Anne Boleyn’s Dispensation
Yesterday, we posted about Anne and Henry’s wedding and mentioned Henry had sought a dispensation from the pope to wed her long before he broke with the church. Several people mentioned they hadn’t known about it. So we thought we’d do an article about it.
On December 23, 1527, Pope Clement received the draft of a dispensation Henry VIII wanted him to grant. Though Henry was still married to Katharine in the eyes of the church, he was seeking permission to wed another woman – provided he was able to dissolve his first marriage – and this dispensation was supposed to clear any impediments to that union.
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This version, nor the one eventually approved by the pope, did not directly mention Anne, but it cleared away any possible legal objections to their marriage. The dispensation went through multiple drafts before a final one was submitted to the pope and approved in April.
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Some scholars believe Henry was trying to frame the dispensation in such broadly general terms that it could apply to other women besides Anne Boleyn as part of his continuing efforts to disguise his relationship with her. At this point, Henry still maintained that he was just trying to ensure his marriage to Katharine was entirely valid, and Anne was simply a maiden of his court he was flirting with. Almost a year later, in November 1528, he addressed the people and said:
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But it’s questionable as to whether anyone actually believed him. By this time, everyone knew of his desire to marry Anne and make her his queen.
The dispensation brings up several interesting points about Henry’s proposed union with Anne. The wording that dispenses any precontracts Anne may have had is a little confusing – perhaps intentionally so – leaving it vague how far the precontract actually went. One version suggests she had entered into an actual marriage that was never consummated, while another suggests it was a contract entered before the unnamed woman was of legal age. As a result scholars aren’t sure whether the dispensation referred to the negotiations to marry Anne to James Butler, or her aborted attempt to marry Henry Percy, which might be what the “public honesty” clause referred to.
Next, the dispensation discusses any problems arising from affinity, or blood relation. It allows Henry to marry a woman who is even within the second degree of consanguinity. Henry and Anne weren’t related by blood except by the eighth or ninth degree – seventh cousins, once removed. The dispensation was clearing the way for him to marry a woman who might be as closely related as his third cousin. Was their some confusion over whether they might share a great-great grandparent, or that her proposed betrothal to James Butler/Henry Percy put her within the forbidden degrees of relation? (Henry Percy was the king’s third cousin.) The dispensation may have been meant to cut off any arguments that Anne’s entanglement with these men created an issue.
The “licit or illicit intercourse” the dispensation referred to was from Henry’s affair with Mary Boleyn. Henry was trying to annul his marriage to Katharine based on the scriptural prohibition from marrying one’s brother’s widow. His affair with Mary Boleyn created – in the eyes of the church – the exact same incestual relationship.
The final version dispensed with even spiritual affinity, in case a relationship such as being the godfather of one of Anne’s relatives created a relationship within the forbidden degrees of affinity.
Once the final wording was agreed upon, the dispensation was granted by the pope. Henry had permission to marry Anne … provided he was able to get his first marriage annulled, an issue on which the pope had not decided.
Henry must have been delighted at the ease with which his commissioners were able to get the dispensation. He must have thought a quick judgment on the issue of his marriage to Katharine was coming and he would soon be able to marry his sweetheart.
