A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 159: POLLOCK AND MAITLAND, _op. cit._, II, 391 n. 1.
Read the interesting remarks of LECKY, _Democracy and Liberty_,
II, 193-96, who cites, as illustrative of the policy of the Roman
church, the divorce case of Napoleon and Josephine. See also _Law
Review_ (English), I, 353-56.]
[Footnote 160: Before Innocent III., 1215, who reduced the number
to four: WOOLSEY, _Divorce_, 121.]
[Footnote 161: THWING, _The Family_, 83. _Cf._ WOOLSEY, _op.
cit._, 118 ff.]
The marvelous resources of the church in the binding and unbinding
of wedlock are strikingly exhibited in the matrimonial adventures of
Margaret Tudor, daughter of Henry VII. To enable her to marry King
James IV. of Scotland a papal dispensation was requisite, as they
were related within the fourth degree. After he was slain at the
battle of Flodden (1513), Margaret espoused Archibald Douglas, sixth
earl of Angus; and from him in 1527 she obtained by papal authority
a divorce "on the desperate plea first brought forward in 1525,
that James IV. had lived for three years after Flodden," and so was
alive at the time of her second nuptials.[162] Her next experiment
in the spiritual courts was less successful. In vain she tried to
rid herself of her third consort, Henry Stuart, on the pretext that
her previous cohabitation with her husband's fourth cousin, the earl
of Angus, had created a bar to their marriage through affinity.[163]
[Footnote 162: It is interesting to find Wolsey writing in
Henry VIII.'s name "to remind her of the 'divine ordinance of
inseparable matrimony first instituted in paradise,' protesting
against 'the shameless sentence sent from Rome'": TAIT, in _Dict.
of Nat. Biog._, XXXVI, 155.]
[Footnote 163: Henry Stuart (Stewart) was made Lord Methven
by Margaret's son, James V. She "attempted to get rid of that
nobleman by a sentence of the ecclesiastical court, on the ground
that before the marriage she had been (as the record expresses
it) _carnaliter cognita_ by her husband's fourth cousin, the earl
of Angus."--RIDDELL, _Scots' Peerage Law_, 187; _Law Review_, I,
354. On Margaret's marriages and divorces compare THWING, _The
Family_, 83; WOOLSEY, _Divorce_, 169, who says she "got from
Rome a separation from her second husband, the Earl of Angus, on
the pretext of a pre-contract between him and another lady;" and
especially the very accurate account of TAIT, in _Dict. of Nat.
Biog._, XXXVI, 150-57.]
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