Joannes:
It is true that Charles V did more for the Church than the popes of his time. I don’t know whether the talk about Clement’s weakness is justified or not.
However, there was never any basis for the annullment Henry sought.
The papal dispensation had been well within papal authority to give.
Furthermore, and more importantly, Catherine testified under oath that her marriage with Henry’s brother Arthur had never been consummated, and his youth and general sickliness during the span of their marriage made this quite believeable as well.
Thus, Henry’s fear of “incest” was mere histrionics. He already wanted to marry Anne Boleyn, and he meant to have his way.
Regards,
Joannes
Oh dear. Here I am contributing to thread drift, after all. Sorry, Trad. Ang.
Clement was known for vacillating on many things beyond the issue of Henry’s quest for an annulment.
Julius’ dispensation was certainly theoretically within the Papal powers, as they were understood at the time. Though the question of whether such a dispensation was *ultra vires * for even the Pope (i.e., whether the Levitical prohibition was dispensable, or was of divine law), had been kicked around for several centuries, with differing results at differing times. Details available.
But the matter of the impediment and the adequacy of the dispensation in 1506 are far more complicated (history is like that) than is suggested here. It is probable that Catherine and Arthur had not consummated their marriage. Certainly that was her testimony, and that of her
duenna, from the first. While that possibly eliminated the impediment of affinity in the first degree (specifically, the Levitical impediment), it raised the impediment of the justice of public honesty, which arises from an unconsummated marriage. Which Julius’ dispensation did not specifically address. This did not attack the dispensation as
ultra vires, as in the Levitical arguement, but as faulty. That is, in the incredibly complex world of annulments, dispensations and impediments by which the sacrament of marriage was managed, and the world of statecraft was able routinely to make and break dynastic marriages as real-politick demanded, there was reasonable argument that the dispensation was incomplete, and the annulment a reasonable request. Certainly that is the way the system worked at the time, and Henry had no reason to suspect his* causa* would be rejected. Look, after all, at the result of his sister’s petition for an anulment, in March 1527, 2 months before Henry’s own case was presented.
The bottom line: history is complicated. The issue of dynastic marriage in the 16th century was equally complicated. Henry was playing by the rules of the day, and he had a case, even if he failed to see its true strength (Wolsey did). Charles was playing by another set of rules; those of *force majeure *. Charles won. No surprise.
This is a subject I am fond of discussing. More details available. Sorry again, Trad. Ang.
GKC