On the other hand, throughout the entire negotiations King Henry and his ministers had insisted jealously on the English privileges.  They had declared from the first that they might, if they so pleased, fall back upon their own laws.  In desiring that the cause might be heard by a papal legate in England, they had represented themselves rather as condescending to a form than acknowledging a right; and they had, in fact, in allowing the opening of Campeggio’s court, fallen, all of them, even Henry himself, under the penalties of the statutes of provisors.  The validity of Catherine’s appeal they had always consistently denied.  If the papal jurisdiction was to be admitted at all, it could only be through a minister sitting as judge within the realm of England; and the maxim, “Ne Angli extra Angliam litigare cogantur,” was insisted upon as the absolute privilege of every English subject.

Yet, if we allow full weight to these considerations, a feeling of painful uncertainty continues to cling to us; and in ordinary cases to be uncertain on such a point is to be in reality certain.  The state of the law could not have been clear, or the statute of appeals would not have been required; and explain it as we may, it was in fact passed for a special cause against a special person; and that person a woman.

How far the parliament was justified by the extremity of the case is a further question, which it is equally difficult to answer.  The alternative, as I have repeatedly said, was an all but inevitable civil war, on the death of the king; and practically, when statesmen are entrusted with the fortunes of an empire, the responsibility is too heavy to allow them to consider other interests.  Salus populi suprema lex, ever has been and ever will be the substantial canon of policy with public men, and morality is bound to hesitate before it censures them.  There are some acts of injustice which no national interest can excuse, however great in itself that interest may be, or however certain to be attained by the means proposed.  Yet government, in its easiest tax, trenches to a certain extent on natural right and natural freedom; and trenches further and further in proportion to the emergency with which it has to deal.  How far it may go in this direction, or whether Henry VIII. and his parliament went too far, is a difficult problem; their best justification is an exceptive clause introduced into the act, which was intended obviously to give Queen Catherine the utmost advantage which was consistent with the liberties of the realm.  “In case,” says the concluding paragraph, “of any cause, or matter, or contention now depending for the causes before rehearsed, or that hereafter shall come into contention for any of the same causes in any of the foresaid courts, which hath, doth, shall, or may touch the king, his heirs or successors, kings of this realm; in all or every such case or cases the party grieved as aforesaid shall or may appeal from any of the said courts of