In Act II, scene iv of Shakespeare's Henry VIII, Queen Catherine is confronted by the start of divorce proceedings against her. One of the two cardinals delegated as judges by the pope is Henry's faithful servant, Cardinal Wolsey, a man little likely to be an impartial judge of the legal merits of the famous case. And so the Queen says to him: I do believe Induced by potent circumstances, that You are mine enemy, and make my challenge You shall not be my judge. Shakespeare does not today enjoy a wide reputation as a canonist, but he has here described with some correctness the canonical recusatio. This is the right, under certain circumstances, to challenge and remove a papal judge delegate for interest, prejudice, or unfitness for office.
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