Henry's quest for a divorce: 'The Great Matter'

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Henry's quest for a divorce: 'The Great Matter'

Why did Henry VIII want to end his marriage to Catherine of Aragon?

1527 Henry was convinced his marriage to Catherine was invalid before God therefore unlawful. Marriage failed to produce male heir. There had been number of sons but had all died shortly after birth. 

Henry interpreted death of his sons as divine intervention- God removed them. 1519 had a son (Henry Fitzroy) with his mistress (Bettie Blount). 

Henry found biblical text to explain God punishing him- The Book Of Leviticus claimed it was unlawful for man to marry his brother's wife. He had broken this law- marrying Catherine had broken this law. 

Difficulties facing Wolsey in obtaining a divorce for Henry

Obtaining a divorce would have been straightfoward (annulments common). Wolsey face problems:

  • Diplomatic pressure of Pope
  • Weakness of Henry's biblical argument 
  • England did not have permanent representation amongst Cardinals in Rome 
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Henry's quest for a divorce: 'The Great Matter'

How did Wolsey try to obtain the divorce?

Wolsey appreciated weakness of Henry's biblical argument and tried to persuade him to take less confrontational line. Original dispensation was invalid as assumed Arthur and Catherine had sexual relations- they had not. Marriage annulled on a technicality. 

Changes to diplomatic situation- Charles was nephew of Catherine. Wolsey tried free Pope from Charles by alliance with France but was unsuccessful. 

Wolsey tried holding the court case in England. As Papal Legate, he has authority to make final decision. Pope Clement agreed but sent Cardinal Campeggio- strict instructions to delay case, make sure judgement never reached. 

Took months for Campeggio to reach England, Catherine refused to recognise it. Appealed to Pope to move it to Rome. Clement agreed as delayed outcome- Wolsey unable to obtain divorce. 

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Why did Wolsey fall from power in 1529?

Wolsey achieved many things since became Chancellor in 1515. 

Opponents (Duke of Norfolk and Suffolk) of Wolsey gathered to push him over the brink. Parliament called 1529, number of anticlerical Acts passed that warning to Church and Wolsey. Sir Thomas More joined attack.

Wolsey expelled and sent to York. Continued to nurture hope of being restored. Summoned to London 1530 to face charges of treason. Died in Leicester Abbey a broken man. 

Major reason is failure to obtain divorce. Chief minister promised King divorce and it was matter that could be easily resolved. 

Henry showed great patience- Anne Boleyn refused to have sex with him until marriage. 

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The relationship between Henry and Wolsey: Wolsey

Wolsey became very skillful in manipulating others. Wolsey enjoyed independent decision-making when Henry allowed him, or short periods of time when King was not aware of what was happening. 

Only couple of disagreements between Wolsey and Henry. 

Wolsey rise to power- retain postition for 15 years- major achievement. 

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Why was there a lack of progress 1529 to 1533?

Fall of Wolsey 1529 and calling of Reformation Parliament solved nothing in terms of divorce crisis. 

Lack of a Chief Minister

Henry replaced Wolsey with Thomas More- brilliant choice in terms of legal training and international reputation as scholar. Helped Henry write Asserto Seprem Sacromentorum. 

More opponent of divorce- only took role on understanding he would not be directly involved in the matter. 

Contending factors

  • Conservatives- strove to defend Queen and Catholic Church. Included Bishop Fisher, Tunstall. More and Imperial Ambassador, Eustace Chapuys 
  • Reformers- grew around Anne Boleyn and brother. Included three Thomases- Cromwell, Cranmer and Audley. 
  • Most influential- aristocrats- Duke of Suffolk and Norfolk, Earls of Wiltshire and Surrey.
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Why was there a lack of progress 1529 to 1533?

The Reformation Parliament 

November 1529 and used by MPs to attack Church over widespread abuses by the Church. The idea was to bring pressure on the Pope through legislation to bring about the divorce. 

The changing nature of Henry's view

1530 Henry collected opinions from finest universities in Europe. Seven of them in favour of Henry's case, agreeing with Leviticus argument it was divine law. Most universities had been bribed to say this. 

Increased pressure on the church 1531-32

January 1531, 15 clergymen accused of praemunire (loyalty to Pope before King). Idea to pay masisve fine of £118,000 as royal funds low, the clergy were pardoned for 'treason'. 

Henry demanded 'Sole protector and Supreme Head of the Church'. Provoked intesne opposition so Henry backed down.

1531 parliamentary session- More humiliating speech, achieved nothing. Refused to resign. 

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Why was there a lack of progress 1529 to 1533?

Increased pressure on the Church 1531-32

Key architect behind Royal Supremacy was Thomas Cromwell. 

15th May 1532 the Submission of the Clergy drawn up in legislative independence of the Church was surrendered to the Crown:

  • Convocation could only meet with permission from King
  • New cannon laws had to be approved by King 
  • Existing cannon laws inspected 

Thomas More resigned as could not reconcile loyalty to the Crown. Church in England under Henry's control.

Henry's control over the Church increasing, did not bring annulment of his marriage. 

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How was Royal Supremacy established?

1533 Anne Boleyn was pregnant- this transformed the situation and obviously added a greater urgency for Henry who was convinced that this would be the son that he craved. 

henry had concerns over the loyalty of the clergy that dated back to the 1515 Standish case. It was an attractive idea to Henry as it would:

  • Increase his power
  • Access to new sources of wealth and future revenue
  • Solve his matrimonial difficulties

The Act in Restraint of Appeals 1533

Passed in March 1533- declared all legal cases which arose in England could be settled in England. Designed to stop Catherine appealing her case to Rome. 

Cranmer annuled Henry's marriage to Catherine, Pope did not agree, July 1533 Clement declared Anne was not Henry's wife and Henry was excommunicated. 

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How was Royal Supremacy established?

The Succession Act 1534
Registered the invalidity of his marriage to Catherine and the validity of his marriage to Anne. Heirs of second marriage were legitimised and Mary was bastardised. 

Became a treasonable offence to speak maliciously against the second marriage. 

The Act of Dispensations 1534
Stopped all payments to Rome. Future dispensations allowing exemptions or departures from canon law would not be issued to Rome.  

The Act of Supremacy 1534
Gave legal supremacy to the submission of the clergy made in 1532, made them fully subjects of the King. Repeated that the King was Supreme Head of the Church. 

The Treason Act 1534
Anyone who claimed Henry was not Supreme Head of the Church was now guilty of treason and could be executed. 

The economic consequences of the Royal Supremacy

  • Payments to Rome were now paid to the King
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