of your dominion. I have here no assured friend, and much less indifferent counsel. I flee to you as the head of justice within this realm.
Alas, Sir, where have I offended you? Or what occasion have you of displeasure, that you intend to put me from you? I take God and all the world to witness that I have been to you a true, humble and obedient wife, ever conformable to your will and pleasure. I have been pleased and contented with all things wherein you had delight and dalliance. I never grudged a word or countenance, or showed a spark of discontent. I loved all those whom ye loved only for your sake, whether I had cause or no, and whether they were my friends or enemies. This twenty years and more I have been your true wife, and by me ye have had divers children, though it hath pleased God to call them out of this world, which hath been no fault in me. And when ye had me at the first, I take God to be my judge, I was a true maid, without touch of man; and whether it be true or no, I put it to your conscience.
[A pause. Then:] If there be any just cause by the law that you can allege against me, either of dishonesty or any other impediment, to put me from you, I am well content to depart, to my shame and dishonour. If there be none, I must lowly beseech you, let me remain in my former estate and receive justice at your princely hands.
The King your father was accounted in his day as a second Solomon for wisdom, and my father Ferdinand was esteemed one of the wisest kings that had ever reigned in Spain. It is not therefore to be doubted but that they gathered such wise counsel about them as was thought fit by their high discretions. Also, there were in those days as wise, as learned men, as there are at this present time in both realms, who thought then the marriage between you and me good and lawful.
It is a wonder to hear what new inventions are invented against me, who never intended but honesty, that cause me to stand to the order and judgement of this new court, wherein you may do me much wrong, if you intend any cruelty. For ye may condemn me for lack of sufficient answer, having no indifferent counsel. Ye must understand that they cannot be indifferent counsellors which be your subjects, and taken out of your Council beforehand, and dare not, for your displeasure, disobey your will and intent.
Therefore, most humbly do I require you, in the way of charity and for the love of God, to spare me the extremity of this court, until I may be advertised what way and order my friends in Spain will advise me to take. And if ye will not extend to me so much favour, your pleasure then be fulfilled, and to God I commit my cause.
Throughout Katherine's speech, Henry said nothing, but sat staring past his wife. Nor did he make any comment when she had finished. After a few moments, the Queen rose, curtsied, and made her way out of the hall on the arm of her receiver-general, Griffin Richards. The King commanded the crier to call her back, but she paid no heed, commenting to Richards: 'It is no indifferent court to me, therefore I will not tarry.' Outside the monastery she was greeted by crowds of Londoners, many of them women, who shouted words of encouragement. She acknowledged their support with nods and smiles, and briefly addressed them, requesting their prayers, before returning to Bridewell Palace.
Back in the courtroom, Henry was declaring that Katherine had been to him 'as true, as obedient, and as conformable a wife as I could in my fantasy wish or desire'. He had been fortunate to be blessed with such a queen. 'As God is my witness, no fault in Katherine moved me!' he cried. Then, as his listeners were trying to equate what he was saying about his love for the Queen with what they knew of his passionate pursuit of Anne Boleyn, he reminded them how all his legitimate sons had 'died incontinent after they were born'. That, he believed, had been a punishment from God. His concern was chiefly for the succession; he had not brought these proceedings 'for any carnal concupiscence or mislike of the Queen's person or age, with whom I could be well content to continue during my life if our marriage might stand within God's laws'.
The King then produced a parchment on which was set forth the case his bishops had agreed he had to answer, saying that every bishop in England had set his hand and seal to it. He was interrupted, however, by John Fisher, Bishop of Rochester, one of the Queen's counsellors, who denied he had ever signed or sealed such a document. 'Is this not your hand and seal?' asked the King. 'No, Sire,' answered the Bishop, in a rage. 'Well, well, it shall make no matter,' said Henry testily, 'you are but one man.' Fisher reluctantly sat down, but he had in effect scored a minor victory for the Queen, since he had exposed what was obviously a forged signature and seal and had thereby cast doubts in the mind of Campeggio at least upon the integrity of the King's advisers.
The court sat again on many successive days. Katherine did not appear, despite several citations, and Henry was absent from most of the sessions. Both, however, were represented by their counsel, who spent much of the time arguing about whether the Queen's first marriage had been consummated. They even quarrelled among themselves - Warham and Fisher had a heated dispute over the validity of the royal marriage, and Nicholas Ridley, acting for the Queen, expressed disgust that her private life had ever come under scrutiny in open court.
Meanwhile, Wolsey was doing his best to gain possession of Campeggio's decretal bull, but on 24 June the legate told him that the Pope had written expressly to forbid its use. Wolsey paled. 'That will be my ruin!' he lamented. The King would not be pleased when he found out.
The hearings continued, as did the arguments. At the end of June, the legates were no nearer a conclusion than when the court first sat, notwithstanding a visitation from the King, who begged them to reach a 'final end' as he was so troubled and could not attend to 'anything which should be profitable for my realm and people'. Thereafter, the court met daily without the principal parties. The general consensus of opinion was that the King and Queen's marriage could only be lawful if Katherine had been left virgo intacta by Prince Arthur. Katherine had sworn on the Blessed Sacrament, and in open court, that she had, but the King - who was the only other person who knew the truth of the matter - alleged otherwise, and had gone to great lengths to seek out witnesses to that first wedding night. Nineteen of them gave evidence at the end of June, much of it deeply embarrassing to the Queen, and all of it inconclusive. Prince Arthur's boastful remarks on the day after his wedding were recalled, and several elderly peers were happy to attest that they had been sexually active at Arthur's age and even younger. A few of the witnesses, such as Rochford and Norfolk, belonged to the Boleyn faction.
The King's 'inconceivable anxiety' about the case prompted him, at the beginning of July, to send Wolsey to the Queen in an attempt to persuade her to be reasonable and accept the authority of the court. But she asked the Cardinal to stop and think: 'Will any Englishman counsel or be friendly unto me against the King's pleasure? Nay, my lord. I am a poor woman, lacking in wit and understanding.'
Henry, whose patience was almost at breaking-point, now heard that Campeggio had said he meant to prorogue the court until October, as the papal curia enjoyed a holiday during the summer months, and since the legatine court was an extension of the court of Rome, the same rules must apply to it. This meant that judgement was unlikely to be given this side of the summer recess. On 13 July, Campeggio informed the Pope that some people were expecting a sentence within ten days, but assured him: 'I will not fail in my duty. When giving sentence I will have only God before my eyes, and the Holy See.' Four days later, Clement gave way to imperial pressure and revoked the general commission granted to Campeggio and Wolsey, thus invalidating any further proceedings at the Black Friars court, which was still going ponderously about its business.
In England, rumour had it that Campeggio would pass sentence on 23 July. On that day, the King himself attended the court, sitting with the Duke of Suffolk in a gallery above the door, facing the legates. But it was only to hear Campeggio announce that he would give no hasty judgement in the case until he had discussed the proceedings with the Pope. So saying, he adjourned the court indefinitely.
The effect of his words was tumultuous. The King rose and walked out, his face thunderous, whereupon uproar broke out in the court. The Duke of Suffolk shouted from the gallery: 'By the mass, it was never merry in England whilst we had cardinals amongst us!' Wolsey retorted loudly that 'If I, a simple cardinal, had not been, you should have had at this present time no head upon your shoulders wherein you should have a tongue to make any such report in despite of us!' Suffolk did not answer, and stalked off in search of the King. The legates were left sitting looking at each other.
It might well be a matter of years, and not months, now before the Pope reached a decision. Worse still, the waiting might be in vain: Wolsey knew with bitter certainty that, if the case were heard in Rome, judgement would go in the Queen's favour. If the King went to Rome, he warned the English ambassadors at the Vatican, it would be at the head of a formidable army, and not as a supplicant for justice. And the King, when letters citing him to appear before the papal curia arrived in August, was speechless with rage: 'I, the King of England, summoned before an Italian tribunal?' he cried. But that same month, Charles V and Francis I made peace, which left Henry isolated in Europe. Even now, it was being rumoured at court that the King would take matters into his own hands and force Parliament to grant him an annulment, and although this was not his immediate intention, his anger with the Holy See was mounting, and he was already casting about for another solution.
The referral of the case to Rome had been a consolation to Queen Katherine: the Pope had listened to her, and she was still confident that her husband would eventually return to her. But the King, as if to underline his determination to have his way, left her behind when he went on progress that August, and took Anne Boleyn instead. When he returned, matters were very strained between the royal couple, and at the beginning of October a heated exchange took place, when Katherine told Henry that she knew she had right on her side, and that as she had never been a true wife to his brother, their marriage must be legal.
Katherine now had a new champion in England. In the autumn of 1529 the new Spanish ambassador arrived. Eustache Chapuys was a cultured attorney from Savoy, a man of great ability and astuteness. Never afraid of speaking his mind, he was devoted to the service of the Emperor and those connected with him. He had been well briefed about the treatment meted out to Queen Katherine by her husband, and when he arrived in London he was already committed to her cause. Nor would it be long before, having come to know her, he conceived the deepest admiration and respect, and a very sincere affection, for the Queen.
From the first, Chapuys carried out his duties with more zeal than any of his predecessors, even Mendoza. His initial brief was to bring about a reconciliation between the King and Queen by using 'gentleness and friendship'. But it would only be a matter of time before Chapuys had far exceeded these instructions and became a continual thorn in the side of Henry VIII. He was distrusted by the King's courtiers and advisers, and hated by the Boleyn faction, who feared his influence. The enmity was mutual. Chapuys would never refer to Anne Boleyn as anything other than 'the Concubine' or 'the Lady'. Sir William Paget, one of the King's secretaries, did not consider Chapuys to be a wise man, but a liar, a tale-teller and a flatterer, who had no regard for honesty or truth. Paget, it must be said, was biased, but his comments should be borne in mind, for the dispatches of Chapuys form a major proportion of the source material for this period.
By October 1529, Chapuys had met the King, the Queen, Cardinal Wolsey, and the Privy Council, and had assessed the situation in England. 'The Lady is all powerful here, and the Queen will have no peace until her case is tried and decided at Rome,' he told Charles V. He was right. Henry could not do enough to make up for the disappointment Anne had suffered at the prorogation of the legatine court. In October 1529, the ambassador reported: 'The King's affection for La Boleyn increases daily. It is so great just now that it can hardly be greater, such is the intimacy and familiarity in which they live at present.' In October 1529, Lord Rochford boasted to the French ambassador that the peers of the realm had no influence except what it pleased his daughter to allow them.
It now pleased her to urge them to seek revenge on the man whom she considered to be responsible for her present position, Cardinal Wolsey. After the legatine court had been formally closed on 31 July, this was brought home to Wolsey himself by a letter Anne sent him, in which she accused him of abandoning her interests in favour of those of the Queen. In future, she said, she would rely 'on nothing but the protection of Heaven and the love of my dear King, which alone will be able to set right again those plans which you have broken and spoiled'. There would be no more need for hypocrisy.
For the moment Henry was still reluctant to proceed judicially against Wolsey. Nevertheless, it was soon obvious to the court that the Cardinal had fallen from favour. In August, Henry and Anne went on progress, visiting Waltham Abbey, Barnet, Tittenhanger, Holborn, Windsor, Reading, Woodstock, Langley, Buckingham and Grafton before returning to Greenwich in October. When they were at Grafton in the old royal hunting lodge deep in the Northamptonshire countryside, Campeggio, accompanied by Wolsey, arrived to take formal leave of the King before returning to Rome. No accommodation had been prepared for Wolsey, and he was left standing at a loss in the courtyard until Sir Henry Norris, the King's Groom of the Stole, came and offered him his own room. Norris also advised the King of his arrival, and later brought a summons from Henry, requiring the Cardinal to attend him in his presence chamber with Campeggio.
Wolsey approached the packed room with trepidation, fearing public humiliation, and seeing Norfolk, Suffolk, Rochford and their supporters waiting like birds of prey for the kill. But when the King entered, he greeted Wolsey warmly and helped him up from his knees, gripping him on both arms. Then he led him to a window embrasure where he chatted affectionately to him until dinner was announced. Meanwhile, Norfolk and Rochford had gone straight to Anne Boleyn and warned her what was going on. Consequently, when Henry dined with her that evening, she was in a dangerous mood, showing herself- according to George Cavendish - 'much offended' with him, and reminding him that 'there is never a nobleman within this realm that if he had done but half so much as the Cardinal had done, he were well worthy to lose his head.' 'Why then, I perceive that you are not the Cardinal's friend,' said Henry, with devastating naivety. 'Forsooth, Sir,' cried Anne, 'I have no cause, nor any other that loves your Grace, if ye consider well his doings.'
She was still sulking when, later in the evening, Henry resumed his talk with Wolsey, but the next morning, knowing that the King had planned to sit in council with the Cardinal, she seized her opportunity and persuaded Henry to go hunting with her instead. Thus, when the Cardinal appeared, he found the King, dressed for riding, already mounted in the courtyard. Henry ordered him to return south with Campeggio, and bade him a fond farewell with the whole court looking on. They would never meet again.
Campeggio left England on 5 October. He took with him Henry's love letters to Anne Boleyn, which had been stolen from Anne's London house by one of his agents. Nor were they ever returned, for they are still in Rome today in the Vatican archives. The King's officials searched Campeggio's luggage at Dover, in the hope of securing the decretal bull. They never found it, or the letters.
Anne and her faction did their work thoroughly. In October 1529, the King stripped Wolsey of his office of Lord Chancellor of England and demanded that he surrender the Great Seal. He also commanded his attorney general to prepare a bill of indictment against the Cardinal. In a desperate attempt to placate the King, Wolsey surrendered to him York Place and most of his other property, before retiring to his more modest house at Esher in Surrey. The King was elated at the acquisition of York Place, and in October 1529 he announced it was to be renamed Whitehall and renovated as a palace for Anne Boleyn. That same month, he took Anne and her mother to inspect it, and notwithstanding the presence of a great army of workmen, all engaged upon refurbishment, Anne moved in at once. Whitehall boasted no lodging suitable for Queen Katherine, and Anne was tired of giving precedence to her rival. Now she had her own court and was queen in all but name.
In November, Wolsey, in an agony of anxiety over his future, sent the King a message begging for mercy, and Henry, whose anger had to a great extent been dispelled by the acquisition of his property, placed the Cardinal under his own protection, graciously permitting him to retain the archbishopric of York. And when, thanks to Anne's adherents, Parliament presented the King on 1 December with a list of forty-four articles or charges against Wolsey, Henry declined to punish him further. Anne must perforce wait.
Henry VIII met the man who would present him with a solution to his marital problems in the autumn of 1529. When Stephen Gardiner and Edward Fox were returning from Rome in September, they lodged in a house belonging to Waltham Abbey in Essex. There they met a cleric called Thomas Cranmer, who had sought hospitality in the same house because there was plague in Cambridge, where he was resident in the university.
Cranmer was then forty. Cambridge educated, he had gained a degree in divinity, but soon ruined his career by marrying a barmaid called Black Joan. Marriage was then an impediment to any career in the Church; however, when Joan died in childbirth, the university readmitted Cranmer, who shortly afterwards took holy orders and devoted himself to a lifetime of study. Fox and Gardiner had been fellow students of Cranmer's in their youth, so their meeting turned out to be a friendly reunion, the envoys treating Cranmer to a good dinner. Over the meal, they asked him his opinion on the King's nullity suit. He had not really studied the matter, he said, but he ventured the opinion that the King's case should be judged by doctors of divinity within the universities, and not by the papal courts. 'There is one truth in it,' said Cranmer, and the Scriptures would soon declare it if they were correctly interpreted by learned men trained for such a task; 'and that may be as well done in the universities here as at Rome. You might this way have made an end of the matter long since.' The case, so his argument ran, should be decided according to divine law, not canon law, therefore the Pope's intervention was unnecessary. If the divines in the universities gave it as their opinion that the King's marriage was invalid, then invalid it must be, and all that was required was an official pronouncement by the Archbishop of Canterbury to that effect, leaving the King free to remarry.
This was a radical solution, but to Gardiner and Fox it made sense, and when the King returned to Greenwich in October after his progress they told him about Dr Cranmer's suggestion. 'Marry!' exclaimed Henry, 'This man hath the sow by the right ear!' Cranmer was duly sent for, and came to Greenwich, where Henry was impressed with the sober, quietly spoken, rather timid cleric. He ordered Cranmer to set all other business aside, and 'take pains to see my cause furthered according to your device'. He could begin by writing a treatise expounding his views.
Lord Rochford, Anne's father, was asked to prepare accommodation for Dr Cranmer at his London house, so that he could write in comfort. Rochford gladly complied, and seeing the admiration Dr Cranmer conceived from the first for Anne, he made much of his guest. Not only was Cranmer learned and reassuring, but he was also interested in the new learning and in the arguments for Church reform that were so often aired in the Boleyn household. In no time at all Rochford made Cranmer his family chaplain, and he stayed in that capacity for some time, being allowed frequent access to the King.
Henry VIII's acceptance of Cranmer's suggestion to sound out the universities marks the beginning of a new phase in the 'great matter'. Hitherto, the King's main concern had been to have his marriage declared invalid by the Pope, but now he began to take cognizance of the wider issues involved. He was politically isolated in Europe, and, disillusioned with the Holy See, he perceived himself also as an outcast from a corrupt Church of Rome. Even before the advent of Cranmer, Henry had contemplated severing the Church of England from that of Rome. Now, this seemed a very real possibility for the future if the King wanted his marriage dissolved, for it was almost certain that the Pope would not help him. In this way what began as a matrimonial suit became transformed, very gradually, into a political, theological and ultimately a social revolution. The period of Wolsey's tutelage was over; the lion was at last discovering the full extent of his strength and power. The King was now intent on becoming absolute ruler in his own realm, and More's prophecy, made eight years earlier, would soon be fulfilled.