King Henry VIII of England’s divorce, or annulment, of Catherine of Aragon in 1533 is one of the most infamous separations in history. And while we nearly all know the end result of the divorce proceedings, in hindsight who had the stronger case? Victor Gamma considers this in part 1 of the series.
Note: Part 2 on how the method’s Henry used to overturn the divorce failed is here and part 3 on Catherine’s case is here.
Catherine of Aragon pleads her case against divorce from Henry VIII. Painting by Henry Nelson O'Neil.
“ . . . the unlawful divorce was and is the very seedwoman of all the miseries and evils, of all the heavy and hateful heresies which of late have most pitifully overwhelmed the realm. . .” These words, written from a safe distance many years after the death of King Henry VIII, reflect the furious passions aroused by the decision of the second Tudor monarch to set aside his wife and, by so doing, break with the powerful Catholic Church. By the time King Henry decided to end his marriage with Catherine of Aragon, he was a powerful monarch used to getting his own way. Men who did not dare contradict him surrounded the King. Opposing him was his wife, Queen Catherine, in her own right a woman of stoic conviction and considerable learning. The stage was set for a momentous contest between two strong-willed personalities that would determine the course of English history. Both the King and Queen made their case forcefully. Each could count a host of powerful supporters. Both were equally implacable in their convictions and both could marshal convincing arguments. Although intertwined with politics, this article examines the cases of Henry and Catherine in view of the arguments from theology and canon law of the 16th Century and attempts to avoid issues of politics and motives as much as possible. The case became incredibly convoluted as King Henry’s servants exhausted every contrivance possible to force the Pope to see things their way - but for our sakes this article will focus on the basic facts.
Henry’s challenges
The determined King would have preferred that this delicate and all-important matter go smoothly. However, the path to his goal of divorcing Catherine, remarrying and having the son he so desperately wanted was strewn with obstacles. First, since only the pope could grant an annulment, he had to somehow convince his Holiness that an annulment was necessary and proper. But the political situation in Europe constantly thwarted Henry’s plans. For this reason repeated attempts to obtain an annulment of his marriage and a dispensation to remarry failed. Additionally, Catherine would not budge from her position that she was his wife and queen in the eyes of both God and Man. Before making it a public spectacle, Henry made a final attempt to find an easy way out and ordered Catherine to go to a nunnery. It was a good political move. Catherine had very powerful relatives. She also had much support in England, where she was held in high esteem for her piety and character. If it would look like she voluntarily went to a nunnery, there would be less chance of opposition to the annulment. Henry hoped that his normally dutiful and submissive wife would comply. She did not. All this forced Henry to engage in a systematic effort to justify his actions and to articulate a defensible position. Although royal separations were by no means unknown, Henry knew he had to build a solid case to win over support for his divorce. Since Catherine would appeal any decision to invalidate the marriage to Rome, he also had to contrive a divorce that would not be overturned on appeal to the Curia.
Henry's Case
What exactly did Henry want? It must be pointed out that, although frequently discussed as a divorce, what Henry was seeking was not a divorce but an annulment. The Catholic Church absolutely forbade divorce so that wasn’t even an option. The king was careful to seek an annulment because that meant declaring that the marriage had never been valid and thus, in the eyes of the church, had never existed. Since at that time the laws governing marriage were completely under the control of the church, the divorce had to appeal to canon, or ecclesiastical, law and the Bible. This meant he was running up against the entire canonical rules of the Catholic Church regarding both the starting and ending of marriage. In Henry’s case this involved the teachings on what were termed impediments and dispensations. An impediment occurred when a couple would not be allowed to marry, for example, if they were too closely related. Also, although perhaps rare, the possibility existed wherein a couple unknowingly entered into a marriage in which an impediment existed, such as marrying a first cousin. Once the couple realized their mistake, canon law ruled that they either have the marriage annulled or have the impediment removed through a dispensation.
So what was Henry’s case? It was two-fold: First, that an impediment had existed in his marriage to Catherine. He had married his brother Arthur’s widow and for this God had cursed him. After a decade of marriage he and Catherine had six children, only one of which, a daughter, survived. This was evidence to the King that they were being punished by God. Second, that the dispensation granted by Pope Julius II to allow Henry and Catherine to marry was wrong.
Henry’s favorite evidence came from the Bible. The scriptures Henry used in support were Leviticus 18:16: ‘Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness’, and Leviticus 20:21: ‘And if a man shall take his brother's wife, it is an unclean thing: he hath uncovered his brother's nakedness; they shall be childless’. The king asserted that since Catherine had been married to Henry's brother, Arthur, his marital relations with the widow were a sin. Henry, therefore, was simply trying to right a great wrong. Also, it must be remembered that Henry's status was unique. He was an anointed king. This meant he had a special relationship with God. He truly believed that God was displeased with the marriage and that something must be done about it. The lack of a male heir proved, in his mind, that God had withheld his blessings.
You can read part 2 on how Henry VIII tried to get the marriage overturned here.
What do you think of Henry VIII’s divorce of Catherine of Aragon? Let us know below.
