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d the Pope's authority to be guilty of _praemunire_, imposing an oath of renunciation on all lay and clerical officers, and making the refusal of that oath high treason. Thus the hopes of a reaction built on the fall of those "apostles of the new sect," Anne Boleyn and her relatives, were promptly and roughly destroyed. [Footnote 975: Parliament prefered to risk the results of Henry's nomination to the risk of civil war, which would inevitably have broken out had Henry died in 1536. Hobbes, it may be noted, made this power of nomination an indispensable attribute of the sovereign, and if the sovereign be interpreted as the "King in Parliament" the theory is sound constitutionalism and was put in practice in 1701 as well as in 1536. But the limitations on Henry's power of bequeathing the crown have generally been forgotten; he never had power to leave the crown away from Edward VI., that is, away from the only heir whose legitimacy was undisputed. The later acts went further, and entailed the succession upon Mary and Elizabeth unless Henry wished otherwise--which he did not. The preference of the Suffolk to the Stuart line may have been due to (1) the common law forbidding aliens to inherit English land (_cf. L. and P._, vii., 337); (2) the national dislike of the Scots; (3) a desire to intimate to the Scots that if they would not unite the two realms by the marriage of Edward and Mary, they should not obtain the English crown by inheritance.] Henry's position had been immensely strengthened alike by the death of Catherine of Aragon and by the fall of Anne Boleyn; and on both occasions he had expressed his appreciation of the fact in the most indecent and heartless manner. He was now free to marry whom he liked, and no objection based on canon or on any other law could be raised to the legitimacy of his future issue; whether the Pope could dispense or not, it made no difference to Edward VI.'s claim to the throne. The fall of Anne Boleyn, in spite of some few rumours tha
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