Henry VIII - Annulment and Divorce

Henry VIII - Annulment and Divorce

1. Reasons Henry wanted the divorce

   • Henry wanted an heir - Catherine had 6 pregnancies in 15 years and only one child had survived - a girl
   • Catherine was old and lost her looks
   • Henry believe his marriage was sinful because of Leviticus - it said that you shouldn't marry your brother's wife
   • Henry was in love with Anne Boleyn - she was pushed by her uncle the Duke of Norfolk to hold out for marriage

2. Complications

   • 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
     • For the current Pope (Clement VII) to admit that Julius was wrong would cause people to question Papal supremacy
       • Lutherans in Germany are kicking off - this would only make things worse for the Catholic Church
     • Leviticus said they would be childless, however they weren't - this argument was already invalid
   • 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
   • Clement delayed the annulment by 2 years with little progress
     • 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
       • However this 'Papal Bull' was only valid if his current marriage was declared invalid - it wasn't
     • Henry wanted a Legatine Court in England, rather than in Rome
     • He instructed Campeggio to slow down the Divorce as much as possible
   • 1529 - The court is delayed over the summer and recalled in Rome
   • 1529 Peace of Cambrai and Barcelona are signed - no one will help Henry

3. Wolsey's approach

   • Catherine claims that her marriage with Arthur wasn't consumated
     • The dispensation given in 1503 was given on the grounds that her marriage to Arthur WAS consumated
       • either she is lying or the dispensation is invalid
         • Wolsey said that she was telling the truth - would make the dispensation invalid, as well as her marriage to Henry
   • 1528 - Pope decides Legatine Court can be held in England, but 2 Papal Legates have to be present (Campeggio with Wolsey)
     • Wolsey is not worried about Campeggio
       • Wolsey upstaged him with the Treaty of London in 1518
       • Campeggio is the Bishop of Salisbury, and therefore gets paid by Henry

4. Reasons the Divorce failed

   • Henry decided to use his own biblical argument, rather than Wolsey's legal argument
   • 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
     • However, desperate letters to Rome suggest he realised his political power depended on it

5. Charles V's view on Divorce

   • Catherine was his favourite aunt - family pride - therefore was against it
   • 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
     • He was more likely interested in keeping Catherine in court for his own interests and the fact he didn't want to back down

6. Pope Clement VII's view on Divorce

   • He was very indecisive - he hoped the issue would just go away:
     • Catherine could die or go into a convent
     • Henry might get bored of Anne - no sex
     • England might sort it out themselves
   • He was afraid of both Henry and Charles - didn't want to annoy them
   • However, he was determined to do nothing
   • 1534 - Pope declared Henry's marriage invalid - too late as he already married Anne