vested in him; and being, as he called himself, the
Father of Christendom, the nation thought themselves
entitled to call upon him to make use of that power.
A resource of the kind must exist somewhere—the
relation between princes and subjects indispensably
requiring it. It had been vested in the Bishop
of Rome, because it had been presumed that the sanctity
of his office would secure an impartial exercise of
his authority. And unless he could have shown
(which he never attempted to show) that the circumstances
of the succession were not so precarious as to call
for his interference, it would seem that the express
contingency had arisen which was contemplated in the
constitution of the canon law;[134] and that where
a provision had been made by the church of which he
was the earthly head, for difficulties of this precise
description, the pope was under an obligation either
to make the required concessions in virtue of his
faculty, or, if he found himself unable to make those
concessions, to offer some distinct explanation of
his refusal. I speak of the question as nakedly
political. I am not considering the private injuries
of which Catherine had so deep a right to complain,
nor the complications subsequently raised on the original
validity of the first marriage. A political difficulty,
on which alone he was bound to give sentence, was
laid before the pope in his judicial capacity, in the
name of the nation; and the painful features which
the process afterwards assumed are due wholly to his
original weakness and vacillation.
Deeply, however, as we must all deplore the scandal
and suffering which were occasioned by the dispute,
it was in a high degree fortunate, that at the crisis
of public dissatisfaction in England with the condition
of the church, especially in the conduct of its courts
of justice, a cause should have arisen which tested
the whole question of church authority in its highest
form; where the dispute between the laity and the ecclesiastics
was represented in a process in which the pope sat
as judge; in which the king was the appellant, and
the most vital interests of the nation were at stake
upon the issue. It was no accident which connected
a suit for divorce with the reformation of religion.
The ecclesiastical jurisdiction was upon its trial,
and the future relations of church and state depended
upon the pope’s conduct in a matter which no
technical skill was required to decide, but only the
moral virtues of probity and courage. The time
had been when the clergy feared only to be unjust,
and when the functions of judges might safely be entrusted
to them. The small iniquities of the consistory
courts had shaken the popular faith in the continued
operation of such a fear; and the experience of an
Alexander VI., a Julius II., and a Leo X. had induced
a suspicion that even in the highest quarters justice
had ceased to be much considered. It remained
for Clement VII. to disabuse men of their alarms,
or by confirming them to forfeit for ever the supremacy