The Reign of Henry the Eighth, Volume 1 (of 3)Froude, James Anthony
History
The Reign of Henry the Eighth, Volume 1 (of 3)
Froude, James Anthony
Great Britain -- History -- Henry VIII, 1509-1547; Henry VIII, King of England, 1491-1547
Among the many _technical_ questions which had been raised upon the
divorce, the most serious was on the validity of the original dispensation;
a question not only on the sufficiency of the form the defects of which the
brief had been invented to remedy; but on the more comprehensive
uncertainty whether Pope Julius had not exceeded his powers altogether in
granting a dispensation where there was so close affinity. No one supposed
that the pope could permit a brother to marry a sister; a dispensation
granted in such a case would be _ipso facto_ void.--Was not the
dispensation similarly void which permitted the marriage of a brother's
widow? The advantage which Henry expected from raising this difficulty was
the transfer of judgment from the partial tribunal of Clement to a broader
court. The pope could not, of course, adjudicate on the extent of his own
powers; especially as he always declared himself to be ignorant of the law;
and the decision of so general a question rested either with a general
council, or must be determined by the consent of Christendom, obtained in
some other manner. If such general consent declared against the pope, the
cause was virtually terminated. If there was some approach to a consent
against him, or even if there was general uncertainty, Henry had a legal
pretext for declining his jurisdiction, and appealing to a council.
Thomas Cranmer, then a doctor of divinity at Cambridge,[251] is said to
have been the person who suggested this ingenious expedient, and to have
advised the king, as the simplest means of carrying it out, to consult in
detail the universities and learned men throughout Europe. His notorious
activity in collecting the opinions may have easily connected him with the
origination of the plan, which probably occurred to many other persons as
well as to him; but whoever was the first adviser, it was immediately acted
upon, and English agents were despatched into Germany, Italy, and France,
carrying with them all means of persuasion, intellectual, moral, and
material, which promised to be of most cogent potency with lawyers'
convictions.
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