The Pope, acting on the request of the French and English ambassadors, had delayed to pronounce a definitive sentence, but the news of Henry's marriage with Anne and of the verdict that had been promulgated by the Archbishop of Canterbury made it imperative that decisive measures should be taken. On the 11th July it was decreed that Henry's divorce from Catharine and his marriage with Anne were null and void.[27] Sentence of excommunication against him was prepared, but its publication was postponed till September, when an interview had been arranged to take place between the Pope and Francis I. Francis I. was not without hope even still that an amicable settlement could be arranged. Throughout the whole proceedings he had espoused warmly Henry's cause, in the belief that England, having broken completely with Catharine's nephew Charles V., might be forced to conclude an alliance with France; but he never wished that Henry VIII. should set the Holy See at defiance, or that England should be separated from the Catholic Church. To the Pope and to Henry he had addressed his remonstrances and petitions in turn, but events had reached such a climax that mediation was almost an impossibility. The interview arranged between the Pope and Francis I. took place at Marseilles in October 1533. Regardless of all the rules of diplomatic courtesy and of good manners, Henry's representative forced his way into the presence of the Pope, and announced to him that the King of England had appealed from the verdict of Rome to the judgment of a General Council. Notices of this appeal were posted up in London, and preachers were ordered to declaim against the authority of the Pope, who was to be styled henceforth Bishop of Rome, and whose sentences and excommunications, the people were to be informed, were of no greater importance than those of any other foreign bishop. The way was now open for the final act of separation.
Parliament met in January 1534. The law passed the previous year against the payment of annats was now promulgated. According to this Act the Pope was not to be consulted for the future regarding appointments to English Sees. When a bishopric became vacant, the chapter having received the /Congé d'élire/ should proceed to elect the person named in the royal letters accompanying the /Congé/, and the person so elected should be presented to the metropolitan for consecration. In case of a metropolitan See, the archbishop-elect should be consecrated by another metropolitan and two bishops or by four bishops appointed by the crown. Another Act was passed forbidding the payment of Peter's Pence and all other fees and pensions paid formerly to Rome. The Archbishop of Canterbury was empowered to grant dispensations, and the penalties of Praemunire were levelled against all persons who should apply for faculties to the Pope. By a third Act a prohibition against appeals to Rome was renewed, although it was permitted to appeal from the court of the Archbishop of Canterbury to the king's Court of Chancery. Convocation was forbidden to enact any new ordinances without the consent of the king, and those passed already were to be subject to revision by a royal commission. Finally, an Act was passed vesting the succession in the children of Henry and Anne to the exclusion of the Princess Mary. The marriage with Catharine was declared null and void by Parliament on the ground principally that no man could dispense with God's law, and to prevent such ******uous unions in the future a list of the forbidden degrees was drawn up, and ordered to be exhibited in the public churches. To question the marriage of Henry with Anne Boleyn by writing, word, deed, or act was declared to be high treason, and all persons should take an oath acknowledging the succession under pain of misprision of treason. That the Parliament was forced to adopt these measures against its own better judgment is clear from the small number of members who took their seats in the House of Lords, as well as from the fact that some of the Commoners assured the imperial ambassador that were his master to invade England he might count on considerable support.
In Rome the agents of Francis I., fearing that an alliance between France and England would be impossible were Henry to throw off his allegiance to the Church, moved heaven and earth to prevent a definitive sentence. The fact that the Emperor was both unable and unwilling to enforce the decision of the Pope, and that instead of desiring the excommunication and deposition of Henry he was opposed to such a step, made it more difficult for the Pope to take decisive measures. Finally after various consultations with the cardinals, sentence was given declaring the marriage with Catharine valid and the children born of that marriage legitimate (23rd March, 1534). When the news of this decision reached England Henry was alarmed. He feared that the Emperor might declare war at any moment, that an imperial army might be landed on the English shores, and that Francis I.
yielding to the entreaties of the Pope might make common cause with the imperialists. Orders were given to strengthen the fortifications, and to hold the fleet in readiness. Agents were dispatched to secure the neutrality of France, and preachers were commanded to denounce the Bishop of Rome. As matters stood, however, there was no need for such alarm. The Emperor had enough to engage his attention in Spain and Germany, and the enmity between Charles V. and the King of France was too acute to prevent them from acting together even in defence of their common religion.