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

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Ch. 3.
of Persons.
205

who immediately uſurped the royal dignity, having previouſly inſinuated to the populace a ſuſpicion of baſtardy in the children of Edward IV, to make a ſhew of ſome hereditary title: after which he is generally believed to have murdered his two nephews; upon whoſe death the right of the crown devolved to their ſiſter Elizabeth.

The tyrannical reign of king Richard III gave occaſion to Henry earl of Richmond to aſſert his title to the crown. A title the moſt remote and unaccountable that was ever ſet up, and which nothing could have given ſucceſs to, but the univerſal deteſtation of the then uſurper Richard. For, beſides that he claimed under a deſcent from John of Gant, whoſe title was now exploded, the claim (ſuch as it was) was through John earl of Somerſet, a baſtard ſon, begotten by John of Gant upon Catherine Swinford. It is true, that, by an act of parliament 20 Ric. II, this ſon was, with others, legitimated and made inheritable to all lands, offices, and dignities, as if he had been born in wedlock: but ſtill, with an expreſs reſervation of the crown, “excepta dignitate regali[1].”

Notwithstanding all this, immediately after the battle of Boſworth field, he aſſumed the regal dignity; the right of the crown then being, as ſir Edward Coke expreſſly declares[2], in Elizabeth, eldeſt daughter of Edward IV: and his poſſeſſion was eſtabliſhed by parliament, held the firſt year of his reign. In the act for which purpoſe, the parliament ſeems to have copied the caution of their predeceſſors in the reign of Henry IV; and therefore (as lord Bacon the hiſtorian of this reign obſerves) 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 ſeem to be created and conferred upon him; and therefore a middle way was rather choſen, by way (as the noble hiſtorian expreſſes it) of eſtabliſhment, and that under covert and indifferent words, “that the inheritance of the crown ſhould reſt, remain, and abide in king Henry VII and

  1. 4 Inſt. 36.
  2. Ibid. 37.
“the