From the point of view of justice, the Pope had an excellent case;
even the Lutherans, who denied his dispensing power, denounced the
divorce. _Quod non fieri debuit_, was their just and common-sense
point, _factum valet_. But the Pope's case had been hopelessly
weakened by the evil practice of his predecessors and of himself.
Alexander VI. had divorced Louis XII. from his Queen for no other
reasons than that Louis XII. wanted to unite Brittany with France by
marrying its duchess, and that Alexander, the Borgia Pope, required
Louis' assistance in promoting the interests of the iniquitous Borgia
family.[590] The injustice to Catherine was no greater than that to
Louis' Queen. Henry's sister Margaret, and both the husbands of his
other sister, Mary, had procured divorces from Popes, and why not
Henry himself? Clement was ready enough to grant Margaret's
divorce;[591] he was willing to give a dispensation for a marriage
between the Princess Mary and her half-brother, the Duke of (p. 213)
Richmond; the more insuperable the obstacle, the more its removal
enhanced his power. It was all very well to dispense with canons and
divine laws, but to annul papal dispensations--was that not to cheapen
his own wares? Why, wrote Henry to Clement, could he not dispense with
human laws, if he was able to dispense with divine at pleasure?[592]
Obviously because divine authority could take care of itself, but papal
prerogatives needed a careful shepherd. Even this principle, such as
it was, was not consistently followed, for he had annulled a dispensation
in Suffolk's case. Clement's real anxiety was to avoid responsibility.
More than once he urged Henry to settle the matter himself,[593] as
Suffolk had done, obtain a sentence from the courts in England, and
marry his second wife. The case could then only come before him as a
suit against the validity of the second marriage, and the accomplished
fact was always a powerful argument. Moreover, all this would take
time, and delay was as dear to Clement as irresponsibility. But Henry
was determined to have such a sentence as would preclude all doubts of
the legitimacy of his children by the second marriage, and was as
anxious to shift the responsibility to Clement's shoulders as the Pope
was to avoid it. Clement next urged Catherine to go into a nunnery,
for that would only entail injustice on herself, and would involve the
Church and its head in no temporal perils.[594] When Catherine (p. 214)
refused, he wished her in the grave, and lamented that he seemed
doomed through her to lose the spiritualties of his Church, as he had
lost its temporalties through her nephew, Charles V.[595]
[Footnote 590: _L. and P._, iv., 5152, where
Henry's ambassadors quote this precedent to the
Pope. _Cf. ibid._, v., 45, for other precedents.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account