In spite of the alluring hint thrown out at Wittenberg, the adulterous
King, as everyone knows, did not resort to bigamy. It was Henry the
Eighth’s wish to be rid of his wife, and, having had her removed, he
regarded himself as divorced. After the King had repudiated Catherine,
Luther told his friends: “The Universities [i.e. those which sided
with the English King] have declared that there must be a divorce. We,
however, and the University of Louvain, decided differently.... We
[viz. Luther and Melanchthon] advised the Englishman that it would be
better for him to take a concubine than to distract his country and
nation; yet in the end he put her away.”[12]
When Clement VII declared the first marriage to be valid and
indissoluble, and also refused to countenance any bigamy, Henry VIII
retorted by breaking with the Church of Rome, carrying his country
with him. For a while Clement had hesitated on the question of bigamy,
since, in view of Cardinal Cajetan’s opinion to the contrary, he
found it difficult to convince himself that a dispensation could not
be given, and because he was personally inclined to be indulgent
and friendly; finally, however, he gave Bennet, the English envoy,
clearly to understand that the dispensation was not in his power to
grant.[13] That he himself was not sufficiently versed in Canon Law,
the Pope repeatedly admitted. “It will never be possible to allege the
attitude of Clement VII as any excuse for the Hessian affair” (Ehses).
It is equally impossible to trace the suggestion of bigamy back to
the opinions prevailing in mediæval Catholicism.[14] No mediæval
pope or confessor can be instanced who sanctioned bigamy, while
there are numbers of theologians who deny the Pope’s power to grant
such dispensations; many even describe this negative opinion as the
“_sententia communis_.”[15]
Of Cardinal Cajetan, the only theologian of note on the opposite
side (see above, vol. iii., p. 261), W. Köhler remarks, alluding
particularly to the recent researches of N. Paulus: “It never
entered Cardinal Cajetan’s head to deny that the ecclesiastical
law categorically forbids polygamy.”[16] Further: “Like Paulus, we
may unhesitatingly admit that, _in this case_, it would have been
better for Luther had he had behind him the guiding authority of the
Church.”[17]
* * * * *
Henry VIII, as was only natural, sought to make the best use of the
friendship of the Wittenberg professors and Princes of the Schmalkalden
League, against Rome and the Emperor. He despatched an embassy, though
his overtures were not as successful as he might have wished.
We may describe briefly the facts of the case.
Public-domain text, read in full here on John Shaqi.
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