#it seems like his assertion that margaret douglas would be illegitimated by the annulment of her parents' marriage
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fideidefenswhore · 9 months ago
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Yeah I like to see some quotes please. I can't really get my head round people believing in Mary's bona fides when the law didn't even exist in England. It's like Americans obsessing over a law only Canadians have. But I guess loyalty/sentiment/status quo was a big part of it.
Well, I don't think most noblewo/men were deeply well-versed in succession/inheritance laws of England and all their precedents, unless they'd happened to also study law...the assumption was probably that what was the law in most of Christendom was for England as well, understandably. But, then, that's not even a subject that seems to be well-understood in 21c historiography:
“[Henry VIII] now argued she would would be barred by illegitimacy. This contention puzzled continental contemporaries because elsewhere in western Europe those children born to couples who in good faith believed themselves validly married were treated as legitimate. Nevertheless, Henry was right. After a period of some uncertainty, by the late fourteenth century England had opted out of the bona fides principle. As Sir John Baker notes, 'succession problems were usually debated in legal terms and in accordance with the common law canons of inheritance.’ A successful challenge to his marriage would thus automatically bastardise Mary and leave Henry no direct heir… [although] Mary could have been legitimated by statute.” - JF Hadwin, Katherine of Aragon and the Veil, The Journal of Ecclesiastical History
... so that's, for the 16c, like I said, an understandable assumption. (Also, their source was probably Chapuys, who was familiar with both secular and church law, but espoused many misunderstandings of their precedents, too...so did Fisher, they're enumerated in another article by the same historian, titled Leviticus, Deuteronomy and Henry VIII, I will post those relevant quotes too, if they're of interest to you, asw).
Yeah, the bona fides element was... an interesting one, nevertheless...like, all the interrogations I mentioned, everyone says they've heard Mary was bona fides but won't really explain what it meant, they admit their ignorance on the subject, and won't name the source of where they've heard it (although, like I mentioned, they are willing to point fingers to deflect suspicion off themselves of their former friends in other regards), just assert that they all sort of mindlessly (lol) repeated what they'd heard, all, understandably, to maintain plausible deniability and get themselves out of the hot water they've landed themselves in.
For the Exeter conspiracy, I've posted one relevant in the past, I'll see what else I can scrounge up from my notes of excerpts.
It was, but I don't think courtier opportunism should be underestimated. Just one example, but I always remember that the Marquis of Exeter was one of the delegation of nobles HVIII sent to pressure CoA to relinquish her rights as Queen, tell Charles V to stop interfering in the matter, and one of the conspirators named by Chapuys in the Boleyn downfall. Granted, his wife had been one of Mary's supporters from very early on, so I think that element is there.
Elitism is probably an overestimated element, like while it's true the Boleyns were not born of royalty (neither were the Seymours, tho, so like...); I think what was going on beneath the surface was more intricate. Take Nicholas Carew, for example: originally, he'd been of the Boleyn faction, understandably, since they were cousins (he also, initially at least, seemed to favour a French alliance, so there's that). But I think what began as , well, the King needs a son, and if he's going to marry another wife, it might as well be a woman of my family as anyone else, to my benefit as much as anyone else...well, I think the shine came off this as matters unfolded. The thrust of their expectations were probably that AB was going to have as much, or less, influence as her predecessor with Henry, and her influence and power quickly outstripped those expectations. As the Boleyns gained power, wealth, and influence, and as men like Carew felt their own influence ebb in favour of say, George Boleyn (and I use him as an example, because by early 1536, it's evident many noblemen hated George, Lancelot de Carles' report of those events really crystallizes this)...well, resentment only grew, and their desire for the return of the status quo was thus kindled.
#anon#i can do some quotes about george from joanna della neva's translation too if you'd like. again; just about finding time.#anyway don't mistake this for anglocentric superiority...hviii was wrong too lol#it seems like his assertion that margaret douglas would be illegitimated by the annulment of her parents' marriage#was a misapplication / presumption of english law applying to scottish laws of inheritance#and that this was the argument for his justification of anger over his sister's divorce...erroneously#or maybe he meant the 'risk' that the pope wouldn't annul it and then what. idk#granted he also asserted she was illegitimate himself at a later date. altho that might've just been bcus the pope said she wasn't#and he was obviously contrary and big on believing his own understanding of canon law as superior to popes' by that point . saurr...#and also; the argument many make: had AB ever had a son#there would likely be a huge return of those like carew to her faction/party#altho. since anne tended to hold a grudge. more like a tide of attempts to do so ...#and i say that's not a subject that seems well understood bcus. well.can't tell you how many tudor biographies#essentially repeat the same narrative: mary was bona fides and henry was stupid for not just ~accepting~ this and treating her as such#and/or he did it out of spite and the counterfactual he would've let mary remain a princess had anne had a son instead in 1533 or if she'd#accepted her stepmother as queen....#so. the above article was quite illuminating. as it was by a historian who specializes in the subject#and most don't.
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