alled to his remembrance the thing which he
told me two years past; which was, that the opinion of the lawyers was more
certain, favourable, and helping to your cause than the opinion of the
divines; for he said that as far as he could perceive, the lawyers, though
they held quod Papa possit dispensare in this case, yet they commonly do
agree quod hoc fieri debeat ex maxima causa, adhibita causae cognitione,
which in this case doth not appear; and he said, that to come to the truth
herein he had used all diligence possible, and enquired the opinion of
learned men, being of fame and indifferency both in the court here and in
other places. And his Holiness promised me that he would herein use all
good policy and dexterity to imprint the same in the emperour's head; which
done, he reckoneth many things to be invented that may be pleasant and
profitable to your Highness; adding yet that this is not to be done with a
fury, but with leisure and as occasion shall serve, lest if he should
otherwise do, he should let and hinder that good effect which peradventure
might ensue thereby."[399]

This letter has all the character of truth about it. The secretary had no
interest in deceiving Henry, and it is quite certain that, whether honestly
or not, the pope had led him to believe that his sympathies were again on
the English side, and that he was using his best endeavours to subdue the
emperor's opposition.

On the 26th of December, two days later, Sir Gregory Cassalis, who had also
followed the papal court to Bologna, wrote to the same effect. He, too, had
been with the pope, who had been very open and confidential with him. The
emperor, the pope said, had complained of the delay in the process, but he
had assured him that it was impossible for the consistory to do more than
it had done. The opinion of the theologians was on the whole against the
papal power of dispensation in cases of so close relationship; of the canon
lawyers part agreed with the theologians, and those who differed from them
were satisfied that such a power might not be exercised unless there were
most urgent cause, unless, that is, the safety of a kingdom were dependent
upon it. Such occasion he had declared that he could not find to have
existed for the dispensation granted by his predecessor. The emperor had
replied that there had been such occasion: the dispensation had been
granted to prevent war between Spain and England; and that otherwise great
calamiti