History of the Catholic Church from the Renaissance to the French Revolution — Volume 2MacCaffrey, James
Religion
History of the Catholic Church from the Renaissance to the French Revolution — Volume 2
MacCaffrey, James
Catholic Church -- History -- Modern period, 1500-
an interview with Clement VII., after the latter had made his escape
from Rome to Orvieto (December 1527). It was contended on behalf of
the king that the dispensation granted by Julius II. was null and
void. In proof of this it was contended: that in the Bull it had been
stated that Henry desired to marry Catharine, and that the marriage
was necessary for preserving peace between England and Spain, both of
which statements, it was alleged, were false; that at the time the
disposition was granted Henry was only twelve years of age and
therefore incapable of accepting it; that several persons mentioned in
the Bull, as for example, Queen Isabella and Henry VII., had died
before the marriage took place; and lastly that when Henry reached the
age of puberty he had protested against the marriage, thereby
renouncing for himself the favours granted in the Bull of
dispensation.[5] Later on it was contended, by those who favoured the
separation, that the dispensation was issued by the Pope on the
supposition that the marriage between Arthur and Catharine had not
been consummated, and that therefore, since this condition was not
verified, the dispensation was invalid. But here they were faced with
the difficulty that the great weight of evidence favoured the view
that the marriage had not been consummated; that in any case the
dispensation was ample enough to cover both the impediment of affinity
and public honesty; and that, whatever might be said against the Bull
of dispensation, no such objection could be urged against the brief
said to have been forwarded by the Pope to the court of Spain.[6] As
the English agents had been instructed to seek not merely the
appointment of a commission to declare the invalidity of the
dispensation, and consequently of the marriage, but also for a
dispensation which would permit the king to marry a woman related to
him in the first degree of affinity, whether the affinity had been
contracted by a lawful or unlawful connexion, it was thought prudent
not to lay stress on the argument that marriage with the deceased
brother's wife was prohibited by the divine law, and that, therefore,
the Pope could not grant a dispensation such as had been issued by
Julius II. At a later date great stress was laid upon this argument.
Public-domain text, read in full here on John Shaqi.
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