An example of a papal bull of dispensation to marry: from Pope Paul II, 14 May 1469
Henry's distancing himself from Katherine was never really about actually securing a divorce
If Henry had wanted a speedy divorce, there was a much simpler route than the one he followed.
Cardinal Wolsey had already come up with a brilliant and perfectly legal way out. On a technicality.
It went like this: the Queen maintains that her marriage to Henry’s brother Arthur had never been consummated. The Queen claims that she was still a virgin when Henry married her (something, she reminds them, Henry boasted loudly about after their wedding night).
So, according to church law - which says a marriage does not exist unless its consummated - Katherine had never in fact been married to Henry’s brother Arthur. She’d only ever been engaged. So she had never actually needed the pope's permission to marry Henry - and there was no point in Henry now trying to prove the pope had been wrong to give it.
BUT Wolsey pointed out that to marry someone who’d been officially engaged still required a papal dispensation. And it was a different one from the one for those who'd been married, which is what Katherine had asked for and obtained. So technically the dispensation Katherine/Henry had been given before their wedding was ineffective.
This meant Henry’s marriage to Katherine was null and void and (without blaming the Pope and getting into a diplomatic tangle) Henry was free to marry a French princess, or whoever he wanted.
What did Henry do?
He turned down Wolsey’s easy route to a divorce and instead adopted the impossible one - writing abstruse arguments about Old Testament texts to prove that the pope had been wrong. He spent so long on it all that he wrote to Anne that it was giving him headaches.
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