Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/218

202 of his father, king Henry II, it was a point undetermined, whether, even in common inheritances, the child of an elder brother hould ucceed to the land in right of repreentation, or the younger urviving brother in right of proximity of blood. Nor is it to this day decided in the collateral ucceion to the fiefs of the empire, whether the order of the tocks, or the proximity of degree hall take place. However, on the death of Arthur and his iter Eleanor without iue, a clear and indiputable title veted in Henry III the on of John: and from him to Richard the econd, a ucceion of ix generations, the crown decended in the true hereditary line. Under one of which race of princes we find it declared in parliament, “that the law of the crown of England is, and always hath been, that the children of the king of England, whether born in England, or elewhere, ought to bear the inheritance after the death of their ancetors. Which law, our overeign lord the king, the prelates, earls, and barons, and other great men, together with all the commons, in parliament aembled, do approve and affirm for ever.” Richard the econd’s reignation of the crown, he having no children, the right reulted to the iue of his grandfather Edward III. That king had many children, beides his eldet, Edward the black prince of Wales, the father of Richard II: but to avoid confuion I hall only mention three; William his econd on, who died without iue; Lionel duke of Clarence, his third on; and John of Gant duke of Lancater, his fourth. By the rules of ucceion therefore the poterity of Lionel duke of Clarence were entitled to the throne, upon the reignation of king Richard; and had accordingly been declared by the king, many years before, the preumptive heirs of the crown; which declaration was alo confirmed in parliament. But Henry duke of Lancater, the on of John of Gant, having then a large army in the kingdom, the pretence of raiing which was to recover his patrimony from the king, and to redres the grievances