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GKC
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Pretty good summary. Comments:The adoption of Protestantism, however, was a political rather than a religious move. King Henry VIII had originally married Catherine of Aragon; since she had been previously married to his brother, though, Henry had to get special papal dispensation for the marriage. Marrying the wife of one’s brother was incest; it was almost equivalent to marrying one’s sister. The marriage, however, produced no male children to occupy the throne at Henry’s death. Henry began to doubt both of the marriage and the spiritual validity of the marriage. In the mid-1520’s, he met and fell in love with Ann Boleyn, a lady in waiting to Catherine. He wished to annul his marriage to Catherine and marry Ann; not only did he love Ann, he feared leaving the throne of England without a male heir.
In order to marry Ann, the marriage with Catherine had to be annulled by the pope. Circumstances, however, were working against him. First, in order to marry Catherine, he needed special papal dispensation. Annulling the marriage would imply that the first papal dispensation was in error, something the pope was not willing to admit. Second, Charles V, the Holy Roman Emperor, had recently invaded Rome and captured the pope. While the pope was allowed to stay pope, he was the virtual prisoner of Charles. The answer to Henry’s request, then, was no and no again.
When he met with failure, Henry did what every other king would do. He fired his closest advisor. This was an important move. His closest advisor on the matter was Cardinal Wolsey, the Lord Chancellor of England. The negotiations with the papal court were largely carried out by Wolsey. When he failed, Henry dismissed and arrested him and replaced him with Thomas Cranmer and Thomas Cromwell. Both these men were sympathetic to the new ideas of Martin Luther. They gave the king some radical advice: if the pope does not grant the annulment, then split the English church off from the Roman church. Rather than the pope, the king would be the spiritual head of the English church. If the King wants an annulment, then the King can grant his own annulment.
- World Civilizations by Richard Hooker
Henry’s marriage to Arthur’s widow faced an obvious impediment; an impediment of affinity, in the first degree, collateral.
The entire impediment/annulment/dispensation sytem at the time was incredibly complicated and continually evolving. It’s primary purpose was to do 2 things simultaneously; allow the Church to maintain control of the sacrament of marriage, and also permit a systematic method by which dynastic marriages could be made and unmade, both for purposes of state, and for convenience. Henry was playing strictly by the rules when he sought (as his sister had sought, just before him) a decree of nullity. He fully expected to get it, it was done literally all the time. And in the ordinary course of events, he would have received his decree, even though the causa he submitted in his petition was not as strong as it could be (he leaned on the Levitical prohibition; a stronger case was available to him). And the sticking point was not so much that Julius II had made an error (that wasn’t necessarily a problem), as that Henry was insisting that to dispense against the Levitical Prohibition was ultra vires, beyond the authority of anyone, even the Pope. There are such impediments, that cannot be dispensed. No one, the Pope included, was considered able to dispense an impediment of consanquinity, in the first degree direct (father/daughter,mother/son), for example. But opinion on whether the impediment of the Levitical Prohibition was of positive, as opposed to Divine, law, had changed over the years. Henry made his cause all the more difficult by insisting that it was of Divine law, and thus beyond the authority of the Pope to dispense, thus poking Clement and the Papacy in the eye. Had he pursued the issue of an undispensed impediment of the public honesty, his case would have been stronger (though even as it was submitted, it normally would have been successful. But, as noted, an Emperor trumps a King. Especially an Emperor holding a Pope. No case Henry submitted would have been successful.
Again, I recommend Scarisbrick’s HENRY VIII (Scarisbrick is RC, BTW). Or, for mind-numbing detail, Kelly’s THE MATRIMONIAL TRIALS OF HENRY VIII.
GKC