The Break with Rome

Question 1

Reasons why Henry wanted the annulment

Answer 1

• Wanted to get the annulment of his marriage to Catherine of Aragon (1527)
• Only had one surviving daughter (Mary), and no son
• Henry had fallen in love with Anne Boleyn around 1527

Question 2

Beliefs of the King

Answer 2

• Humanist
• Heavily interested in theology
• Sponsor of Renaissance learning
• More was close friends with Henry and discussed removing superstitions from the church
• Henry attended mass at least once a day, he went on pilgrimages
• He was fervent about the attack on the 95 theses of Martin Luther

Question 3

Concerns over the succession

Answer 3

• By 1527, after 18 years of marriage, Catherine was 42
• Her last pregnancy was in 1518, entered a menopause at 40
• Catherine had many miscarriages
• 18 May 1527 - Chapyus reported to Charles V informing him Henry gathered bishops and lawyers to declare his marriage was void
• Henry used the Old Testament, Leviticus, and Deuteronomy to give laws about marriage and how it was invalid

Question 4

Political reasons for the annulment

Answer 4

• Catherine didn’t bare a male heir
• Mary was female, and female rulers were unthinkable at the time
• War of Roses - Tudor vs. Lancasters, Edward claimed legitimacy to the throne
• Dispensation - Old Testament, Leviticus, Deuteronomy contradicted their guidance so the annulment was hard to justify

Question 5

Religious reasons for the annulment

Answer 5

• ‘Affinity’ - Henry claimed that if they consummated the marriage then it is sin. According to ‘affinity’, Henry was Catherines brother so it was incest
• Julius II mistaken - was wrong to grant dispensation
• Leviticus - in the book it said ‘if a man takes his brother’s wife it is an impurity; he has uncovered his brothers nakedness’

Question 6

Personal reasons for annulment

Answer 6

• Physically Catherine was old and couldn’t bear another child
• Personally Catherine was tired of having children
• Physically for Henry Anne Boleyn was better looking and younger
• infatuation (Anne Boleyn) - was more lively than Catherine
• Catherine didn’t consummate and didn’t back down from all the pressure of an annulment

Question 7

Strategies to gain the annulment?

Answer 7

• Forceful/religious approach
• Legal Approach
• Persuasion

Question 8

Forceful/religious approach

Answer 8

THE CASES:
1. The Original dispensation, issued by Pope Julius II, was insufficient in law
2. The Levitical argument

Question 9

Why did the forceful/religious approach fail?

Answer 9

• Politically inept, unnecessarily confrontational
• No pope was ever likely to admit publicly that one of his predecessors had erred by exceeding his legal powers
• Henry hired theologians and experts, but they disagreed on many things
• Fisher’s theological argument was more persuasive (he was in favour for Catherine), they were the stronger side
• The case got such a high profile, it became impossible for Henry or the papacy to give ground without a huge loss of face

Question 10

Legal approach

Answer 10

THE CASE:
1. The original dispensation was worded incorrectly

Question 11

Why did the legal approach fail?

Answer 11

• Henry’s legal team argued that it was invalid because it was worded incorrectly
• They though Pope Clement would be appeased and accept it
• Got rejected
• Agents working on Catherine’s case were able to locate an alternative version of the dispensation
• To add to Henry’s frustrations, Charles V denied the English ambassador access to the Spanish dispensation
• Charles V had control of Italy, Pope Clement was a prisoner in Rome, Charles could persuade Clement to disregard the annulment

Question 12

Persuasion approach

Answer 12

THE CASES:
1. Remove Pope Clement VII from any personal involvement in the decision-making
2. Delegate responsibility to Wolsey

Question 13

Wolsey’s role in the annulment

Answer 13

• Had enormous power of Church and State
• Prepared to do all he could for annulment
• Tribunal - May 1527 - secret tribunal held to decide that marriage was unlawful under cannon law
• Wolsey set up a papal court in Avignon to make decision on behalf of the Pope

Question 14

Why did the Persuasion approach fail?

Answer 14

• 1528, Henry and Wolsey accepted the appointment of Cardinal Campeggio
• was given titles e.g. bishopric of Salisbury, Cardinal Protector of England
• However, he was in poor health and worked very slowly, frustrating Henry
• 31st May, case opened, Henry frustrated with Campeggio and Wolsey
• Catherine refused to attend court (4 days later charged with contempt of court)
• Campeggio suspended proceedings after 3 weeks of working on the case

Question 15

How responsible was Henry in the failure of the annulment?

Answer 15

• Cardinal Wolsey could’ve exercised Legatus a latere
• Campeggio was a poor option - made mistakes, slow
• Catherine’s appeal meant the Pope had to decide on the matter
• Pope Clement VII and Charles V made it very hard for Henry to beat Catherine’s case

Question 16

Legislation passed by the Reformation Parliament (1529-1532)

Answer 16

1529 - Act to remove benefit of the clergy
1530 - Act of Attainder, Charges of praemunire against the Church
1531- Convocation accept Henry as Supreme Head of the Church
1532 - Submission of the Clergy, Supplication against the Ordinaries, Act to remove Annates

Question 17

What did the Act to remove benefit of the clergy do?

Answer 17

1529
- Claimed that the Church was out of order - simony, nepotism, murder of Richard Hunne
- Abuses of the Church, remove Church courts, they had to go to the King’s Court instead

Question 18

What did the Act of Attainder do?

Answer 18

• Wolsey had an Act of Attainder
• Puts pressure on the Pope because essentially meant Wolsey was going to be executed, he was a Cardinal

Question 19

What did the Charges of praemunire do?

Answer 19

• Set the Church of England for treason for following the Pope instead of the King
• Had to pay $100,000 - because they were following a foreign leader
• If they wanted to $100,000 back they had to follow Henry over the Pope reducing his powers

Question 20

What did the Convocation to accept Henry as Supreme Head do?

Answer 20

1531, put pressure on Church law as they force Henry as the ‘Head of Church’

Question 21

What did the Submission of the Clergy do?

Answer 21

Act of Parliament, where the clergy must follow the King and do what he says

Question 22

What did the Supplication against the Ordinaries do?

Answer 22

Act that claims the Church shouldn’t allow the abuses to happen. Made a stop to all of them in the end

Question 23

What did the Act to remove Annates do?

Answer 23

Act to remove Annates (money given from the Church to the Pope)

Question 24

Acts passed by Reformation Parliament (1533-1534)

Answer 24

1533 - Act in Restraint of Appeals
1534 - Act of Supremacy, Treason Act, First Fruit and Tenths, Act of Succession

Question 25

What did the Act in Restraint of Appeals do?

Answer 25

Forbade all appeals to the Pope in Rome on religious or other matters, making the King the final legal authority over all matters

Question 26

What did the Act of Supremacy do?

Answer 26

Stated that Henry was ‘justly and rightly is and ought to be the Supreme Head of the Church of England’

Question 27

What did the Treason Act do?

Answer 27

Said that Henry ought to be Supreme Head of the Church, made it treasonable to call the monarch a heretic

Question 28

What did the First Fruit and Tenths Act do?

Answer 28

Gave the King the right to collect First Fruit and Tenths (a tax which had been paid by the Clergy to Rome)

Question 29

What did the Act of Succession do?

Answer 29

Made Henry had Catherine’s marriage invalid, declared Mary to be illegitimate to the throne. Made it an act of treason if anyone differed.