Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/219

Ch. 3. grievances of the ubject, it was impoible for any other title to be aerted with any afety; and he became king under the title of Henry IV. But, as ir Matthew Hale remarks, though the people unjutly aited Henry IV in his uurpation of the crown, yet he was not admitted thereto, until he had declared that he claimed, not as a conqueror, (which he very much inclined to do ) but as a ucceor, decended by right line of the blood royal; as appears from the rolls of parliament in thoe times. And in order to this he et up a hew of two titles: the one upon the pretence of being the firt of the blood royal in the intire male line, whereas the duke of Clarence left only one daughter Philippa; from which female branch, by a marriage with Edmond Mortimer earl of March, the houe of York decended: the other, by reviving an exploded rumour, firt propagated by John of Gant, that Edmond earl of Lancater (to whom Henry’s mother was heires) was in reality the elder brother of king Edward I; though his parents, on account of his peronal deformity, had impoed him on the world for the younger: and therefore Henry would be intitled to the crown, either as ucceor to Richard II, in cae the intire male line was allowed a preference to the female; or, even prior to that unfortunate prince, if the crown could decend through a female, while an intire male line was exiting. , as in Edward the third’s time we find the parliament approving and affirming the law of the crown, as before tated, o in the reign of Henry IV they actually exerted their right of new-ettling the ucceion to the crown. And this was done by the tatute 7 Hen. IV. c. 2. whereby it is enacted, “that the inheritance of the crown and realms of England and France, and all other the king’s dominions, hall be et and remain in the peron of our overeign lord the king, and in the heirs of his body iuing;” and prince Henry is declared heir apparent to the crown, to hold to him and the heirs of his body Rh