Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/222

206 the heirs of his body:” thereby providing for the future, and at the ame time acknowleging his preent poeion; but not determining either way, whether that poeion was ' or ' merely. However he oon after married Elizabeth of York, the undoubted heires of the conqueror, and thereby gained (as ir Edward Coke declares) by much his bet title to the crown. Whereupon the act made in his favour was o much diregarded, that it never was printed in our tatute books. the eighth, the iue of this marriage, ucceeded to the crown by clear indiputable hereditary right, and tranmitted it to his three children in ucceive order. But in his reign we at everal times find the parliament buy in regulating the ucceion to the kingdom. And, firt, by tatute 25 Hen. VIII. c. 12. which recites the michiefs, which have and may enue by diputed titles, becaue no perfect and ubtantial proviion hath been made by law concerning the ucceion; and then enacts, that the crown hall be entailed to his majety, and the ons or heirs males of his body; and in default of uch ons to the lady Elizabeth (who is declared to be the king’s eldet iue female, in excluion of the lady Mary, on account of her uppoed illegitimacy by the divorce of her mother queen Catherine) and to the lady Elizabeth’s heirs of her body; and o on from iue female to iue female, and the heirs of their bodies, by coure of inheritance according to their ages, as the crown of England hath been accutomed and ought to go, in cae where there be heirs female of the ame: and in default of iue female, then to the king’s right heirs for ever. This ingle tatute is an ample proof of all the four poitions we at firt et out with. , upon the king’s divorce from Ann Boleyn, this tatute was, with regard to the ettlement of the crown, repealed by tatute 28 Hen. VIII. c. 7. wherein the lady Elizabeth is alo, as well as the lady Mary, batardized, and the crown ettled on the king’s children by queen Jane Seymour, and his future wives; and, in defect