Chapter 5 Tudor Flashcards
Reasons for annulment, steps to get annulment (43 cards)
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
