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advisers. When exactly the question of a separation from Catharine was
first mooted is uncertain; but there can be no doubt that early in
1527 active steps were taken to secure a condemnation of the marriage.
Wolsey entered warmly into the project, but most of the bishops whom
he consulted were not anxious to assist him; and what was still more
serious Fisher, the learned and saintly Bishop of Rochester, declared
himself from the beginning a determined opponent. The capture of Rome
by imperial troops (1527) made it imperative that the terms of the
French alliance should be completed at once, and Cardinal Wolsey set
out for Paris as the representative of England. While Wolsey was
absent in France arranging the terms of the alliance, Anne Boleyn took
occasion to warn Henry that his great minister was unreliable, that in
his heart he was opposed to the separation, and that without his
knowledge or consent negotiations should be opened directly with the
Roman court. An agent was dispatched to Rome and succeeded in securing
an interview with Clement VII., after the latter had made his escape
from Rome to Orvieto (December 1527). It was contended on behalf of
the king that the dispensation granted by Julius II. was null and
void. In proof of this it was contended: that in the Bull it had been
stated that Henry desired to marry Catharine, and that the marriage
was necessary for preserving peace between England and Spain, both of
which statements, it was alleged, were false; that at the time the
disposition was granted Henry was only twelve years of age and
therefore incapable of accepting it; that several persons mentioned in
the Bull, as for example, Queen Isabella and Henry VII., had died
before the marriage took place; and lastly that when Henry reached the
age of puberty he had protested against the marriage, thereby
renouncing for himself the favours granted in the Bull of
dispensation.[5] Later on it was contended, by those who favoured the
separation, that the dispensation was issued by the Pope on the
supposition that the marriage between Arthur and Catharine had not
been consummated, and that therefore, since this condition was not
verified, the dispensation was invalid. But here they were faced with
the difficulty that the great weight of evidence favoured the view
that the marriage had not been consummated; that in any case the
dispensation was ample enough to cover both the impediment of affinity
and public honesty; and that, whatever might be said against the Bull
of dispensation, no such objection could be urged against the brief
said to have been forwarded by the Pope to the court of Spain.[6] As
the English agents had been instructed to seek not merely the
appointment of a commission to declare the invalidity of the
dispensation, and consequently of the marriage, but also for a
dispensation which would permit the king to marry a woman related to
him in the first degree of affinity, whether the affinity had been
contracted by a lawful or unlawful connexion, it was thought prudent
not to lay stress on the argument that marriage with the deceased
brother's wife was prohibited by the divine law, and that, therefore,
the Pope could not grant a dispensation such as had been issued by
Julius II. At a later date great stress was laid upon this argument.

Clement VII., while not unwilling to grant the dispensation
requested,[7] did not think it consistent with his own honour or that
of the king, to grant the commission according to the terms drawn up
for him in England. A new embassy, consisting of Edward Foxe, and Dr.
Stephen Gardiner, Wolsey's secretary, was dispatched, and arrived at
Orvieto in March 1528. The victorious progress of the French armies in
Italy (1527-28), by relieving Clement VII. from the pressure of the
imperial party, favoured the petition of Henry VIII. Arguments drawn
from canon law and from theology were driven home by Gardiner with a
fluency and wealth of knowledge that astonished the papal advisers,
and when arguments failed, recourse was had to threats of an appeal to
a general council, and of the complete separation of England from the
Holy See. The decretal commission demanded by the English ambassadors
was, however, refused; but, in its place, a decree was issued
empowering Cardinal Wolsey and Cardinal Campeggio to try the case in
England and to pronounce a verdict in accordance with the evidence
submitted to them. As this fell very far short of what had been
demanded by the English envoys, new demands were made for a more ample
authority for the commission, and in view of the danger that
threatened the Catholic Church in England, Clement VII. yielded so far
as to promise that he would not revoke the jurisdiction of those whom