n 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_[q]."

[Footnote q: 4 Inst. 36.]

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[r], 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 the heirs of his body:" thereby
providing for the future, and at the same time acknowleging his
present possession; but not determining either way, whether that
possession was _de jure_ or _de facto_ merely. However he soon after
married Elizabeth of York, the undoubted heiress of the conqueror, and
thereby gained (as sir Edward Coke[s] declares) by much his best title
to the crown. Whereupon the act made in his favour was so much
disregarded, that it never was pr