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HISTORY OF THE CATHOLIC CHURCH:  FROM THE RENAISSANCE TO THE FRENCH REVOLUTION
VOLUME 2
 
 
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proposal Convocation showed itself decidedly hostile, but at last
after many consultations had been held Warham, the aged Archbishop of
Canterbury, proposed that they should acknowledge the king as "their
singular protector only, and supreme lord, and as far as the law of
Christ allows even supreme head." "Whoever is silent," said the
archbishop, "may be taken to consent," and in this way by the silence
of the assembly the new formula was passed.[19] At the Convocation of
York, Bishop Tunstall of Durham, while agreeing to a money payment,
made a spirited protest against the new title, to which protest Henry
found it necessary to forward a reassuring reply. Parliament then
ratified the pardon for which the clergy had paid so dearly, and to
set at rest the fears of the laity a free pardon was issued to all
those who had been involved in the guilt of the papal legate.

Clement VII. issued a brief in January 1531, forbidding Henry to marry
again and warning the universities and the law courts against giving a
decision in a case that had been reserved for the decision of the Holy
See. When the case was opened at the Rota in the same month an
excusator appeared to plead, but as he had no formal authority from
the king he was not admitted. The case, however, was postponed from
time to time in the hope that Henry might relent. In the meantime at
the king's suggestion several deputations waited upon Catharine to
induce her to recall her appeal to Rome. Annoyed by her obstinacy
Henry sent her away from court, and separated from her her daughter.
After November 1531, the king and queen never met again. Popular
feeling in London and throughout England was running high against the
divorce, and against any breach with the Emperor, who might close the
Flemish markets to the English merchants. The clergy, who were
indignant that their representatives should have paid such an immense
sum to secure pardon for an offence of which they had not been more
guilty than the king himself, remonstrated warmly against the taxation
that had been levied on their revenues. Unmindful of the popular
commotion, Henry proceeded to usurp the power of the Pope and of the
bishops, and though he was outwardly stern in the repression of
heresy, the friends of the Lutheran movement in England boasted
publicly that the king was on their side.

When Parliament met again (Jan. 1532), the attacks on the clergy were
renewed. A petition against the bishops, drawn up by Thomas Cromwell
at the suggestion of Henry,[20] was presented in the name of the House
of Commons to the king. In this petition the members were made to
complain that the clergy enacted laws and statutes in Convocation
without consulting the king or the Commons, that suitors were treated
harshly before the ecclesiastical courts, that in regard to probates
the people were worried by excessive fees and unnecessary delays, and
that the number of holidays was injurious to trade and agriculture.
This complaint was forwarded to Convocation for a reply. The bishops,
while vindicating for the clergy the right to make their own laws and
statutes, showed themselves not unwilling to accept a compromise, but
Parliament at the instigation of Henry refused to accept their
proposals. The king, who was determined to crush the power of the
clergy, insisted that Convocation should abandon its right to make
constitutions or ordinances without royal permission, and that the
ordinances passed already should be submitted to a mixed commission
appointed by the authority of the crown. Such proposals, so contrary
to the customs of the realm and so destructive of the independence of
the Church, could not fail to be extremely disagreeable to the
bishops; but in face of the uncompromising attitude of the king they
were forced to give way, and in a document known as the /Submission of
the Clergy/ they sacrificed the legislative rights of Convocation (May
1532). They agreed to enact no new canons, constitutions or ordinances
without the king's consent, that those already passed should be
submitted to a committee consisting of clergy and laymen nominated by
the king, and that the laws adopted by this committee and approved by
the king should continue in full force. Sir Thomas More, who had
worked hard in defence of the Church, promptly resigned his office of
Lord Chancellor that he might have a freer hand in the crisis that had
arisen.

In March 1532 another step was taken to overawe the Roman court and
force the Pope to yield to Henry's demands. An Act was passed
abolishing the Annats or First Fruits paid to Rome by all bishops on
their appointment to vacant Sees. If the Pope should refuse to appoint
without such payments, it was enacted that the consecration should be
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