Louis, Eleanor, Annulment

King Louis VII of France had a problem. His clever and wealthy wife, Eleanor of Aquitaine, was really getting on his nerves. On the Second Crusade, she contributed to a blunder that cost thousands of French lives, and they argued over whether to stay ion Antioch and help her uncle, Raymond of Poitiers, or go to Jerusalem. Louis also (according to Odo of Deuil, eyewitness to the Crusade) suspected her of an improper relationship with her uncle, although that may simply have been because the Aquitainian culture was far more emotional and expressive than the Capetians.

She had also not been able to deliver a son and heir, although after 13 years they had two daughters. With their relationship severely strained after the Crusade, Louis sought a way out of the marriage. For that, Louis turned to Beaugency, an important town at a crossing of the Loire.

Beaugency, coincidentally, had been the site where another royal marriage was a topic: in 1104, Philip was excommunicated by the first Council of Beaugency because he had put away his first wife, claiming se was too fat, so he could abduct and marry another man's wife. The Second Council of Beaugency was called in 1152 to find a way to get Louis out of his marriage to Eleanor. Abbot Suger had been an advocate of the marriage, but after his death in 1151, Bernard of Clairvaux's view that the two were too closely related became an issue.

Also in 1151, Henry, Count of Anjou, became the new Duke of Normandy and went to Paris to pay his respects to his liege lord, Louis. Historians such as Walter Map, Gerald of Wales, and William of Newburgh all suspected that something, some spark happened between the 18-year-old Henry (future king Henry II of England) and the 30-year-old Eleanor that also might have contributed to Eleanor wanting to be released from the marriage.

The archbishops of Reims, Bordeaux, and Rouen attended the Council, presided over by Archbishop Hugues of Orléans. Archbishop Samson of Reims represented Eleanor (who was there, as was Louis).

They settled on annulment on the grounds of consanguinity. Sure, they had a common ancestor, Robert II of France (c.972 - 1031), but that was a long way back and didn't prevent the marriage in the first place. But here they were, looking for a reason, and being third cousins once removed, however distant it seemed, was sufficient. The marriage was declared null and void. Eleanor did not object. Their two daughters were declared legitimate, since the couple had married in good faith. Louis gained custody of the daughters. Aquitaine would remain Eleanor's possession.

One would think that the attractive and wealthy Eleanor would be glad to be free from the stiff and monk-like Louis. She was, however, an attractive and wealthy woman, which in 1151 did not allow her independence and agency. Believe it or not, her life was in peril. I'll explain tomorrow.

Isabella, Countess of Gloucester

Isabella of Gloucester (c.1160/1166 - 1217) was the youngest (surviving) daughter of the 2nd Earl of Gloucester, William FitzRobert, and Hawise of Beaumont, daughter of the Earl of Leicester. We call her Countess of Gloucester now, but she was actually Queen of England. To explain, we have to step back and talk about King Henry II and his youngest son, John.

Henry seemed to consider John his favorite, perhaps because John was the only one of Henry's son who never rebelled against his father and tried to take the throne. I think Henry understood that John was not likely to inherit the throne: he had brothers who were ahead in line of succession, and were also aggressive enough that they would easily usurp the throne from John.

Henry dealt with this situation by increasing John's real estate holdings, and therefore the revenues from said properties. He did this sometimes at the expense of Henry's nobles, appropriating their estates and giving them to John. In September 1176, Henry argued with Isabella's father, William. To resolve the dispute and ensure amity between earl and king, William promised Isabella's hand to John in marriage, and to recognize John as the heir to the estates of Gloucester. (Even if William and Hawise had another son, John would still get half the estates.)

Well, William died in 1183, and even though Isabella had sisters, Henry declared Isabella sole heir to all of her father's lands, and also declared her his ward, giving him control over all the Gloucester property. He retained this control until he died in 1189, at which point Richard became king and Isabella was given to John in marriage. (This was risky in the eyes of the Church and its rules of consanguinity, since Isabella and John were closely related, having the same great-grandfather.) Since they did not get a dispensation from the pope to override the consanguinity issue, the Archbishop of Canterbury, Baldwin of Forde, put John under Interdict. The Interdict was removed by the papal legate, but the marriage was never condoned.

It stayed intact, however, and when Richard I died in 1199, John became king in May. John then requested that his marriage to Isabella be annulled on the grounds of consanguinity; this was granted in August.

But John kept the lands.

Isabella had a nephew, Amaury, Count of Évreux. John gave him the title Earl of Gloucester. He died in 1213, and Isabella became Countess of Gloucester. It is possible that she was never formally crowned, but she was married to the King of England, for however brief a time, making her something of a "forgotten queen." In fact, her likeness is hard to find. The illustration above is a generic royal woman.

Isabella was not left out in the cold. She had two advantageous marriages after John, and I'll tell you about those tomorrow.

Alfonso's Marriage Blues

King Alfonso IX of León (1171 - 1230) may be noted for calling the Three Estates together to advise him—the first such gathering in Western Europe—but not everything could be resolved in that manner.

Every ruler desires an heir, and therefore needs a spouse. Alfonso found his in 1191 in Theresa of Portugal. Theresa was 15 at the time, daughter of the king of Portugal, Sancho I. They had three children: Sancha, Dulce, and Ferdinand. Elsewhere I have mentioned how, in 1224, Alfonso tried to marry Sancha to John of Brienne. John chose a younger daughter by a later wife of Alfonso, but it might not have been just Sancha's age that disqualified her in John's eyes (he was, after all, a good many years older).

In fact, Sancha's "status" might have been a problem for John. Theresa of Portugal was Alfonso's cousin, and Pope Celestine III condemned the marriage on the grounds of consanguinity. Celestine had his papal legate declare the marriage nullified, placing both León and Portugal under Interdict. John might have avoided the match because Sancha could be considered illegitimate and therefore not eligible to inherit León.

Only a year later, Celestine excommunicated Alfonso for "consorting with the enemy." Alfonso clashed with his cousin, Alfonso VIII of Castile. Prior wars had seen territorial boundaries shifting, and León wanted some of their land back. Alfonso invaded Castile with the aid of Muslims, which was a strong offense in Celestine's eyes. (Alfonso VIII had proven an enemy to Muslims, mentioned here.) To create peace between Castile and León, they did what many warring nations did at the time: arranged a marriage between representatives of the two. In this case, the marriage was between Alfonso IX and Berengaria of Castile in 1197.

The problem was that Berengaria was Alfonso VIII's daughter, and therefore her husband's first cousin once removed. (Her paternal grandfather and Alfonso's father were brothers.) León was placed under Interdict once again due to consanguinity. In 1198, Pope Innocent III declared this second marriage annulled, but the couple decided to stay together until 1204, when Alfonso decided he should attack Castile again. (A series of treaties ultimately resolved the borders and the hostilities.)

As for the Interdiction, the pope realized that, if the people went years without the benefits of the mass and sacraments, they would have no reason to support the church financially. He lifted the Interdict on the country, but kept it on the king.

Another strike against Alfonso (but helped make him historically memorable) was his numerous affairs and subsequent numerous illegitimate children. That family tree had many branches, which I'll lay out tomorrow.

John's Marriages

John, son of Henry II, having seized the throne of England after Richard the Lionheart's death, and subsequently having lost several possessions on the continent through war and treaties, decided to marry into a French noble family in order to regain some influence in France. His choice was Isabella of Angoulême in 1200. There were a couple issues about his decision that certainly raise modern eyebrows, and more than a few contemporary ones.

For one...well, we don't know enough about Isabella to know when she was born, but one estimate is 1188, making her 12 years of age. Still, she would be Countess of Angoulême in her own right when her father died (which he did, in 1202). Also, she was the niece through her mother of the current Latin Emperor of Constantinople, Peter II of Courtenay.

The other—well, one other—issue was that John already had a wife: Isabella, Countess of Gloucester. He managed to have that marriage annulled on the grounds that, as his cousin, he never should have married her in the first place, and in fact had failed to get the proper papal dispensation to do so, considering the current laws of consanguinity (they would change the same year that John would sign the Magna Carta, 1215). Fortunately for John, Isabella complied with there annulment, even though he kept the lands he had received through their marriage.

Back to the second Isabella: she had already been betrothed to Hugh IX le Brun, Count of Lusignan (and remember that Roman numeral; we will be coming back to it in the post after next). Her father decided that his daughter would be better off as a queen than as a Countess of Lusignan, so he agreed to the change in husbands for her. John might have made amends with the Lusignan's, but instead chose to treat them with contempt. This motivated an uprising by the Lusignan and their supporters which John had to suppress. Philip II of France also took the Lusignan snub as an excuse to confiscate the Angoulême lands.

So John's choice did not have all positive results, and rather than make inroads into France through marriage, he alienated a powerful family and lost more lands to Philip.

The second Isabella provided John with something the first one never could, however: heirs, including the next king, Henry III. Here's a good question, though: John was married to his first wife for 10 years. Why did they produce no heirs? The reason is simple: the couple was forbidden to have sexual intercourse. I'll explain that tomorrow.

Consanguinity

The word "consanguinity" comes from Latin consanguinitas ["blood relation"], and refers to having a close kinship with someone through a common ancestor. Laws of consanguinity—determining the degree of consanguinity allowed for marriage—varied from time to time and place to place

The early Catholic Church followed Roman civil law, which stated that couples within four degrees of consanguinity were forbidden to wed. This was determined by generations: you would count up the family tree to a common ancestor, and then down to the intended spouse. In the 800s this was changed to seven degrees by the church, and was determined by counting back seven generations. This meant that you could not marry if you had the same grandfather (or grandmother), great-grandfather, g-g-grandfather, etc., back seven generations. You could not marry a cousin, second-cousin, third-cousin, right up to seventh-cousin.

This made finding. spouse increasingly difficult, and dispensations by the church were becoming more and more frequent. The Fourth Lateran Council of 1215 decided to deal with this by pulling back so that fourth cousins could marry at will.

Which brings me to Canon 50 of the Fourth Lateran, where the above change is stated and defended. But here's the funny part. In order to make a change to the rules of consanguinity, the Canon begins by stating that human statutes change over time, and after all God Himself changed things in the New Testament from what had been decreed in the Old Testament. With this reasoning, they state the change in the rules, after which it is stated:

Since therefore the prohibition of conjugal union is restricted to the fourth degree, we wish that it remain so in perpetuum, notwithstanding the decrees already issued relative to this matter either by others or by ourselves [Canon 50]

So...statutes can change, and that's why we can change this one, but it better never change again!

And speaking of laws that have changed, they also made some laws concerning Jews, which we will look at next.