Henry VIII - Annulment and Divorce

Reasons Henry wanted the divorce
1. Henry wanted an heir - Catherine had 6 pregnancies in 15 years and only one child had survived - a girl
2. Catherine was old and lost her looks
3. Henry believe his marriage was sinful because of Leviticus - it said that you shouldn't marry your brother's wife
4. Henry was in love with Anne Boleyn - she was pushed by her uncle the Duke of Norfolk to hold out for marriage
Complications
1. Pope Julius II had given a dispensation for Catherine's marriage to Arthur - if Henry used the Leviticus (ch 20 verse 21) argument it would mean that this dispensation shouldn't have been given
  1. For the current Pope (Clement VII) to admit that Julius was wrong would cause people to question Papal supremacy
    1. Lutherans in Germany are kicking off - this would only make things worse for the Catholic Church
  2. Leviticus said they would be childless, however they weren't - this argument was already invalid
2. 1527 Sack of Rome - Pope Clement was under control of Charles V - Catherine's nephew - Charles wanted Catherine to stay with Henry to promote his own interests
3. Clement delayed the annulment by 2 years with little progress
  1. Henry needed the Pope to give Henry permission (a 'Papal Bull') to marry someone he was already related to, as he had been involved with Anne's sister
    1. However this 'Papal Bull' was only valid if his current marriage was declared invalid - it wasn't
  2. Henry wanted a Legatine Court in England, rather than in Rome
  3. He instructed Campeggio to slow down the Divorce as much as possible
4. 1529 - The court is delayed over the summer and recalled in Rome
5. 1529 Peace of Cambrai and Barcelona are signed - no one will help Henry
Wolsey's approach
1. Catherine claims that her marriage with Arthur wasn't consumated
  1. The dispensation given in 1503 was given on the grounds that her marriage to Arthur WAS consumated
    1. either she is lying or the dispensation is invalid
      1. Wolsey said that she was telling the truth - would make the dispensation invalid, as well as her marriage to Henry
2. 1528 - Pope decides Legatine Court can be held in England, but 2 Papal Legates have to be present (Campeggio with Wolsey)
  1. Wolsey is not worried about Campeggio
    1. Wolsey upstaged him with the Treaty of London in 1518
    2. Campeggio is the Bishop of Salisbury, and therefore gets paid by Henry
Reasons the Divorce failed
1. Henry decided to use his own biblical argument, rather than Wolsey's legal argument
2. Wolsey may not have wanted it - he hated Anne Boleyn and liked Catherine - he also hoped that Henry would bore of Anne, as she wouldn't put out
  1. However, desperate letters to Rome suggest he realised his political power depended on it
Charles V's view on Divorce
1. Catherine was his favourite aunt - family pride - therefore was against it
2. However, modern view is that he wasn't into family pride - one of his other aunts was divorced and he took the throne from his mother
  1. He was more likely interested in keeping Catherine in court for his own interests and the fact he didn't want to back down
Pope Clement VII's view on Divorce
1. He was very indecisive - he hoped the issue would just go away:
  1. Catherine could die or go into a convent
  2. Henry might get bored of Anne - no sex
  3. England might sort it out themselves
2. He was afraid of both Henry and Charles - didn't want to annoy them
3. However, he was determined to do nothing
4. 1534 - Pope declared Henry's marriage invalid - too late as he already married Anne

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Henry VIII - Annulment and Divorce

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