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Papacy, Monarchy and Marriage, 860–1600

2015

Abstract

King Henry VIII's quarrel with the papacy over the annulment of his almost 24-year marriage to Catherine of Aragon is familiar to both popular and historical audiences. What is less well known is that papal interference in royal marriages dates as far back as the Carolingian era, although the tools popes used to defend the indissolubility of marriage evolved over time. As Henry discovered, annulment on the grounds of incest, especially when the church had already granted a dispensation on this matter, held little weight with the Roman pontiff in the 16th century. Not so in the ninth century. When King Lothar II sued for an annulment from his wife Theutberga on charges of incest (and curiously also the somewhat contradictory allegations of sterility and abortion, as well as sodomy, and becoming a nun), his skilled advisers exploited the confusion over forbidden degrees of relationship in order to secure Lothar a divorce. Admittedly, obtaining papal approval was not easy: in the process Pope Nicholas I excommunicated Lothar, Theutberga was ordered to undergo the ordeal of water, the couple had to reunite briefly twice, and it was under another pope altogether that the two were finally granted an annulment. Nevertheless, Lothar and Theutberga's divorce set an important precedent that allowed a handful of medieval royal couples to escape the bonds of marriage. This eminently useful book explains what happened between the time of Lothar and Henry in terms of canon law, annulments, papal intervention and incest laws in order to make Henry's request in the early 16th century not only untenable, but also antiquated.