Meanwhile, Campeggio found help from an unexpected quarter in his
efforts to waste the time. Quite unknown to Henry, Wolsey, or Clement,
there existed in Spain a brief of Julius II. fuller than the original
bull of dispensation which he had granted for the marriage of Henry
and Catherine, and supplying any defects that might be found in it.
Indeed, so conveniently did the brief meet the criticisms urged
against the bull, that Henry and Wolsey at once pronounced it an
obvious forgery, concocted after the doubts about the bull had been
raised. No copy of the brief could be found in the English archives,
nor could any trace be discovered of its having been registered at
Rome; while Ghinucci and Lee, who examined the original in Spain,
professed to see in it such flagrant inaccuracies as to deprive it of
all claim to be genuine.[614] Still, if it were genuine, it shattered
the whole of Henry's case. That had been built up, not on the (p. 219)
denial of the Pope's power to dispense, but on the technical defects
of a particular dispensation. Now it appeared that the validity of the
marriage did not depend upon this dispensation at all. Nor did it
depend upon the brief, for Catherine was prepared to deny on oath that
the marriage with Arthur had been anything more than a form;[615] in
that case the affinity with Henry had not been contracted, and there
was no need of either dispensation or brief. This assertion seems to
have shaken Henry; certainly he began to shift his position, and,
early in 1529, he was wishing for some noted divine, friar or other,
who would maintain that the Pope could not dispense at all.[616] This
was his first doubt as to the plenitude of papal power; his marriage
with Catherine must be invalid, because his conscience told him so; if
it was not invalid through defects in the dispensation, it must be
invalid because the Pope could not dispense. Wolsey met the objection
with a legal point, perfectly good in itself, but trivial. There were
two canonical disabilities which the dispensation must meet for
Henry's marriage to be valid; first, the consummation of Catherine's
marriage with Arthur; secondly, the marriage, even though it was not
consummated, was yet celebrated _in facie ecclesiae_, and generally
reputed complete. There was thus an _impedimentum publicae honestatis_
to the marriage of Henry and Catherine, and this impediment was not
mentioned in, and therefore not removed by, the dispensation.[617]
[Footnote 614: _Ibid._, iv., 5376-77, 5470-71,
5486-87. For the arguments as to its validity see
Busch, _England under the Tudors_, Eng. trs., i.,
376-8; Friedmann, _Anne Boleyn_, ii., 329; and Lord
Acton in the _Quarterly Rev._, cxliii., 1-51.]
[Footnote 615: She made this statement to Campeggio
in the confessional (_L. and P._, iv., 4875).]
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