Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/221

Ch. 3. who immediately uurped the royal dignity, having previouly ininuated to the populace a upicion of batardy in the children of Edward IV, to make a hew of ome hereditary title: after which he is generally believed to have murdered his two nephews; upon whoe death the right of the crown devolved to their iter Elizabeth.

tyrannical reign of king Richard III gave occaion to Henry earl of Richmond to aert his title to the crown. A title the mot remote and unaccountable that was ever et up, and which nothing could have given ucces to, but the univeral detetation of the then uurper Richard. For, beides that he claimed under a decent from John of Gant, whoe title was now exploded, the claim (uch as it was) was through John earl of Someret, a batard on, begotten by John of Gant upon Catherine Swinford. It is true, that, by an act of parliament 20 Ric. II, this on was, with others, legitimated and made inheritable to all lands, offices, and dignities, as if he had been born in wedlock: but till, with an expres reervation of the crown, “ .” all this, immediately after the battle of Boworth field, he aumed the regal dignity; the right of the crown then being, as ir Edward Coke exprely declares, in Elizabeth, eldet daughter of Edward IV: and his poeion was etablihed by parliament, held the firt year of his reign. In the act for which purpoe, the parliament eems to have copied the caution of their predeceors in the reign of Henry IV; and therefore (as lord Bacon the hitorian of this reign oberves) carefully avoided any recognition of Henry VII’s right, which indeed was none at all; and the king would not have it by way of new law or ordinance, whereby a right might eem to be created and conferred upon him; and therefore a middle way was rather choen, by way (as the noble hitorian exprees it) of etablihment, and that under covert and indifferent words, “that the inheritance of the crown hould ret, remain, and abide in king Henry VII and “the