inted in our statute books.

[Footnote r: 4 Inst. 37.]

[Footnote s: _Ibid._]

HENRY the eighth, the issue of this marriage, succeeded to the crown
by clear indisputable hereditary right, and transmitted it to his
three children in successive order. But in his reign we at several
times find the parliament busy in regulating the succession to the
kingdom. And, first, by statute 25 Hen. VIII. c. 12. which recites the
mischiefs, which have and may ensue by disputed titles, because no
perfect and substantial provision hath been made by law concerning the
succession; and then enacts, that the crown shall be entailed to his
majesty, and the sons or heirs males of his body; and in default of
such sons to the lady Elizabeth (who is declared to be the king's
eldest issue female, in exclusion of the lady Mary, on account of her
supposed illegitimacy by the divorce of her mother queen Catherine)
and to the lady Elizabeth's heirs of her body; and so on from issue
female to issue female, and the heirs of their bodies, by course of
inheritance according to their ages, _as the crown of England hath
been accustomed and ought to go_, in case where there be heirs female
of the same: and in default of issue female, then to the king's right
heirs for ever. This single statute is an ample proof of all the four
positions we at first set out with.

BUT, upon the king's divorce from Ann Boleyn, this statute was, with
regard to the settlement of the crown, repealed by statute 28 Hen.
VIII. c. 7. wherein the lady Elizabeth is also, as well as the lady
Mary, bastardized, and the crown settled on the king's children by
queen Jane Seymour, and his future wives; and, in defect of such
children, then with this remarkable remainder, to such persons as the
king by letters patent, or last will and testament, should limit and
appoint the same. A vast power; but, notwithstanding, as it was
regularly vested in him by the supreme legislative authority, it was
therefore indisputably valid. But this power was never carried into
execution; for by statute 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 respective bodies; which succession took effect
accordingly, being indeed no other than the usual course of the law,
with regard to the descent of the crown.

BUT lest there should remain any doubt in the