Page:Divorce of Catherine of Aragon.djvu/41

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Prospect of a Disputed Succession.
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ond sister, Mary. Outside the royal house there were the still popular representatives of the White Rose, the Marquis of Exeter, who was Edward IV.'s grandson; the Countess of Salisbury, daughter of Edward's brother the Duke of Clarence, and sister of the murdered Earl of Warwick; and Henry's life was the only obstacle between the collision of these opposing pretensions. James, it was quite certain, would not be allowed to succeed without a struggle. National rivalry forbade it. Yet it was no less certain that he would try, and would probably be backed by France. There was but one escape from convulsions which might easily be the ruin of the realm. The King was in the flower of his age, and might naturally look for a Prince of Wales to come after him if he was married to a woman capable of bearing one. It is neither unnatural nor, under the circumstances, a matter to be censured if he and others began to reflect upon the peculiar character of his connection with Catherine of Aragon. It is not sufficiently remembered that the marriage of a widow with her husband's brother was then, as it is now, forbidden by the laws of all civilised countries. Such a marriage at the present day would be held ipso facto invalid and not a marriage at all. An irregular power was then held to rest with the successors of St. Peter to dispense, under certain conditions, with the inhibitory rules. The popes are now understood to have never rightly possessed such an authority, and therefore, according to modern law and sentiment, Henry and Catherine never were husband and wife at all. At the time it was uncertain whether the dispensing power extended so far as to sanction such a union, and when the discussion rose upon it the Roman canonists were themselves divided. Those who maintained the widest view of the