Papal dispensations for HVII and EoY and premarriage consummation?

Papal dispensations for HVII and EoY and premarriage consummation?

2014-11-12 12:32:52
mac.thirty

I stumbled on a blog by a non historian user tackling the issue of the papal dispensations for HVII and EoY and the possibility of premarriage consummation that led to a "8 months" pregnancy for their first born Arthur. Here is the link to the related blog page livebythesword  I am not a historian but here's my two cents: ...

livebythesword  I am not a historian but here's my two ... I am not a historian but here's my two cents: Henry was indeed taking his time after Bosworth before committing to marry Elizabeth. I do believe that he was actua... View on cingupearl.tumblr.com Preview by Yahoo


The blog says the dispensation granted on January 16th 1486 "was not the official papal one, Henry grabbed hold of a certain Bishop of Imola, a Papal representative who happended to be there and who was giving out 10 dispensations for people to marry, to get his licence and marry immediately. This is corroborated by the fact that when the official dispensations showed up in March 1486 (long after the wedding) they were worded in such a way that shows that the Pope had no idea that the wedding had already taken place. In fact, the Pope had to keep sending extra approval letters up until June 1486 to show his recognition and approval of Imola's dispensation." This assumption is based on the following article published on the site of RIII Society's American Branch Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his treatment of Elizabeth Woodville. | Richard III Society  American Branch

Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his... Primary Texts and Secondary Sources On-line This document is linked to ORB: The Online Reference Book for Medieval Studies. Use this link to reach the project's home page. View on www.r3.org Preview by Yahoo


I understand a previous dispensation dated early 1484 was held not entirely valid possibly due to problems of consent, but I do not quite understand the issues with the second dispensation.


As for the possibility of premarriage consummation my opinion is that it is not necessary to explain Arthur's early delivery as it was not in the case of Isabel Neville's early delivery onboard the ship outside Calais, but would like to have your opinion. Thank you for your attention. Mac

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 13:01:25
Pamela Bain

That was very interesting, thanks!

From: [mailto:]
Sent: Wednesday, November 12, 2014 6:33 AM
To:
Subject: Papal dispensations for HVII and EoY and premarriage consummation?

I stumbled on a blog by a non historian user tackling the issue of the papal dispensations for HVII and EoY and the possibility of premarriage consummation that led to a "8 months" pregnancy for their first born Arthur. Here is the link to the related blog page livebythesword  I am not a historian but here's my two cents: ...

livebythesword  I am not a historian but here's my two ...

I am not a historian but here's my two cents: Henry was indeed taking his time after Bosworth before committing to marry Elizabeth. I do believe that he was actua...

View on cingupearl.tumblr.com

Preview by Yahoo

The blog says the dispensation granted on January 16th 1486 "was not the official papal one, Henry grabbed hold of a certain Bishop of Imola, a Papal representative who happended to be there and who was giving out 10 dispensations for people to marry, to get his licence and marry immediately. This is corroborated by the fact that when the official dispensations showed up in March 1486 (long after the wedding) they were worded in such a way that shows that the Pope had no idea that the wedding had already taken place. In fact, the Pope had to keep sending extra approval letters up until June 1486 to show his recognition and approval of Imola's dispensation." This assumption is based on the following article published on the site of RIII Society's American Branch Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his treatment of Elizabeth Woodville. | Richard III Society  American Branch

Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his...

Primary Texts and Secondary Sources On-line This document is linked to ORB: The Online Reference Book for Medieval Studies. Use this link to reach the project's home page.

View on www.r3.org

Preview by Yahoo

I understand a previous dispensation dated early 1484 was held not entirely valid possibly due to problems of consent, but I do not quite understand the issues with the second dispensation.

As for the possibility of premarriage consummation my opinion is that it is not necessary to explain Arthur's early delivery as it was not in the case of Isabel Neville's early delivery onboard the ship outside Calais, but would like to have your opinion. Thank you for your attention. Mac

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 13:51:56
SandraMachin
It must have been a real fillip to Henry to discover Elizabeth (who, I am sure, wanted to be queen, regardless of the king) was fertile, and she was therefore a definite YES to marry. How neat for him. He had to marry her because he'd promised he would, but no sooner had they jumped into the pre-nuptial bed, than she caught'. Not only proof of his virility and her fecundity, but a clear signal that she could certainly enable him to found his own House'. Yee-ha! So yes, when he finally took the plunge to make her his queen, he got on with it pronto, to be sure the child was born in wedlock. And then WOW! It was a boy! If Henry was capable of picking up his skirts and dancing a jig, he'd have done so then, clicking his heels together mid-air. But I do wonder, if she had not become pregnant, whether the pressure from Parliament would still have lit a fire under him. And, of course, it may simply have been an eight-month pregnancy after all. Sandra =^..^= From: mailto: Sent: Wednesday, November 12, 2014 1:01 PM To: Subject: RE: Papal dispensations for HVII and EoY and premarriage consummation?

That was very interesting, thanks!

From: [mailto:]
Sent: Wednesday, November 12, 2014 6:33 AM
To:
Subject: [Richard III Society Forum] Papal dispensations for HVII and EoY and premarriage consummation?

I stumbled on a blog by a non historian user tackling the issue of the papal dispensations for HVII and EoY and the possibility of premarriage consummation that led to a "8 months" pregnancy for their first born Arthur. Here is the link to the related blog page livebythesword  I am not a historian but here's my two cents: ...

livebythesword  I am not a historian but here's my two ...

I am not a historian but here's my two cents: Henry was indeed taking his time after Bosworth before committing to marry Elizabeth. I do believe that he was actua...

View on cingupearl.tumblr.com

Preview by Yahoo

The blog says the dispensation granted on January 16th 1486 "was not the official papal one, Henry grabbed hold of a certain Bishop of Imola, a Papal representative who happended to be there and who was giving out 10 dispensations for people to marry, to get his licence and marry immediately. This is corroborated by the fact that when the official dispensations showed up in March 1486 (long after the wedding) they were worded in such a way that shows that the Pope had no idea that the wedding had already taken place. In fact, the Pope had to keep sending extra approval letters up until June 1486 to show his recognition and approval of Imola's dispensation." This assumption is based on the following article published on the site of RIII Society's American Branch Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his treatment of Elizabeth Woodville. | Richard III Society  American Branch

Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his...

Primary Texts and Secondary Sources On-line This document is linked to ORB: The Online Reference Book for Medieval Studies. Use this link to reach the project's home page.

View on www.r3.org

Preview by Yahoo

I understand a previous dispensation dated early 1484 was held not entirely valid possibly due to problems of consent, but I do not quite understand the issues with the second dispensation.

As for the possibility of premarriage consummation my opinion is that it is not necessary to explain Arthur's early delivery as it was not in the case of Isabel Neville's early delivery onboard the ship outside Calais, but would like to have your opinion. Thank you for your attention. Mac

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 16:02:54
mariewalsh2003

Hi Mac,


Re the dispensations for Elizabeth and Henry: I happen to have been looking into this in some detail and am planning to publish. It's a really complex business because, as the article indicates, there were just SO many dispensations.


1) was nothing intrinsically wrong with the 1484 dispensation - ie it correctly covered the impediment of consanguinity. We can only speculate about why it was not invoked in 1486. That may have something to do with suspicions over Elizabeth's consent, but it would not have been because the supplication came from Henry alone as has been stated by some biographers - that was not a problem. The 1484 dispensation came from the Papal Penitentiary rather than directly from the Pope, but the Cardinal Penitentiary was authorised to grant dispensations, and since he was Pope Sixtus's nephew Sixtus probably knew about it.


2) I agree that the delay between Henry's agreement to marry Elizabeth (10th December) and the application for a dispensation from the legate is puzzling. In my view he really needed to be able to open the second session of parliament that January with Elizabeth as his queen, and Bishop Imola had been in England all that time so why did he not ask him earlier? Perhaps it makes most sense if we assume he had been planning to use the 1484 dispensation until about a week before the planned wedding date something happened to make it look as though it wouldn't do the job. Maybe there were rumours going round (spread by Ricardian Yorkists?) that Elizabeth wasn't willing, or even that Henry had been forced to marry by parliament, and that therefore the marriage would not be valid. That would certainly explain the tribunal held by Imola at various witnesses testified to the willingness of the couple to marry. I don't actually see this as evidence that Elizabeth was pregnant because, if Arthur had been conceived on the wedding day he would have been exactly three weeks early. Ergo, if he were actually born on the due date then at the time that Henry and Elizabeth initiated the process for getting a dispensation from the legate her period wouldn't even have been overdue.

Imola had been authorised before he set off on his mission to England and Scotland to grant 12 (not 10 as per this article) dispensations from consanguinity and affinity in the third and fourth degrees, so Henry and Elizabeth's, for consanguinity in the fourth degrees, was perfectly within his remit. But obviously the Pope had not granted Imola these powers with the idea that he would use them to interfere in foreign politics, so it would make absolute sense for Henry to get the pope to ratify the dispensation afterwards. He had, in my view, learned a great deal from what had happened with Edward IV's marriage. If only Edward had got his marriage to Elizabeth ratified by the Pope!


3) The dispensation from the Pope was granted on 6th March and shows he didn't know Henry and Elizabeth had already married, which indicates to me that the application for it had gone off before the marriage took place. Henry may have had a little think afterwards and thought that perhaps this wouldn't do - particularly as there was renewed Yorkist unrest. So I think we see him sending again to explain the situation


4) The papal ratification of 27th March 1486 specifically ratified the marriage if it had already taken place using either the dispensation issued by the Penitentiary or that issued by the legate. Each of these papal bulls threatened anyone impugning the marriage, so there do seem to have been some kind of rumours abroad that all was not as it should have been with it.


Henry just didn't leave anything to chance. He was absolutely determined to ensure that his offspring could never be declared bastards like those of Edward IV.

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 17:30:22
justcarol67
Mac wrote :

"I stumbled on a blog by a non historian user tackling the issue of the papal dispensations for HVII and EoY and the possibility of premarriage consummation that led to a "8 months" pregnancy for their first born Arthur. Here is the link to the related blog page livebythesword  I am not a historian but here's my two cents: ... http://cingupearl.tumblr.com/post/93268354935/i-am-not-a-historian-but-heres-my-two-cents [snip] This assumption is based on the following article published on the site of RIII Society's American Branch Part V: Memoir of Elizabeth of York: Assumption of the throne by Henry VII through discussion of his treatment of Elizabeth Woodville. | Richard III Society  American Branch http://www.r3.org/members-only/ricardian-non-fiction/wardrobe-accounts/part-v-memoir-of-elizabeth-of-york-assumption-of-the-throne-by-henry-vii-through-discussion-of-his-treatment-of-elizabeth-woodville/


This document is linked to ORB: The Online Reference Book for Medieval Studies. Use this link to reach the project's home page. [snip] View on www.r3.org http://www.r3.org/members-only/ricardian-non-fiction/wardrobe-accounts/part-v-memoir-of-elizabeth-of-york-assumption-of-the-throne-by-henry-vii-through-discussion-of-his-treatment-of-elizabeth-woodville/"

Carol responds:

Very interesting speculations. I have no comment at this point having no idea how common eight-month pregnancies were in the fifteenth century, but if I recall correctly, the second dispensation had something to do with force, and none of the witnesses was a member of the Woodville family.

The ORB article on which the blog was based is not accessible through ORB--at least, I couldn't find it. Nor could I find it in the Members only section of the American Society's website, which mainly contains bylaws and links to Ricardian Register articles. (It's not in the list of online sources in the part of the site accessible to nonmembers, either.) My question is what this mostly pro-Tudor article is part of (it's part five of something) and who wrote it. The style suggests that it's either nineteenth- or early-twentieth century.

Carol

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 17:35:34
mac.thirty
Thank you for your very knowledgeable answer Marie, as always. Where are you going to publish? Is it a book or an article? Will it be made public or is it just for academic use? Congratulations and thanks again. Mac

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 17:37:49
justcarol67
Marie wrote:


"1) was nothing intrinsically wrong with the 1484 dispensation - ie it correctly covered the impediment of consanguinity. We can only speculate about why it was not invoked in 1486. That may have something to do with suspicions over Elizabeth's consent, but it would not have been because the supplication came from Henry alone as has been stated by some biographers - that was not a problem. The 1484 dispensation came from the Papal Penitentiary rather than directly from the Pope, but the Cardinal Penitentiary was authorised to grant dispensations, and since he was Pope Sixtus's nephew Sixtus probably knew about it."


Carol responds:


Could it have anything to do with the change in popes? Sixtus was dead by that time and the pope was Innocent VII.


Carol


Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 18:25:50
mariewalsh2003

Carol asked:

"Could it [the need for a second dispensation] have anything to do with the change in popes? Sixtus was dead by that time and the pope was Innocent VII."


Marie:

I don't think so. Dispensations didn't become void on the death of the pope who granted them (there would have been chaos if that had been the case), and Henry had absolutely no reason to fear that Innocent VIII was not on his side, to put it mildly. In fact, the evidence suggests that Innocent had been convinced - probably by Morton during his long sojourn in Rome - that Henry would indeed marry Elizabeth, and Henry's supporter John de Giglis (collector of Peter's Pence) felt the need to write to Pope Innocent in early December 1485 assuring him the marriage was definitely going ahead. So no fear that Innocent would turn round and refuse to recognise the 1484 dispensation.

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 18:27:42
mariewalsh2003

Thanks for your kind words, Mac. I'm just putting the finishing touches now. I decided to write first and then look for an outlet. Trouble is, as it stands it's too long for an article and not long enough for a book (23,500 words). I'm hoping to get some feedback and then decide what to do.

Marie

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-12 19:20:14
mac.thirty

Marie wrote "23.000 words, too long for an article, too short for a book"


Maybe a kindle edition? Just a humble suggestion. Mac

Re: [Richard III Society Forum] Re: Papal dispensations for HVII and

2014-11-12 19:46:30
Jan here.Marie, I would like to read your production & Kindle sounds like a way forward. Sent from Windows Mail From: mariewalsh2003
Sent: Wednesday, 12 November 2014 18:27
To:

Thanks for your kind words, Mac. I'm just putting the finishing touches now. I decided to write first and then look for an outlet. Trouble is, as it stands it's too long for an article and not long enough for a book (23,500 words). I'm hoping to get some feedback and then decide what to do.

Marie

Re: Papal dispensations for HVI I and EoY and premarriage consummati

2014-11-12 20:14:14
b.eileen25
Me too....Eileen

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-13 15:25:45
Doug Stamate

Marie wrote:

//snip//

Imola had been authorised before he set off on his mission to England and Scotland to grant 12 (not 10 as per this article) dispensations from consanguinity and affinity in the third and fourth degrees, so Henry and Elizabeth's, for consanguinity in the fourth degrees, was perfectly within his remit. But obviously the Pope had not granted Imola these powers with the idea that he would use them to interfere in foreign politics, so it would make absolute sense for Henry to get the pope to ratify the dispensation afterwards. He had, in my view, learned a great deal from what had happened with Edward IV's marriage. If only Edward had got his marriage to Elizabeth ratified by the Pope!

//snip//

Doug here: My apologies for snipping so much of your very interesting post, but the above produced a question. I'm presuming that any ratification Edward sought for his marriage to Elizabeth Woodville would have been a dispensation because the marriage was clandestine? But, would a dispensation given for a clandestine marriage trump any proofs that the clandestine marriage was also bigamous? Or have I missed, or more likely forgotten, a thread about this subject? Doug

Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-13 22:31:05
justcarol67
Marie wrote :

"Thanks for your kind words, Mac. I'm just putting the finishing touches now. I decided to write first and then look for an outlet. Trouble is, as it stands it's too long for an article and not long enough for a book (23,500 words). I'm hoping to get some feedback and then decide what to do."


Carol responds:


How about a series of articles? The Ricardian does that fairly often.


Carol


Re: Papal dispensations for HVII and EoY and premarriage consummatio

2014-11-14 19:52:08
mariewalsh2003

Doug asked Marie:

"My apologies for snipping so much of your very interesting post, but the above produced a question.

I'm presuming that any ratification Edward sought for his marriage to Elizabeth Woodville would have been a dispensation because the marriage was clandestine? But, would a dispensation given for a clandestine marriage trump any proofs that the clandestine marriage was also bigamous?Or have I missed, or more likely forgotten, a thread about this subject?"
Marie replies:Hi Doug. Would have answered this sooner but I spilled a cup of tea all over my keyboard first thing yesterday morning and wrecked it, and have only just got replacement.I suppose what I'm talking about is politics more than anything. Of course the Pope couldn't allow bigamy - that was beyond his powers. But the circumstances in which Edward's marriage was annulled were contentious. There are two questions really. 1) The first is the level of evidence for the prior marriage. The usual pattern was that if there had been a prior clandestine marriage the jilted clandestine wife (it more usually was the woman) would bring a case to the relevant bishop's court to claim her marriage, and the court would examine her and her witnesses. If she could produce no witnesses, or if the stories of herself and the witnesses failed to tally or were unconvincing, then she would lose the case. Bigamy was against the understanding of Christ's teaching, but what constituted a valid marriage was a matter for theological debate, and if a person had married clandestinely they ran the risk that the marriage could not in the final analysis be recognised. Eleanor had never attempted to claim her marriage to Edward IV although the fact that he had gone on to marry someone else was such very public knowledge. Therefore, particularly given the grave consequences of accepting the precontract, there is a very strong chance that a church court would have rejected the evidence as insufficient. 2) Although, as adulterers, technically Edward and Elizabeth could not have remarried each other lawfully after Eleanor's death because the clandestine nature of their own marriage had robbed Elizabeth of that protection even if she had been unaware of the adultery at the time, in practice the church courts were reluctant to enforce the strict letter of the law with regard to the impediment of 'crime' (marriage to a person with whom one had polluted one's former marriage by adultery). Again, given the length and highly public nature of their union, if Elizabeth had told a church court that she and Edward had - for reasons she was not sure of at the time - gone through a second marriage ceremony in late 1468 (and better still if she could produce a priest prepared to say he had performed this), then this may have been accepted and all the children from Cecily onwards would have remained legitimate. In his 'Marriage Litigation in Medieval England' Helmholz cite a case in which a couple actually sued for an annulment citing an impediment of crime, ticked all the boxes but were still refused a divorce. Church courts were particularly reluctant to bastardize children who had previously been considered legitimate. This is why, as is often pointed out, the annulment of Edward's marriage did not rely wholly on the precontract. There was also the question of possible involvement of witchcraft, which would have invalidated Edward's consent, and the 'profanity' and clandestine nature of his marriage to Elizabeth, which put a questionmark over whether what they had done amounted to a valid marriage or not, or whether the marriage had even taken place (i.e. it was in theory as much open to question as his precontract to Eleanor). Obviously, the validity of the May Day marriage had been looked into at the time, and it had been found to be in order, but with Edward's own influence taken away a fresh tribunal might always have taken a different view.And parliament had every right to rule on matters such as the succession, or whether a person was legitimate for the purposes of inheritance, completely independently of any Church ruling. But this limit to ecclesiastical power wasn't necessarily popular in Rome.
So if the Pope of the day had issued a bull similar to the ones Henry VII procured - upholding his marriage and declaring the as-yet-t-o-be-born offspring legitimate, giving a blanket absolution from any other impediments that might exist and sentencing anybody speaking against the marriage to automatic excommunication - in 1483 no secular body would have dared to do what the quasi-parliament did on Richard's behalf; they couldn't even have discussed the matter in any sensible way. They would have had to petition Rome to have the case looked at again, and the messenger's round trip alone would have taken three months. It would have been very, very much more difficult for Edward V to have been set aside, whatever the balance of opinion in London that June.


Richard III
Richard III on Amazon
As an Amazon Associate, We earn from qualifying purchases.