Henry requested a decree of nullity. The distinction is important. The Church did not annul a valid marriage, it declared marriages (in certain cases) to be invalid, and issued a decree of nullity.
Henry’s causa, seeking a decree of nullity, was based on the Levitical Prohibition, forbidding marrying a brother’s widow. Henry’s position was that this was based on Divine, not Church law, hence was ultra vires, beyond the power of even a Pope to dispense, hence Julius’ original dispensation for him to marry Catherine was invalid. There are certain such impediments (ultra vires) and the Church had been mulling over whether the Levitical Prohibition was such, over the years.
Henry’s causa was not totally without merit, but it was flawed and not as strong as it might have been. He had a better case in an undispensed impediment of the justice of public honesty, lurking in Julius’ dispensation, as Wolsey tried to show him, but, in the end, it likely would have failed, too. This was a case of real-politic, as much as Church law. dispensation for any impediments of affinity that might lie against his marriage to Anne. This would not have involved the Levitical Prohibition and would have been a straight forward case of dispensing a diriment impediment of affinity in the second degree.
He never admitted to a liaison with Catherine’s sister, but he did request a generic dispensation against any impediments of affinity that might lie against his marrying Anne. The Levitical Prohibition was not involved, and that would have been a simple dispensation of an impediment of affinity in the second degree.
So much for resolutions.
GKC