Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/223

Ch.3 defect of uch children, then with this remarkable remainder, to uch perons as the king by letters patent, or lat will and tetament, hould limit and appoint the ame. A vat power; but, notwithtanding, as it was regularly veted in him by the upreme legilative authority, it was therefore indiputably valid. But this power was never carried into execution; for by tatute 35 Hen. VIII. c. 1. the king’s two daughters are legitimated again, and the crown is limited to prince Edward by name, after that to the lady Mary, and then to the lady Elizabeth, and the heirs of their repective bodies; which ucceion took effect accordingly, being indeed no other than the uual coure of the law, with regard to the decent of the crown. let there hould remain any doubt in the minds of the people, through this jumble of acts for limiting the ucceion, by tatute 1 Mar. p. 2. c. 1. queen Mary’s hereditary right to the throne is acknowleged and recognized in thee words: “the crown of thee realms is mot lawfully, jutly, and rightly decended and come to the queen’s highnes that now is, being the very, true, and undoubted heir and inheritrix thereof.” And again, upon the queen’s marriage with Philip of Spain, in the tatute which ettles the preliminaries of that match, the hereditary right to the crown is thus aerted and declared: “as touching the right of the queen’s inheritance in the realm and dominions of England, the children, whether male or female, hall ucceed in them, according to the known laws, tatutes, and cutoms of the ame.” Which determination of the parliament, that the ucceion hall continue in the uual coure, eems tacitly to imply a power of new-modelling and altering it, in cae the legilature had thought proper. queen Elizabeth’s acceion, her right is recognized in till tronger terms than her iter’s; the parliament acknowleging, “that the queen’s highnes is, and in very deed and of mot mere right ought to be, by the laws of God, and the laws and sta- “tutes