Chapter 5 Tudor Flashcards
Reasons for annulment, steps to get annulment
What did the bull of dispensation do?
Overlooked Catherine’s previous marriage to Arthur and stated the marriage to Henry as valid and lawful.
What is a papal bull?
Granted to allow an action usually contrary to canon law but has a good cause to overlook - in this case, the canon law was that a marriage was deemed unlawful in a bond of affinity between 2 parties
What wasn’t the bull valid politically?
Dispensation permitted marriage to ensure England and Spain weren’t at war. Since not at war anymore, they didn’t need the marriage
Why wasn’t the bull valid because of foreign policy?
Henry wanted an alliance with France and therefore wanted the annulment to start this relation
Why was succession important to Henry?
There was disputed concerns over the heir to the throne from the War of Roses and there were many claimants to the throne with strong legitimate claims to royal blood
Without an heir, the succession war could be restarted and therefore important to secure the dynasty
Why did Henry not want a female ruler to rule?
Mary wasn’t seen as a successor to the throne
Those in power diminished confidence a female ruler could rule well
Examples of female rules like Matilda I didn’t provide confidence as the court felt the country would plunge into civil war
Henry felt a queen could provide an opportunity for another older house to claim the throne
Why was a male heir necessary?
Catherine had a number of miscarriages and was likely in menopause in 1527 so unlikely to have more children
A male heir was needed to secure the Tudor dynasty and ensure the court was stable as majority in power were men. The annulment gave Henry the power to marry for the first time and have a son
Why was the bull not valid due to his age?
Written as if Henry made the request but he was underage at the time and therefore couldn’t request the dispensation
What religious argument did Henry base on scripture?
Passage in Leviticus - hoped the Pope would annul on biblical grounds as the Bible was the Word of God and therefore beyond human reasoning to ignore them - therefore the marriage was unlawful and the lack of a male heir came from ignoring this passage - proof of unlawful nature of marriage
Why did Henry feel the Pope was mistaken in allowing the dispensation?
Pope didn’t have a right to dispense the bull since Leviticus was divine law and no-one could overturn this. Henry questioned whether the Pope had the power to dispense the bull and claimed the bull was invalid and the Pope was wrong to grant permission for the marriage to take place.
What did Henry organise ?
Assembled a group of bishops and lawyers to sign a declaration that his marriage to Catherine was null and claimed the marriage to be invalid.
What was the bond of affinity that made the marriage unlawful?
Henry and Catherine were brother and sister from Catherine’s marriage to Arthur which was thought to be consumated.
What were Henry’s personal reasons for getting the annulment?
Anne was younger than Catherine and therefore could produce children
Catherine was vulnerable to Henry discontent and was put at fault for not producing a male heir
Anne refused to be anything other than his wife and he became infatuated with her and her beauty and youth
Catherine refused to become a nun
When did Henry formally seek an annulment of his marriage and tell Catherine of his intention to seek the annulment?
1527
What did Wolsey do in 1527
Gathered a secret tribunal to petition for the Pope to reverse the permission to dispense the bull and to examine the validity of the marriage. Wolsey felt that using his legatine powers he could focus on the legality of the papal dispensation
Why was the court assembled at Blackfriars?
Although Wolsey felt he had the authority to decide as legatus a latere, the Pope was a prisoner of Charles V and this meant that the court was not decided by Wolsey alone
Describe the forceful approach?
Asserting the original dispensation was wrongful as the Pope had no right to ignore divine law nor ignore the prohibition of affinity in a marriage
What did Henry do in the forceful approach?
Enlisted help from theologians to write treatsies in favour of the argument
What was the issue with the forceful approach?
No Pope would admit that a predecessor had made a mistake and overturn their decision
How did the Pope respond to the forceful approach?
Employed theologians wo argued the law written was subject to papal dispensation
What was the consequences of the forceful approach?
Undermined Henry’s case as experts couldn’t agree on the meaning of biblical text.
What was Fisher’s argument?
Felt the instructions in Leviticus were misunderstood and only applied if the brother were still married - was a more persuasive argument
Describe the legal approach?
Objected the original dispensation on technical grounds arguing it was invalid due to wording
What was the benefit of the legal approach?
Avoid direct challenge to the Pope and appease the Pope making it more likely to accept on the basis of a clerical error
How did the Pope respond to the legal approach?
Advisers urged him to consider the legal technicality as undermining the efforts of Catherine
Pope sent representatives to check wording of document in Spain
What did Charles V respond to the legal approach?
Agents located a version of the dispensation among papers of Charles V and this satisfied legal criteria. Charles V denied Henry permission to access the Spanish version of the dispensation
Why was it easy for the Pope to side with Charles V?
Controlled in Rome as prisoner and therefore difficult for Henry to persuade the Pope - This prevented the Pope annuling the marriage
What did Wolsey aim to do?
Delegate responsibility of the case to himself and persuade the Pope to transfer the case to England. He sought to remove personal involvement from Charles V from the decision making of the Pope
Why did Wolsey think to persuade the pope?
As papal legate he felt he had the status to preside the case and felt his legatine powers could seek a successful outcome
What points did the Pope insist on?
Case tried by papal legate
Reserved the right to appoint the 2nd legate
Judgement reached at Legatine Court
Reserved the right to accept the decision reached
What occurred in 1528?
Henry accepts the Pope’s terms and welcomes Cardinal Campeggio as the 2nd legateW
What problems did Campeggio cause?
Stalling as took a slow journey to England
Few negotiations
Took 7 months for the court to meet at Blackfriars in May 1529 caused by Campeggio’s delays and insistence to try the case by canon law
Wolsey attempt to speed up legal process annoyed Campeggio who delayed the case further when Wolsey reverted to bribery and blackmail
Suspended court proceedings in July and said the case was adjourned to meet in October
What was Catherine’s role in the case?
Took 3 weeks to summon her to appear in court and didn’t recognise the right to hear the case
Came to court on the 18th June and was resolute in her position as Henry’s legal wife
Withdrew from the case and didn’t acknowledge the authority of the court
What was the consequence of the court hearings at Blackfriars?
Pope summoned the case back to Rome taking the decision to preside over the case a month before the court was going to meet
What arguments are there to show Wolsey’s positive role in the case?
Organised the tribunal to decide if the marriage was lawful using canon law
Immense power over the Church as legatus a latere as a papal representative
Attempted to get the Pope to allow decision to be made in England
Set up papal court to make decision on behalf of the Pope
What are arguments to show Wolsey didn’t do much?
Pope presided over the case undermining Wolsey and humiliating his legatine powers
Wolsey seen as scapegoat for the annulment wanting to sabotage it to secure papal powers
Underestimated Boleyn and hoped Henry would settle as her as a mistress
Didn’t secure the annulment to Catherine when promised swift resolution due to influence in papacy and status
Couldn’t control what Catherine did such as appealing to Rome/letter in dispensation
How much was Wolsey responsible for not securing the annulment?
Pope under influence from Charles V
Campeggio later returned to Rome
Catherine appealed the case back to Rome
Pope presided on case
However
Did promise Henry a resolution and favourable outcome using his status, influence with papacy and legatine powers - expectation to get annulment
Not keen on Bolen
What were Catherine’s main argument for the case?
Maintained position the marriage hadn’t been consummated and therefore the marriage was valid
Marriage was a sacrament and shouldn’t be broken
Charles V influence was greater and therefore Pope should listen rather to Wolsey
Who did the court faction support?
Boleyn as didn’t want to lose royal favour and few supporters willing to save the marriage
Who were Catherine’s main supporters?
Fisher - wrote 7 theological arguments in support of the marriage
More
Both were motivated in belief in legitimacy of marriage and commitment to marriage as a sacrament
When is the Court held to determine the validity of the marriage?
1529
When did the Spanish Ambassador report the tribunal and that Henry felt the marriage was invalid?
1527
When did Henry become attracted to Boleyn?
1526
