d
further violence they must be prepared to find the Emperor and Ferdinand
their open enemies; the Emperor regarded the Queen as his mother, and the
Princess as his sister; and, though he allowed that he was speaking
without instructions, he intimated distinctly that the Emperor would not
fail to protect them, and protect the cause of the Church, which had been
intertwined with theirs.

Chapuys was bold, bolder perhaps than the Council had expected. The Bishop
of Durham rose after a short pause. He had been Catherine's advocate,
and, as Chapuys said, was one of the most learned and honest prelates in
the realm. But he, too, had come to see that the cause now at issue was
the independence of England. He said that the statute had been well
considered. It had been passed for the quiet of the realm, and must be
obeyed. On Chapuys rejoining that the quiet of the realm required the
King's return to his wife, Tunstall mentioned the promises which had been
made at the beginning of the suit, and produced the decretal which the
Pope had given at Orvieto, declaring the marriage with Catherine invalid.
Chapuys, in his answer, admitted, unconsciously, the justice of the
English plea. He said the decretal had been issued when the Pope had just
escaped from St. Angelo, and was angry and exasperated against the
Emperor. As to other promises, he might or might not have made them. If he
said he would give judgment in the King's favour, he might have meant
merely such a judgment as would be good for the King; or perhaps he was
doing as criminal judges often did--holding out hopes to prisoners to
tempt confessions from them. Such practices were legitimate and laudable.

The English argument was that a judge such as Chapuys described was not to
be trusted with English suits. Henry himself could not have put the case
more effectively. The Bishop of London spoke, and the Archbishop of York,
and then Sampson (the Dean of the Chapel Royal), who affirmed bluntly that
the Pope had no inherent rights over England. Man had given him his
authority, and man might take it from him. Chapuys replied that the King
had found it established when he came to the throne, and had himself
recognised it in referring his cause to the Pope. Cranmer was present,
but took no direct part. He brought out, however, the true issue, by
suggesting, through Tunstall, that the Pope had incapacitated himself by
submitting to be controlled by the Emperor. This was the point o