Papal dispensation
Encyclopedia
Papal dispensation is a reserved right of the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...

 that allows for individuals to be exempted from a specific Canon Law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...

. Dispensations are divided into two categories: general, and matrimonial. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one. The authority for the Pope to exempt an individual or situation from a law stems from his position as the Vicar of Christ, which implies divine authority and knowledge as well as jurisdiction.

The first marriage of Henry VIII of England
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...

 to Catherine of Aragon
Catherine of Aragon
Catherine of Aragon , also known as Katherine or Katharine, was Queen consort of England as the first wife of King Henry VIII of England and Princess of Wales as the wife to Arthur, Prince of Wales...

 required a Papal dispensation as it breached canon law on Affinity
Affinity (canon law)
In Canon law of the Catholic Church, affinity is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."...

 because she was the widow of Henry's elder brother Arthur, Prince of Wales
Arthur, Prince of Wales
Arthur Tudor, Prince of Wales was the first son of King Henry VII of England and Elizabeth of York, and therefore, heir to the throne of England. As he predeceased his father, Arthur never became king...

. This was obtained successfully, but when he later wished to divorce her, he was famously unable to get another one, causing his break with Rome
English Reformation
The English Reformation was the series of events in 16th-century England by which the Church of England broke away from the authority of the Pope and the Roman Catholic Church....

. In the earlier Middle Ages, especially the 11th to 12th centuries, the church had developed canon law on affinity and consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...

 (the first denoting a connection by matrriage only, the second a genetic one) to cover very remote relationships, so that a very high proportion of marriages between the small and inter-related European elites needed expensive dispensations from either the Pope or a bishop. This was recognised as an abuse, and later the relationships covered were reduced. In 1059, the eleventh canon of the Council of Rome
Council of Rome
The Council of Rome was a meeting of Christian Church officials and theologians which took place in 382 under the authority of the bishop of Rome, Damasus I. The previous year, the Emperor Theodosius I had appointed the "dark horse" candidate Nectarius Archbishop of Constantinople...

 recognized the impediment of affinity as well as of consanguinity to extend to the seventh degree, the high point of the restrictions. Innocent III in the Fourth Council of the Lateran
Fourth Council of the Lateran
The Fourth Council of the Lateran was convoked by Pope Innocent III with the papal bull of April 19, 1213, and the Council gathered at Rome's Lateran Palace beginning November 11, 1215. Due to the great length of time between the Council's convocation and meeting, many bishops had the opportunity...

 (1215) limited both affinity and consanguinity needing dispensation to the fourth degree, and the Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...

(Sess. XXIV, c. iv, De Ref.) in the 16th century limited the juridical effect of extra-matrimonial intercourse to the second degree of affinity.
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