Note (back) — Chapter VIII

It was thus with the utmost reluctance that he granted the commission brought by Knight. It was a draft, drawn up by Wolsey, apparently declaring the law on the matter and empowering Wolsey, if the facts were found to be such as were alleged, to pronounce the nullity of Catherine's marriage.[596] Wolsey desired that it should be granted in the form in which he had drawn it up. But the Pope's advisers declared that such a commission would disgrace Henry, Wolsey and Clement himself. The draft was therefore amended so as to be unobjectionable, or, in other words, useless for practical purposes; and, with this commission, Knight returned to England, rejoicing in the confidence of complete success. But, as soon as Wolsey had seen it, he pronounced the commission "as good as none at all".[597] The discovery did not improve his or Henry's opinion of the Pope's good faith; but, dissembling their resentment, they despatched, in February, 1528, Stephen Gardiner and Edward Foxe to obtain fresh and more effective powers. Eventually, on 8th June a commission was issued to Wolsey and Campeggio to try the case and pronounce sentence;[598] even if one was unwilling, the other might act by himself; and all appeals from their jurisdiction were forbidden. This was not a decretal commission; it did not bind the Pope or prevent him from revoking the case. Such a commission was, however, granted on condition that it should be shown to no one but the King and Wolsey, and that it should not be used in the procedure. The Pope also gave a written promise, in spite of a protest lodged on Catherine's behalf by the Spanish ambassador, Muxetula,[599] that he would not revoke, or do anything to invalidate, the commission, but would confirm the cardinals' decision.[600] If, Clement had said in the previous December, Lautrec, the French commander in Italy, came nearer Rome, he might excuse himself to the Emperor as having acted under pressure.[601] He would send the commission as soon as Lautrec arrived. Lautrec had now arrived; he had marched down through Italy; he had captured Melfi; the Spanish commander, Moncada, had been killed; Naples was thought to be on the eve of surrender.[602] The Spanish dominion in Italy was waning, the Emperor's thunderbolts were less terrifying, and the justice of the cause of his aunt less apparent.