e 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
ma