H And CofA Divorce Flashcards

1
Q

When does H and CofA divorce seem likely?

A

1527

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2
Q

Why did H8 want divorce?

A

Motivated by lust:
- Tired of marriage to an older women
- Many love letters to Anne
- Anne would not have sex before marriage

• Motivated by pragmatism
- Concern over the succession, didn’t want to reignite civil war – war of roses
- Needed legitimate son and heir – he knew he could produce sons

• Motivated by fear of god – the levitical argument conscience
- Divine law stated he should not marry his brother’s wife
- God was angry and so not giving him sons

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3
Q

OPTION 1 - LEVITICUS
Preferred by Henry

A

‘If a man shall marry is brother’s wife it is an unclean thing’

  • Hs plan was to use Leviticus to persuade pope clement VII that pope julius II’s dispensation was invalid as it clearly says in the bible that you shouldn’t marry brother’s wife
    Challenging papal authority - BAD
    Case was weak as had to prove cath and Arthur marriage was consummated which she always refused
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4
Q

OPTION 2 – CLERICAL ERROR
Wol wanted less direct challenge to papal authority

A
  • Wol suggested to H that they should instead focus on the wording of the og dispensation which focused on ‘affinity’ sex
  • If Cath was a virgin when she married H then there was no ‘affinity’ so dispensation was given on the wrong grounds – it assumed that Kath and Arthur had sex. This would mean dispensation was illegal. Someone had lied in the process – ‘public indecency’
  • This plan was much better as it was a legal argument not based on the bible. Scarisbrick says it would’ve worked if H had gone w it
  • But H decided not to go w this plan
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5
Q

1533 - convocation

A

Stated illegitimacy of marriage between CofA and H and legitimacy of AB marriage

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