[quote=1ke]Nonsense. Henry VIII was not granted an annulment because he had no valid grounds for one.
Catherine of Aragon was married to Henry’s older brother when they were both still children. Arthur died before they consummated the marriage. Because Henry VII (their father) was a greedy man he did not want to return the Spanish princess or her dowery to Spain. Therefore, Henry VIII applied for and received a dispensation to marry the widow of his older brother. A dispensation was necessary and possible because this impediment was a canonical impediment NOT a diriment impediment.
Again, not true. The petition for a decree of nullity was denied because there were no grounds. If it had been proven that there was an impediment of affinity, an annulment would have been granted. However, Catherine of Aragon’s sworn testimony stated otherwise.
The pope cannot annul a valid marriage, and Henry’s was valid.
I’m violating one of my own rules, but this is one of the better posts I’ve seen on the issue of Henry’s search of an decree of nullity. I can’t resist.
You have stated well the basic, standard RC position. But it is a complicated issue, as I’m sure you know.
First, it was, of course, Henry VII who petitioned for a dispensation for Henry *fils * and Catherine to wed. And it seems indeed that Catherine and Arthur had not consumated their marriage. At least that was Catherine’s position from the first. Which, however raises the potential issue of an impediment from the justice of public honesty, as a special case of an impediment of affinity. Which was not directly dispensed by Julius. Henry did have a case, though the one he tried to make was not the stronges.
And the system was designed to function, both to maintain the sacarment, and to allow the making and unmaking of marriages , as points of statecraft. What Hank asked for was not unusual. Look at his sister’s quest for a decree of nullity, just before Hank submitted hs own causa. Flimsy. And she got it.
It is a fascinating and complicated subject. Scarisbrick’s bio of Henry has a good discussion, and Kelly’s MATRIMONIAL TRIALS OF HENRY VIII reveals the staggering complexity of it all.