Csm'. X�1.] ?Tsmoirr. 491 or euntnu'y: for this compact is conusry to divine right, against which custom, though immemorial, countervails nothing." From the foregoing we can ascertain the tr,? conditions on which Roman Catholics are married to Protestants. In sueh cases the chil- dren must ,all be raised or instntcted in the doctrines of the Church of Rome. The Protestant partner may expect ,?obs?, too, from the other, if' other means will not suffice to bring him or her into the .fa?A. Nor can.any ,Mta?, p,'mn?fes, or oat/?, made before marriage, be of' any avail to g?ve security, seeing all such oaths are nu? and ? by virtue of' ecclesiastical decision, which must be respocted. Besides, there is a promise, or rather oa?A, as appem above, exacted by the priest, from every Roman Catholic who marries a Protestant, that he will instruct the children in his religion, and that all means will be employed to convert his wife from a ?tmnndAb sect, as Dens expresses it. 5. The length to which the popes of Rome carried their dispensa- tions will receive a striking illustration in the dispensation granted to Henry, prince of. Wales, a?rward Henry �III., so that he was per* mitred to marry his brothers wife. Henry �II., for stem reasons, ,tgreed on a marriage between Arthur, Prince of Wales, and Catha fine, daughter of the king of. Spain. They were married on the 14th ()f. November, 1501, their bridal bed was solemnly Messed on the night of their marriage, and they lived together as man and wife till the death of' Prince Arthur on the 2d of' April f'oHowing. The state reasons still continuing for the alliance between Spain and England, Henry 3/II. proposed that Catharine should be married to his son Henr?, ,who was created Prince of. Wales, when it was ascertained that she sea no issue by Arthur. Wareham, archbishop of Canterbury, was against the marriage. Fox, bishop of Winchester, was for the marriage; and to prevent the murmurs o� the people, he advised that the pope's dis- pensation should be obtained, which would obviate all difficulties, as his authority was then so established as to decide any such case. Accordingly a bull was obtained on the 26th of December, 1503, to this effect: "That the pope, according to the greatness of' his antho. rity, having received a petition from Prince Henry and the Princess Catharine, stating, that whereas the princess was lawfully married to Prince Arthur, (which was perhaps consummated by the �a,'n? ptda,) who was dead without any issue; but they being desirous to marry for preseFving peace between the crowns of Eng!_and and Spain, did petition his holincs8 for his dispensation; therefore the pope, out of. his care to maintain concord among all Catholic kings, did absolve them from all censures under which they might be, and dispensed with the impediments of their affinity, notwithstanding any apostolical constitu-
- ions or ordinances to the contrary, and gave them leave to marry: or
if. they were already married, he, continning it, required their conf.es- sot to enjoin them some healthful penance, for their having married before the dispensation was obtained." The original bull may be seen in Bumett's History of the Reformation, vol. i, book ii, p. 46, col. 1. The Pope readily granted the dispensation; and though many car* dinale and divines opposed it, yet the interest of the papacy, which was preferred to all other considerations, required it. The pope being the enemy of Louis XII., the French king, would have done any thing in his power against him. Besides, he was a warlike popo, and was 1
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