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         Hale, Matthew, Sir, 1609-1676.
      
       
         
           1699
        
      
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             De successionibus apud anglos, or, A treatise of hereditary descents shewing the rise, progress and successive alterations thereof : and also the laws of descent as they are now in use.
             Hale, Matthew, Sir, 1609-1676.
             Shower, Bartholomew, Sir, 1658-1701.
          
           [6], 104 p., 1 folded leaf.
           
             Printed and are to be sold by A. Baldwin ...,
             London :
             1699.
          
           
             First edition.
             Attributed to Sir Matthew Hale. Cf. BM, NUC pre-1956.
             Dedication and "To the reader" signed: B.S. [i.e. Sir Bartholomew Shower].
             "A scheme of pedigrees ...": p. [1] at end.
             Chapter 11 of the author's The history and analysis of the common law of England, which was first published in 1713.
             Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library.
          
        
      
    
     
       
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         eng
      
       
         
           Inheritance and succession -- England.
           Land tenure -- England.
           Primogeniture -- England.
        
      
    
     
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           DE
           Successionibus
           APUD
           ANGLOS
           :
           Or
           ,
           A
           TREATISE
           OF
           
             Hereditary
             Descents
          
           ,
           Shewing
           The
           Rise
           ,
           Progress
           and
           Successive
           Alterations
           thereof
           .
           AND
           Also
           the
           Laws
           of
           Descent
           as
           they
           are
           now
           in
           use
           .
        
         
           LONDON
           Printed
           and
           are
           to
           be
           Sold
           by
           
             A.
             Baldwin
          
           in
           Warwick-lane
           ,
           1699.
           
        
         
      
       
         
         
           TO
           
             Sir
             S.
             E.
          
           Knight
           .
           THIS
           TREATISE
           IS
           Most
           Humbly
           Dedicated
           BY
           HIS
           Most
           Obliged
           and
           most
           Obedient
           Servant
           ,
           
             B.
             S.
          
           
        
         
      
       
         
         
           TO
           THE
           READER
           .
        
         
           THis
           little
           Treatise
           of
           Hereditary
           Descents
           being
           recommended
           to
           my
           perusal
           ,
           I
           willingly
           embraced
           the
           opportunity
           of
           shewing
           my
           esteem
           of
           the
           great
           Learning
           of
           the
           Author
           ,
           and
           my
           Love
           for
           the
           Publick
           in
           sending
           it
           abroad
           .
           And
           I
           was
           the
        
         
         
           I
           am
           unwilling
           to
           detain
           you
           any
           longer
           than
           only
           to
           tell
           you
           ,
           that
           tho'
           in
           this
           Treatise
           there
           is
           nothing
           but
           what
           most
           Practicers
           do
           know
           already
           ;
           yet
           the
           Method
           I
           beleive
           will
           render
           it
           useful
           in
           some
           sort
           to
           those
           of
           the
           greatest
           Learning
           .
        
         
           
             B.
             S.
             
          
        
      
    
     
       
         
         
           DE
           Successionibus
           APUD
           ANGLOS
           .
        
         
           MY
           design
           in
           the
           following
           Discourse
           is
           to
           Treat
           of
           the
           Hereditary
           Transmission
           of
           Lands
           from
           Ancestor
           to
           Heir
           ,
           and
           the
           certainty
           thereof
           ,
           and
           what
           growth
           this
           Doctrine
           has
           had
           in
           
           Succession
           of
           time
           ,
           till
           it
           arrived
           to
           the
           State
           and
           Prefection
           which
           now
           it
           hath
           .
        
         
           And
           touching
           Hereditary
           Transmission
           ,
           or
           Succession
           commonly
           with
           us
           called
           Descents
           ,
           I
           shall
           hold
           this
           Order
           in
           my
           Discourse
           ,
           (
           viz.
           )
        
         
           1
           st
           ,
           To
           give
           some
           account
           touching
           the
           Ancient
           Laws
           ,
           both
           
             Jewish
             ,
             Greek
          
           and
           Roman
           ,
           concerning
           this
           matter
           .
        
         
           2ly
           ,
           To
           observe
           some
           things
           ,
           wherein
           it
           may
           appear
           ,
           how
           the
           particular
           Customs
           ,
           or
           Municipal
           
           Laws
           of
           other
           Countries
           ,
           varied
           from
           those
           other
           Laws
           .
        
         
           3ly
           ,
           To
           give
           some
           account
           of
           the
           Rules
           and
           Laws
           of
           Descents
           ,
           or
           Hereditary
           Transmissions
           as
           they
           stood
           ,
           and
           at
           this
           day
           stand
           in
           England
           ,
           with
           the
           successive
           alterations
           ,
           that
           process
           of
           time
           ,
           and
           the
           wisdom
           of
           our
           Ancestors
           ,
           and
           Customs
           grown
           up
           ,
           tacitely
           ,
           gradually
           and
           successively
           ,
           have
           made
           therein
           .
        
         
           And
           first
           touching
           the
           Succession
           or
           Descent
           of
           Inheritance
           ,
           as
           also
           of
           Goods
           ,
           among
           the
           Jews
           ,
           Mr.
           Selden
           
           in
           his
           Book
           
             De
             Successionibus
             apud
             Hebraeos
          
           ,
           hath
           given
           us
           an
           excellent
           account
           ,
           as
           well
           out
           of
           the
           holy
           Text
           ,
           as
           out
           of
           the
           Comments
           of
           Rabbins
           ,
           or
           
             Jewish
             Lawyers
          
           ,
           which
           I
           briefly
           comprise
           ,
           in
           the
           5
           ,
           6
           ,
           7
           ,
           12
           and
           13
           Chapters
           of
           that
           Book
           ,
           the
           sum
           whereof
           ,
           for
           so
           much
           as
           concerns
           my
           purpose
           ,
           is
           this
           .
        
         
           1.
           
           That
           in
           the
           descending
           Line
           ,
           the
           Descent
           or
           Succession
           ,
           was
           unto
           all
           the
           Sons
           ,
           only
           the
           eldest
           had
           a
           double
           Portion
           ,
           (
           viz.
           )
           If
           there
           were
           three
           Sons
           ,
           the
           eldest
           had
           two
           fourths
           ,
           
           and
           each
           other
           Son
           one
           fourth
           part
           .
        
         
           2.
           
           The
           Nephew
           ,
           or
           Son
           of
           the
           Son
           ,
           dying
           in
           the
           Fathers
           Life
           ,
           and
           so
           
             in
             infinitum
          
           ,
           succeeded
           in
           the
           partition
           of
           his
           Father
           ,
           as
           if
           his
           Father
           had
           been
           in
           Possession
           of
           it
           .
        
         
           3.
           
           The
           Daughter
           did
           not
           succeed
           in
           the
           Inheritance
           of
           the
           Father
           ,
           as
           long
           as
           there
           was
           Sons
           ,
           or
           Descendants
           from
           the.
           But
           if
           one
           Son
           had
           died
           in
           the
           life
           of
           his
           Father
           ,
           having
           Daughters
           and
           
           without
           Sons
           ,
           his
           Daughters
           succeeded
           in
           his
           part
           ,
           as
           if
           he
           had
           been
           Possessed
           .
        
         
           4.
           
           In
           case
           there
           were
           no
           Sons
           but
           Daughters
           ,
           the
           Daughters
           equally
           succeeded
           their
           Father
           without
           any
           prelation
           of
           the
           eldest
           ,
           to
           two
           parts
           ,
           or
           a
           double
           Portion
           .
        
         
           5.
           
           But
           if
           the
           Son
           had
           an
           Inheritance
           ,
           and
           died
           without
           Issue
           ,
           having
           a
           Father
           ,
           and
           Brothers
           ,
           the
           Inheritance
           of
           the
           Son
           descended
           ,
           not
           to
           his
           Brothers
           unless
           
           in
           case
           of
           the
           next
           Brother
           taking
           to
           Wife
           the
           deceased's
           Wife
           ,
           to
           raise
           Children
           for
           the
           Brother
           deceased
           ,
           but
           in
           such
           case
           the
           Father
           inherited
           his
           Son
           entirely
           .
        
         
           6.
           
           But
           if
           the
           Father
           were
           dead
           ,
           it
           came
           to
           the
           Brothers
           ,
           as
           it
           were
           as
           Heirs
           to
           the
           Father
           ,
           in
           the
           same
           manner
           ,
           as
           if
           the
           Inheritance
           had
           been
           actually
           possessed
           by
           him
           ;
           and
           therefore
           ,
           the
           Fathers
           other
           Sons
           ,
           and
           their
           Descendants
           
             in
             infinitum
          
           succeeded
           ,
           but
           
           yet
           equally
           ,
           and
           without
           any
           double
           Portion
           to
           the
           eldest
           ,
           because
           (
           though
           in
           truth
           the
           Brothers
           succeeded
           as
           it
           were
           in
           Right
           of
           Representation
           from
           the
           Father
           ;
           yet
           )
           the
           Father
           dying
           before
           his
           Son
           ,
           the
           Descent
           was
           
             de
             facto
          
           ,
           immediately
           from
           the
           Brother
           to
           the
           Brother
           ,
           where
           the
           Law
           gave
           not
           a
           double
           Portion
           ;
           and
           in
           case
           the
           Father
           had
           no
           Sons
           ,
           or
           Descendants
           from
           them
           ,
           then
           it
           descended
           to
           all
           the
           Sisters
           .
        
         
         
           7.
           
           If
           the
           Son
           died
           without
           Issue
           ,
           and
           his
           Father
           or
           any
           Descendants
           from
           him
           were
           extant
           ,
           it
           went
           not
           to
           the
           Grandfather
           ,
           or
           his
           other
           Descendants
           .
           But
           if
           the
           Father
           were
           dead
           without
           Issue
           ,
           it
           descended
           to
           the
           Grandfather
           ,
           and
           if
           he
           were
           dead
           ,
           then
           to
           his
           Sons
           and
           their
           Descendants
           ,
           and
           for
           want
           of
           them
           ,
           then
           to
           his
           Daughters
           or
           their
           Descendants
           ,
           as
           if
           the
           Grandfather
           himself
           had
           been
           actually
           possessed
           ,
           and
           had
           died
           .
           And
           so
           ,
           
             mutatis
             mutandis
          
           ,
           
           to
           the
           
             Proavus
             ,
             Abavus
             ,
             Atavus
             ,
             &c.
          
           But
           the
           Inheritance
           of
           the
           Son
           ,
           never
           retorted
           to
           the
           Mother
           ,
           or
           to
           any
           of
           her
           Ancestors
           ,
           but
           she
           and
           they
           were
           totally
           excluded
           .
        
         
           8.
           
           The
           double
           Portion
           that
           was
           therefore
           
             jus
             primogenituroe
          
           never
           took
           place
           ,
           but
           in
           that
           person
           that
           was
           the
           Primogenitus
           of
           him
           ,
           from
           whom
           the
           Inheritance
           immediately
           descended
           ,
           or
           in
           him
           that
           represented
           him
           .
           If
           A.
           had
           two
           Sons
           ,
           B.
           and
           C.
           and
           B.
           the
           eldest
           ,
           had
           
           two
           Sons
           ,
           D.
           and
           E.
           and
           died
           ,
           B.
           should
           have
           had
           a
           double
           Portion
           ,
           (
           viz.
           )
           two
           thirds
           and
           C.
           only
           one
           third
           .
           And
           if
           B.
           had
           died
           in
           the
           life
           time
           of
           A.
           and
           then
           A.
           died
           ,
           D.
           and
           E.
           should
           have
           had
           the
           two
           thirds
           ,
           or
           double
           Portion
           ,
           which
           had
           belonged
           to
           B.
           if
           he
           had
           survived
           his
           Father
           ,
           and
           this
           double
           Portion
           should
           have
           been
           divided
           between
           D.
           and
           E.
           thus
           ,
           
             viz.
             D.
          
           should
           have
           had
           two
           thirds
           of
           the
           two
           thirds
           that
           came
           to
           them
           ,
           and
           E.
           the
           other
           third
           part
           thereof
           .
        
         
         
           Among
           the
           Graecians
           ,
           the
           Laws
           of
           Descents
           ,
           in
           some
           sort
           ,
           resembled
           those
           of
           the
           Jews
           .
           In
           some
           things
           they
           differed
           
             Vide
             Petyts
             Leges
             Atticae
             ,
             Tit.
             6.
             
             De
             Testamentis
             &
             Haereditario
             Jure
             ,
          
           where
           the
           Text
           of
           their
           Law
           runs
           thus
           ,
           
             Omnes
             Legitimi
             Filii
             Haereditatem
             Paternam
             ex
             aequo
             inter
             se
             Haeriscunto
             .
             Siquis
             intestatus
             moritur
             ,
             relictis
             filiabus
             ,
             qui
             eas
             in
             Vxores
             ducent
             Haeredes
             sunto
             .
             Si
             nullae
             supersint
             ,
             hi
             ab
             intestato
             haereditatem
             cernunto
             .
             Et
             primo
             quidem
             Fratres
             defuncti
             Germani
             &
             Legitimi
             Fratrum
             Filii
             hoereditatem
             simul
             adeunto
             .
             Si
             nulli
             Fratres
             aut
             Fratrum
             Filii
             
             supersint
             ,
             iis
             geniti
             eadem
             Lege
             haereditatem
             cernunto
             :
             Masculi
             autem
             iis
             geniti
             ,
             etiamsi
             remotiori
             cognationis
             sint
             gradu
             ,
             proeferuntor
             .
             Si
             nulli
             supersint
             Paterni
             proximi
             ad
             sobrinorum
             usque
             Filios
             ,
             materni
             defuncti
             propinqui
             simili
             Lege
             Haereditatem
             adeunto
             .
             Si
             è
             neutra
             cognatione
             supersint
             intra
             definitum
             gradum
             ,
             proprior
             cognatus
             paternus
             adito
             Notho
             Nothaeve
             .
             Superstite
             legitima
             Filia
             ,
             Nothus
             hoereditatem
             Patris
             ne
             adito
             .
          
           This
           Law
           is
           very
           obscure
           ,
           but
           the
           Sence
           seems
           to
           be
           briefly
           this
           ,
           That
           all
           the
           Sons
           equally
           inherit
           the
           Father
           ;
           but
           if
           he
           have
           no
           Sons
           ,
           then
           
           the
           Husbands
           of
           the
           Daughters
           ;
           if
           he
           have
           no
           Children
           ,
           then
           his
           Brothers
           ,
           and
           his
           Brothers
           Children
           ;
           and
           if
           none
           ,
           then
           his
           next
           Kindred
           of
           the
           part
           of
           his
           Father
           ,
           preferring
           the
           Males
           before
           the
           Females
           ;
           and
           if
           none
           of
           the
           Fathers
           Line
           ,
           
             ad
             sobrinorum
             usque
             Filios
          
           ,
           then
           to
           descend
           to
           the
           Mothers
           Line
           .
           
             Vide
             Petyt's
             Gloss
             .
             in
             hanc
             Legem
             .
          
        
         
           Among
           the
           Romans
           it
           appears
           ,
           that
           the
           Laws
           of
           Succession
           did
           successively
           vary
           ,
           for
           the
           Laws
           of
           the
           Twelve
           Tables
           excluded
           the
           Females
           from
           Inheriting
           ,
           
           and
           had
           many
           other
           straitnesses
           which
           were
           successively
           remedied
           by
           Claudius
           ,
           and
           after
           him
           by
           
             Hadrianus
             ,
             in
             Senatus-consulto
             Tertulliano
          
           ,
           and
           after
           him
           by
           Justinian
           ,
           in
           the
           third
           Book
           of
           his
           Institutes
           ,
           
             De
             Haereditatibus
             quoe
             ab
             intestato
             deferuntur
             ,
          
           and
           the
           two
           ensuing
           Titles
           .
           And
           again
           ,
           all
           this
           further
           explained
           ,
           and
           setled
           by
           the
           Novel
           Constitutions
           of
           the
           same
           Justinian
           ,
           stiled
           
             Authenticoe
             Novelloe
             ,
             de
             Haereditatibus
             ab
             Intestato
             venientibus
             ,
             &
             agnatorum
             jure
             sublato
          
           ;
           Therefore
           omitting
           the
           large
           Inquiry
           into
           the
           successive
           
           changes
           of
           the
           Roman
           Law
           in
           this
           particular
           ,
           I
           shall
           only
           set
           down
           how
           ,
           according
           to
           the
           Constitution
           ,
           the
           Roman
           Law
           stands
           setled
           therein
           .
        
         
           The
           Descents
           ,
           or
           Successions
           from
           any
           Person
           ,
           are
           of
           three
           Kinds
           ,
           viz.
           
           
             
               1.
               
               Descending
               .
            
             
               2.
               
               Ascending
               .
            
             
               3.
               
               Collateral
               ,
               
                 viz.
                 In
                 Agnatos
                 à
                 Parte
                 Patris
                 ,
                 in
                 Cognatos
                 à
                 Parte
                 Matris
                 .
              
            
          
        
         
         
           1
           st
           ,
           In
           the
           descending
           Line
           ,
           these
           Rules
           are
           directed
           .
        
         
           1.
           
           The
           descending
           Line
           ,
           whether
           Male
           or
           Female
           ,
           whether
           immediately
           or
           remote
           ,
           takes
           place
           ,
           and
           prevents
           the
           Descent
           or
           Succession
           Ascending
           ,
           or
           Collateral
           ,
           
             in
             infinitum
          
           .
        
         
           2.
           
           The
           remote
           Descendants
           of
           the
           Descending
           Line
           ,
           succeed
           
             in
             Stirpem
          
           ,
           That
           is
           ,
           to
           succeed
           into
           that
           right
           ,
           which
           his
           Parents
           should
           have
           had
           .
        
         
           3.
           
           That
           this
           Descent
           or
           Succession
           is
           equal
           in
           all
           the
           Descendants
           ,
           without
           
           preference
           of
           the
           Male
           before
           the
           Female
           .
           So
           that
           ,
           if
           the
           Common
           Ancestor
           had
           three
           Sons
           and
           three
           Daughters
           ,
           each
           had
           a
           sixth
           part
           ,
           and
           if
           one
           died
           in
           the
           life
           of
           the
           Father
           ,
           having
           three
           Sons
           and
           three
           Daughters
           ,
           that
           sixth
           part
           ,
           that
           had
           belonged
           to
           the
           Person
           dead
           ,
           should
           have
           been
           equally
           divided
           ,
           between
           his
           or
           her
           six
           Children
           ,
           and
           so
           
             in
             infinitum
          
           ,
           in
           the
           Descending
           Line
           .
        
         
           2ly
           ,
           In
           the
           Ascending
           Line
           ,
           there
           are
           these
           Rules
           .
        
         
         
           1.
           
           If
           the
           Son
           die
           without
           Issue
           ,
           or
           any
           Descending
           from
           him
           ,
           leaving
           a
           Father
           and
           Mother
           ,
           both
           of
           them
           shall
           equally
           succeed
           to
           the
           Son
           ,
           and
           prevent
           all
           others
           of
           the
           Collateral
           Line
           ,
           Except
           Brothers
           and
           Sisters
           ,
           as
           shall
           be
           said
           ,
           or
           if
           only
           a
           Father
           ,
           or
           only
           a
           Mother
           ,
           he
           or
           she
           alone
           shall
           succeed
           .
        
         
           2ly
           ,
           But
           if
           the
           deceased
           had
           a
           Father
           ,
           Mother
           ,
           Brother
           and
           Sister
           ,
           
             ex
             utriusque
             parentibus
             conjuncti
          
           ;
           they
           shall
           all
           equally
           succeed
           the
           Son
           ,
           by
           equal
           parts
           ,
           without
           preference
           of
           the
           Male.
           
        
         
         
           3.
           
           In
           the
           Collateral
           Line
           .
        
         
           1.
           
           If
           the
           Descendant
           die
           without
           Father
           ,
           Mother
           ,
           Son
           or
           Daughter
           ,
           or
           any
           Descending
           from
           them
           in
           the
           right
           Descending
           Line
           ,
           the
           Brothers
           and
           Sisters
           
             ex
             utriusque
             Parentibus
             conjuncti
          
           ,
           and
           the
           immediate
           Children
           of
           them
           ,
           shall
           succeed
           equally
           ,
           withoutpreference
           of
           either
           Sex
           ,
           and
           the
           Children
           from
           them
           ,
           shall
           succeed
           
             in
             Stirpes
          
           .
           As
           if
           there
           be
           a
           Brother
           and
           Sister
           ,
           and
           the
           Sister
           dies
           in
           the
           Life
           of
           the
           Descendant
           ,
           leaving
           one
           or
           more
           Children
           .
           All
           such
           Children
           shall
           succeed
           in
           the
           moiety
           ,
           
           that
           should
           have
           come
           to
           their
           deceased
           Mother
           ,
           had
           she
           survived
           .
        
         
           2.
           
           But
           if
           there
           be
           no
           Brothers
           or
           Sisters
           ,
           
             ex
             utriusque
             Parentibus
             conjuncti
          
           ;
           nor
           any
           of
           their
           immediate
           Children
           ,
           then
           the
           Brothers
           and
           Sisters
           of
           the
           Half-blood
           ,
           and
           their
           immediate
           Children
           ,
           succeed
           
             in
             Stirpes
          
           ,
           to
           the
           deceased
           ,
           without
           any
           Prerogative
           to
           the
           Male.
           
        
         
           3.
           
           But
           if
           there
           be
           no
           Brothers
           or
           Sisters
           of
           the
           whole
           ,
           or
           half-blood
           ,
           nor
           any
           of
           their
           immediate
           Children
           ,
           (
           for
           their
           Grand-Children
           
           are
           not
           provided
           for
           by
           Law
           )
           then
           the
           next
           Kindred
           are
           called
           to
           the
           Inheritance
           .
        
         
           4.
           
           But
           if
           the
           next
           be
           in
           equal
           degree
           ,
           whether
           on
           the
           part
           of
           the
           Father
           ,
           as
           Agnati
           ;
           or
           on
           the
           part
           of
           the
           Mother
           ,
           as
           Cognati
           ,
           then
           they
           are
           equally
           called
           to
           the
           Inheritance
           ,
           and
           equally
           succeed
           
             in
             Capita
          
           ,
           and
           not
           
             in
             Stirpes
          
           .
        
         
           Thus
           far
           of
           these
           settled
           Laws
           of
           the
           
             Jews
             ,
             Greeks
          
           and
           Romans
           .
           But
           the
           particular
           ,
           or
           Municipal
           Laws
           ,
           and
           Customs
           of
           almost
           every
           Country
           ,
           derogate
           from
           these
           Laws
           ,
           and
           direct
           
           Successions
           in
           a
           much
           different
           way
           .
        
         
           For
           instance
           ,
           By
           the
           Customs
           of
           Lombardy
           (
           according
           to
           which
           ,
           the
           Rule
           of
           the
           Feuds
           ,
           both
           in
           their
           Descents
           ,
           and
           other
           things
           ,
           are
           much
           directed
           )
           their
           Descents
           are
           in
           a
           much
           different
           manner
           .
           Lib.
           1.
           
           
             Feud
             .
             Tit.
          
           1.
           
           If
           a
           Feud
           be
           granted
           to
           one
           Brother
           ,
           who
           dies
           without
           Issue
           ,
           it
           Descends
           not
           to
           his
           Brother
           '
           ,
           unless
           especially
           so
           provided
           in
           the
           first
           Infeudation
           .
           —
           If
           the
           Donee
           dies
           ,
           having
           Issue
           Sons
           and
           Daughters
           ,
           it
           descends
           only
           to
           the
           Sons
           .
           Whereas
           ,
           by
           the
           Roman
           Law
           ,
           it
           descends
           
           both
           to
           the
           Sons
           and
           Daughters
           .
           The
           Brother
           also
           succeeds
           not
           ,
           to
           the
           Brother
           ,
           unless
           specially
           so
           provided
           ,
           
             ibid.
             Tit.
          
           50.
           
           The
           Ascendants
           succeed
           not
           ,
           but
           only
           the
           Descendants
           ,
           neither
           doth
           a
           Daughter
           succeed
           ,
           
             nisi
             ex
             parte
             ,
             vel
             nisi
             sit
             Feudum
             foemininum
             .
          
        
         
           If
           we
           come
           nearer
           home
           ,
           to
           the
           Normandy
           Laws
           ,
           there
           are
           two
           kind
           of
           Lands
           partable
           ,
           or
           not
           partable
           ;
           the
           Lands
           that
           are
           partable
           ,
           are
           all
           
             Vavasories
             ,
             Burgages
          
           ,
           and
           such
           like
           ,
           which
           are
           much
           of
           the
           nature
           of
           our
           
             Soccage
             Lands
          
           .
           These
           descend
           to
           all
           the
           Sons
           ,
           or
           to
           all
           the
           Brothers
           .
           Lands
           not
           partable
           
           are
           Fiefs
           and
           Dignities
           ;
           these
           descend
           to
           the
           eldest
           Son
           ,
           and
           not
           to
           all
           the
           Sons
           ,
           and
           if
           there
           be
           no
           Sons
           ,
           then
           to
           all
           the
           Daughters
           partable
           .
           For
           want
           of
           Sons
           and
           Nephews
           ,
           it
           descends
           to
           the
           Daughters
           ,
           if
           no
           Sons
           or
           Daughters
           ;
           or
           Descendants
           from
           them
           ,
           it
           descends
           to
           the
           Brothers
           ;
           and
           for
           want
           of
           Brothers
           ,
           to
           the
           Sisters
           ,
           observing
           ,
           as
           before
           ,
           the
           difference
           between
           Lands
           partable
           and
           not
           partable
           ,
           and
           accordingly
           the
           Descent
           runs
           to
           the
           posterity
           of
           the
           Brothers
           ,
           unto
           the
           seventh
           Degree
           .
           And
           if
           there
           be
           no
           Brothers
           or
           Sisters
           ,
           or
           any
           Descendants
           
           from
           them
           ,
           within
           the
           seventh
           Degree
           ,
           it
           descends
           to
           the
           Father
           ;
           and
           if
           the
           Father
           be
           dead
           ,
           to
           the
           Uncles
           and
           Aunts
           ,
           
             ut
             supra
          
           ,
           to
           Brothers
           and
           Sisters
           ;
           and
           if
           there
           be
           none
           ,
           then
           to
           the
           Grand-father
           .
           So
           that
           ,
           according
           to
           their
           Law
           ,
           the
           Father
           is
           postpon'd
           to
           the
           Brother
           and
           Sister
           ,
           and
           their
           Issues
           ,
           but
           is
           preferred
           before
           the
           Uncle
           ;
           tho'
           by
           the
           Jewish
           Law
           ,
           the
           Father
           be
           preferred
           before
           the
           Brother
           ;
           by
           the
           Roman
           Law
           succeeds
           together
           with
           the
           Brother
           ;
           and
           by
           the
           English
           Law
           ,
           takes
           not
           immediately
           by
           descent
           ,
           but
           the
           Fathers
           Brother
           .
        
         
         
           If
           Lands
           descend
           from
           the
           part
           of
           the
           Father
           ,
           they
           never
           Resort
           by
           Descent
           ,
           to
           the
           Line
           of
           the
           Mother
           ;
           but
           in
           cases
           of
           Purchases
           by
           the
           Son
           ,
           who
           dies
           without
           Issue
           ;
           for
           want
           of
           Heirs
           of
           the
           part
           of
           the
           Father
           ,
           it
           descends
           to
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           ,
           according
           to
           the
           Law
           of
           England
           .
        
         
           The
           Son
           of
           the
           eldest
           Son
           ,
           dying
           in
           the
           life
           of
           the
           Father
           ,
           is
           preferred
           ,
           before
           the
           younger
           Son
           surviving
           the
           Father
           ,
           as
           the
           Law
           stands
           here
           now
           ,
           but
           it
           hath
           some
           interruption
           .
        
         
         
           4.
           
           In
           an
           equality
           of
           degree
           ,
           in
           Collateral
           Descents
           ,
           the
           Male
           Line
           is
           preferred
           ,
           before
           the
           Female
           .
        
         
           5.
           
           Although
           by
           the
           Civil
           Law
           ,
           
             Fratres
             utriusque
             Parentis
             conjuncti
             ,
             praeseruntur
             fratribus
             consanguineis
             tantum
             ,
             vel
             uterinis
          
           ;
           yet
           it
           should
           seem
           ,
           by
           the
           Custom
           of
           Normandy
           ,
           That
           
             Fratres
             consanguinei
             ,
             viz.
             ex
             eodem
             patre
             ,
             sed
             diversa
             matre
             ,
          
           shall
           take
           by
           Descent
           ,
           together
           with
           the
           Brothers
           ,
           
             ex
             utroque
             conjuncti
          
           ,
           upon
           the
           death
           of
           any
           of
           such
           Brothers
           .
           But
           this
           seems
           to
           be
           a
           mistake
           ,
           for
           it
           seems
           the
           Half-blood
           ,
           
           hinders
           the
           Descent
           between
           Brothers
           or
           Sisters
           .
        
         
           6.
           
           Leprosie
           was
           among
           them
           ,
           an
           Impediment
           of
           Succession
           ,
           but
           then
           it
           seems
           ,
           it
           must
           be
           solemnly
           adjudged
           to
           be
           a
           Leprosie
           ,
           by
           the
           Sentence
           of
           the
           Church
           .
           Upon
           this
           and
           much
           more
           that
           might
           be
           observed
           ,
           upon
           the
           Customs
           of
           several
           Countries
           ,
           the
           Rules
           of
           Succession
           ,
           or
           Hereditary
           Transmission
           ,
           have
           been
           various
           in
           several
           Countries
           ,
           according
           to
           various
           Laws
           ,
           Customs
           and
           Usuages
           .
        
         
         
           And
           now
           ,
           after
           this
           brief
           Survey
           of
           the
           Laws
           and
           Customs
           of
           other
           Countries
           ,
           I
           come
           to
           the
           Laws
           and
           Usuages
           of
           England
           in
           relation
           to
           Descents
           ,
           and
           the
           growth
           that
           those
           Customs
           have
           successively
           had
           ,
           and
           whereunto
           they
           are
           now
           arrived
           .
        
         
           1.
           
           Touching
           the
           Hereditary
           Succession
           ,
           it
           seems
           ,
           that
           according
           to
           the
           Ancient
           British
           Laws
           ;
           their
           eldest
           Sons
           inherited
           their
           Earldoms
           ,
           and
           Baronies
           ,
           for
           they
           had
           great
           Dignities
           ,
           and
           Jurisdictions
           annexed
           to
           them
           ,
           and
           were
           in
           nature
           of
           Principalities
           .
           
           But
           their
           ordinary
           Freeholds
           descended
           to
           all
           the
           Sons
           ;
           and
           this
           Custom
           they
           carried
           with
           them
           into
           Wales
           ,
           whither
           they
           were
           driven
           .
           This
           appears
           by
           the
           Statute
           Walliae
           12
           Ed.
           1.
           
           
             Aliter
             usitatum
             est
             in
             Wallia
             quam
             in
             Anglia
             quoad
             Successionem
             Haereditatis
             ,
             eò
             quòd
             Haereditas
             partibilis
             est
             inter
             Haeredes
             Masculos
             ,
             &
             à
             tempore
             cujus
             non
             extiterit
             Memoria
             partibilis
             extitit
             .
             Dominus
             Rex
             non
             vult
             quòd
             Consuetudo
             illa
             abrogetur
             ,
             sed
             quòd
             Haereditates
             remaneant
             partibiles
             inter
             Consimiles
             Haeredes
             ,
             sicut
             esse
             consueverunt
             ,
             &
             fiat
             Partitio
             illius
             sicut
             fieri
             consuevit
             ;
             hoc
             excepto
             ,
             quòd
             Bastardi
             
             non
             habeant
             de
             caetero
             Haereditates
             ,
             &
             etiam
             quòd
             non
             habeant
             Purpartes
             cum
             Legitimis
             ,
             nec
             sine
             legitimis
             .
          
           Upon
           which
           three
           things
           are
           observable
           .
        
         
           First
           ,
           That
           at
           this
           time
           ,
           the
           Hereditary
           Succession
           of
           the
           eldest
           Son
           ,
           was
           then
           known
           to
           be
           the
           Common
           ,
           and
           usual
           Law
           in
           England
           .
        
         
           2ly
           ,
           That
           the
           Succession
           of
           all
           the
           Sons
           ,
           was
           the
           Ancient
           Customary
           Law
           among
           the
           British
           in
           Wales
           ,
           which
           is
           here
           continued
           .
        
         
           3ly
           ,
           That
           before
           this
           time
           ,
           Bastards
           were
           admitted
           to
           
           Inherit
           in
           Wales
           ,
           as
           well
           as
           the
           Legitimate
           ,
           which
           Usuage
           is
           here
           abrogated
           .
           And
           although
           we
           have
           but
           few
           Evidences
           ,
           touching
           the
           British
           Laws
           ,
           before
           their
           Expulsion
           into
           Wales
           ,
           yet
           this
           usage
           seems
           sufficiently
           to
           Evidence
           ,
           That
           this
           was
           the
           antient
           British
           Law.
           
        
         
           2ly
           ,
           As
           to
           the
           times
           of
           the
           Saxons
           and
           Danes
           ,
           their
           Laws
           collected
           by
           Brampton
           ,
           and
           by
           Mr.
           Lambard
           ,
           speak
           not
           much
           concerning
           the
           Course
           of
           Descents
           .
           Yet
           it
           seems
           ,
           that
           commonly
           the
           Descents
           of
           their
           ordinary
           Lands
           ,
           (
           at
           least
           except
           Barronies
           and
           Royal
           Inheritances
           )
           
           descended
           also
           to
           all
           the
           Sons
           .
           Among
           the
           Laws
           of
           Canutus
           ,
           there
           is
           this
           Law
           ,
           Lambard
           fol.
           122
           ,
           
             Tit.
             de
             Intestato
             Mortuis
             .
             Sive
             quis
             incuria
             ,
             sive
             morte
             repentina
             fuerit
             intestato
             Mortuus
             ,
             Dominus
             tamen
             nullam
             rerum
             suarum
             partem
             (
             praeter
             eam
             quae
             jure
             debetur
             Hereoti
             nomine
             )
             sibi
             assumito
             .
             Verùm
             eas
             Judicio
             suo
             Vxori
             ,
             Liberis
             ,
             &
             cognatione
             proximis
             ,
             justè
             (
             pro
             suo
             cuique
             jure
             )
             distribuito
             .
          
           Upon
           which
           we
           may
           observe
           these
           things
           .
        
         
           1
           st
           ,
           That
           the
           Wise
           had
           a
           share
           ,
           as
           well
           of
           Lands
           for
           her
           Dower
           ,
           as
           Goods
           .
        
         
         
           2ly
           ,
           That
           in
           reference
           to
           Hereditary
           Succession
           ,
           there
           then
           seemed
           to
           be
           little
           difference
           ,
           between
           Lands
           and
           Feuds
           ,
           for
           here
           is
           no
           distinction
           .
        
         
           3ly
           ,
           That
           there
           was
           a
           kind
           of
           settled
           right
           of
           Succession
           ,
           with
           reference
           to
           proximity
           and
           remoteness
           ,
           
             pro
             suo
             cuique
             jure
          
           .
        
         
           4ly
           ,
           That
           in
           reference
           to
           Children
           ,
           they
           seemed
           all
           to
           succeed
           alike
           ,
           without
           any
           distinction
           between
           the
           Males
           and
           Females
           .
        
         
         
           5ly
           ,
           That
           yet
           the
           Ancestor
           might
           dispose
           by
           his
           Will
           ,
           as
           well
           of
           Lands
           as
           Goods
           ,
           which
           usage
           seems
           to
           have
           obtained
           ,
           unto
           the
           time
           of
           H.
           2.
           as
           appears
           hereafter
           by
           Glanvil
           .
        
         
           3.
           
           It
           seems
           ,
           That
           until
           the
           Conquest
           ,
           the
           Descent
           of
           Lands
           was
           ,
           at
           least
           to
           all
           the
           Sons
           alike
           ,
           and
           ,
           for
           ought
           appears
           also
           ,
           to
           all
           the
           Daughters
           ,
           and
           that
           there
           was
           no
           difference
           in
           the
           Hereditary
           Transmission
           of
           Lands
           and
           Goods
           at
           least
           ,
           in
           reference
           to
           the
           Children
           .
           This
           appears
           ,
           by
           those
           Laws
           of
           King
           Edward
           ,
           
           confirmed
           by
           the
           Conquerer
           and
           recited
           in
           
             Lambard
             fol.
          
           167.
           and
           also
           by
           Mr.
           Selden
           upon
           
             Eadmerus
             ,
             Lege
             36.
             
             Tit.
             De
             Intestatorum
             bonis
          
           184.
           
           
             Siquis
             intestatus
             obierit
             ,
             Liberi
             ejus
             Haereditatem
             equaliter
             dividant
             .
          
        
         
           But
           this
           equal
           division
           of
           Inheritances
           among
           the
           Children
           ,
           was
           found
           to
           be
           very
           inconvenient
           .
        
         
           For
           First
           ,
           It
           weakned
           the
           Strength
           of
           the
           Kingdom
           ,
           for
           by
           frequent
           parcelling
           ,
           and
           subdividing
           of
           Inheritances
           in
           process
           of
           time
           ,
           Inheritances
           were
           so
           crumbled
           ,
           that
           there
           were
           few
           persons
           of
           able
           Estates
           ,
           left
           
           to
           undergo
           publick
           Charges
           or
           Offices
           .
        
         
           2ly
           ,
           It
           did
           by
           degrees
           ,
           bring
           the
           Inhabitants
           to
           a
           low
           kind
           of
           Country
           Living
           ,
           and
           Families
           were
           broken
           ,
           and
           the
           younger
           Sons
           ,
           which
           had
           they
           not
           had
           these
           little
           parcells
           of
           Land
           to
           apply
           themselves
           to
           ,
           would
           have
           betaken
           themselves
           either
           to
           Trades
           ,
           or
           Military
           ,
           or
           Civil
           ,
           or
           Ecclesiastical
           Imployments
           ,
           neglected
           those
           opportunities
           ,
           and
           applied
           themselves
           to
           their
           small
           dividends
           of
           Land
           ,
           whereby
           they
           neglected
           opportunities
           of
           greater
           advantage
           ,
           to
           enrich
           themselves
           
           and
           the
           Kingdom
           .
        
         
           And
           therefore
           ,
           William
           the
           Conqueror
           (
           having
           by
           his
           accession
           to
           the
           Crown
           ,
           gotten
           the
           Possessions
           and
           Demeans
           of
           the
           Crown
           ;
           and
           also
           ,
           very
           many
           and
           great
           possessions
           of
           them
           that
           opposed
           him
           ,
           or
           adhered
           to
           Harold
           )
           ;
           disposeth
           of
           these
           Lands
           ,
           or
           great
           part
           of
           them
           to
           his
           Countrymen
           ,
           and
           others
           that
           adhered
           to
           him
           ,
           and
           retained
           certain
           
             Honorary
             Tenures
          
           ,
           either
           by
           Baronage
           ,
           or
           in
           Knights
           Service
           ,
           or
           by
           Grand
           Serjeantry
           ,
           for
           the
           Defence
           of
           the
           Kingdom
           .
           And
           possibly
           also
           ,
           as
           the
           desire
           of
           many
           Owners
           ,
           
           changed
           their
           Tenures
           into
           Knights
           Service
           .
           Which
           Introduction
           of
           new
           Tenures
           ,
           was
           not
           nevertheless
           without
           consent
           of
           Parliament
           ,
           as
           appears
           by
           the
           additional
           Laws
           before
           mentioned
           ,
           That
           King
           William
           by
           the
           advice
           of
           Parliament
           made
           mention
           of
           by
           Mr.
           Selden
           ,
           upon
           Eadmerus
           pag.
           191
           ,
           among
           which
           this
           was
           one
           ,
           
             (
             viz.
             )
             Statuimus
             etiam
             &
             firmiter
             praecipimus
             ut
             omnes
             .
             Comites
             ,
             Barones
             ,
             Milites
             .
             &
             Servientes
             ,
             &
             universi
             Liberi
             homines
             totius
             Regni
             nostri
             ,
             habeant
             ,
             &
             teneant
             se
             semper
             in
             armis
             ,
             &
             in
             equis
             ,
             ut
             decet
             &
             oportet
             .
             Et
             quod
             sint
             semper
             prompti
             ,
             &
             bene
             parati
             
             ad
             servicium
             suum
             integrum
             nobis
             explendendum
             ,
             &
             peragendum
             ,
             cum
             semper
             opus
             affuerit
             ,
             secundum
             quod
             nobis
             de
             Feodis
             debent
             ,
             &
             Tenementis
             suis
             de
             jure
             facere
             .
             Et
             sicut
             illis
             statuimus
             ,
             per
             commune
             consilium
             totius
             Regni
             nostri
             &
             illis
             dedimus
             &
             concessimus
             in
             Feodo
             jure
             Haereditario
             .
          
           Whereby
           it
           appears
           ,
           that
           there
           were
           two
           kinds
           of
           Military
           Provisions
           ,
           one
           that
           was
           set
           upon
           all
           Freeholders
           ,
           by
           common
           consent
           of
           Parliament
           ,
           which
           was
           usually
           called
           
             Assiza
             Armorum
          
           ,
           and
           another
           that
           was
           Conventional
           ,
           and
           by
           Tenure
           upon
           the
           Infeudation
           of
           the
           Tenant
           ,
           which
           was
           called
           Knights
           Service
           ,
           
           and
           sometimes
           Royal
           ,
           and
           sometimes
           Foreign
           Service
           ,
           and
           sometimes
           
             Servicium
             Loricae
          
           .
        
         
           And
           hence
           it
           came
           to
           pass
           ,
           that
           (
           not
           only
           according
           to
           the
           Custom
           of
           Normandy
           ,
           but
           also
           according
           to
           the
           Custom
           of
           other
           Countries
           .
           )
           These
           
             Honorary
             Fees
          
           ,
           or
           Infeudations
           became
           descendable
           to
           the
           eldest
           ,
           and
           not
           to
           all
           the
           Males
           .
           And
           hence
           it
           is
           ,
           That
           in
           Kent
           ,
           where
           the
           Custom
           of
           Descent
           to
           all
           the
           Males
           ,
           generally
           prevails
           ;
           They
           pretend
           ,
           a
           concession
           of
           all
           their
           Customs
           by
           the
           Conqueror
           ,
           to
           obtain
           their
           Submission
           to
           his
           
           Government
           ,
           according
           to
           the
           Romantick
           Story
           of
           their
           moving
           Wood.
           Yet
           ,
           even
           in
           Kent
           it self
           ,
           these
           ancient
           Tenures
           or
           Fees
           ,
           that
           are
           anciently
           held
           by
           Knights
           Service
           ,
           are
           descendable
           to
           the
           eldest
           Son
           ,
           as
           Mr.
           Lambard
           hath
           observed
           to
           my
           hand
           ,
           in
           pag.
           553.
           out
           of
           the
           9th
           of
           
             H.
             3
             .
             Fitz
             Tit.
             Prescription
             63
             ,
             26
             H.
             8.5
             .
          
           and
           the
           Statute
           of
           
             31
             H.
             8.
             cap.
             3.
          
           
           But
           yet
           ,
           even
           in
           Kent
           it self
           ,
           If
           Gavelkind
           Land
           ,
           Escheat
           ,
           or
           come
           to
           the
           Crown
           by
           Attainder
           ,
           or
           Dissolution
           of
           Monasteries
           ,
           and
           be
           granted
           to
           be
           held
           in
           Knights
           Service
           ,
           or
           
             per
             Baroniam
          
           ,
           
           the
           Customary
           Descent
           is
           not
           changed
           ,
           neither
           can
           be
           ,
           but
           by
           Act
           of
           Parliament
           ,
           for
           it
           is
           a
           Custom
           fixed
           to
           the
           Land.
           
        
         
           But
           those
           Honorary
           Fees
           ,
           made
           in
           ancient
           times
           ,
           so
           shortly
           after
           the
           Conquest
           ,
           did
           silently
           ,
           and
           suddainly
           assume
           the
           Rule
           of
           Descent
           to
           the
           eldest
           ,
           and
           accordingly
           held
           it
           ;
           and
           so
           ,
           (
           although
           possibly
           there
           were
           no
           Act
           of
           Parliament
           of
           those
           elder
           times
           ,
           that
           altered
           the
           ancient
           course
           of
           Descents
           ,
           from
           all
           the
           Sons
           to
           the
           eldest
           ,
           or
           at
           least
           none
           that
           we
           know
           of
           ;
           yet
           ,
           )
           the
           use
           of
           the
           Neighbour
           Country
           ,
           might
           
           introduce
           the
           same
           Usage
           here
           ,
           as
           to
           these
           Honorary
           Possessions
           .
        
         
           And
           because
           these
           Honorary
           Inseudations
           were
           many
           ,
           and
           scattered
           almost
           through
           all
           the
           Kingdom
           in
           a
           little
           time
           ,
           they
           introduced
           a
           a
           parity
           in
           the
           Succession
           of
           Lands
           of
           other
           Tenures
           ,
           as
           Soccage
           or
           Vavasories
           .
           So
           that
           without
           question
           ,
           by
           little
           and
           little
           almost
           generally
           in
           all
           Counties
           of
           England
           (
           except
           Kent
           ,
           who
           were
           most
           Tenacious
           of
           their
           own
           Customs
           ,
           in
           which
           they
           gloried
           ,
           and
           some
           particular
           Fees
           ,
           and
           Places
           where
           a
           contrary
           Usage
           prevailed
           )
           the
           generality
           
           of
           Descents
           or
           Successions
           by
           little
           and
           little
           ,
           as
           well
           of
           Soccage
           Lands
           ,
           as
           of
           Knights
           Service
           ,
           went
           to
           the
           eldest
           Son
           ,
           according
           to
           the
           Declaration
           of
           King
           Edward
           the
           first
           ,
           in
           the
           Statute
           of
           Wales
           abovementioned
           ,
           as
           will
           more
           fully
           appear
           by
           what
           follows
           .
        
         
           In
           the
           time
           of
           
             H.
             1.
             
             Lambard
          
           fol.
           203.
           we
           find
           in
           his
           70th
           Law
           ,
           that
           it
           should
           seem
           ,
           that
           the
           whole
           Land
           did
           not
           yet
           descend
           to
           the
           eldest
           Son
           ,
           but
           began
           a
           little
           to
           look
           that
           way
           .
           
             Primum
             patris
             Feudum
             primogenitus
             filius
             habeat
             .
          
           As
           to
           Collateral
           Descents
           ,
           the
           Law
           determined
           
           thus
           ,
           
             Lambard
             ut
             supra
             .
             Siquis
             sine
             liberis
             decesserit
             ,
             Pater
             out
             mater
             ejus
             in
             Haereditatem
             succedat
             ;
             vel
             frater
             vel
             soror
             si
             pater
             &
             mater
             desint
             ;
             si
             nec
             hos
             hàbeat
             ,
             soror
             Patris
             vel
             Matris
             ,
             &
             deinceps
             in
             quintum
             geniculum
             ;
             qui
             cum
             propinquiores
             in
             parentela
             ,
             fiunt
             ,
             Haereditario
             jure
             succedant
             ;
             &
             dum
             virilis
             Sexus
             extiterit
             ,
             &
             Haereditas
             abinde
             fit
             ,
             foeminina
             non
             Haereditetur
             .
          
           By
           this
           it
           seems
           .
        
         
           1.
           
           The
           eldest
           Son
           (
           though
           he
           had
           
             Jus
             Primogeniturae
          
           ,
           the
           principal
           Fee
           of
           his
           Father
           ,
           yet
           )
           he
           carried
           not
           all
           the
           Land.
           
        
         
         
           2.
           
           That
           for
           want
           of
           Children
           the
           Father
           or
           Mother
           ,
           inherited
           ,
           before
           the
           Brother
           or
           Sister
           .
        
         
           3.
           
           That
           for
           want
           of
           Children
           ,
           Father
           ,
           Mother
           ,
           Brothers
           and
           Sisters
           ,
           the
           Lands
           decended
           to
           the
           Uncles
           and
           Aunts
           ,
           to
           the
           Fifth
           Degree
           .
        
         
           4.
           
           That
           in
           Succession
           Collateral
           Proximity
           of
           Kindred
           was
           preferred
           .
        
         
           5.
           
           That
           the
           Male
           was
           preferred
           before
           the
           Female
           ;
           That
           is
           ,
           the
           Father's
           Line
           was
           preferred
           before
           
           the
           Mothers
           ,
           unless
           the
           Land
           descended
           from
           the
           Mother
           ,
           and
           then
           the
           Mothers
           Line
           was
           to
           be
           preferred
           .
        
         
           How
           this
           Law
           was
           observed
           in
           the
           Intervals
           ,
           between
           Henry
           the
           first
           ,
           and
           Henry
           the
           second
           ,
           we
           can
           give
           no
           account
           .
           But
           the
           next
           period
           that
           we
           come
           to
           ,
           is
           Henry
           the
           
             2d
             .
             Glanvil
          
           in
           his
           seventh
           Book
           ,
           gives
           us
           some
           account
           how
           the
           Law
           stood
           in
           his
           time
           ,
           wherein
           ,
           notwithstanding
           it
           will
           appear
           ,
           there
           was
           some
           incertainty
           in
           the
           business
           of
           Descents
           ,
           or
           Hereditary
           Successions
           ,
           though
           it
           was
           
           much
           better
           polited
           than
           formerly
           .
        
         
           The
           Rules
           then
           of
           Succession
           were
           either
           in
           reference
           to
           Goods
           or
           Lands
           .
           As
           to
           Goods
           ,
           one
           third
           part
           went
           to
           the
           Wife
           ,
           another
           third
           part
           to
           the
           Children
           ,
           the
           other
           third
           part
           to
           the
           Testator's
           disposal
           ;
           But
           if
           he
           had
           no
           Wife
           ,
           a
           Moiety
           went
           to
           the
           Children
           ,
           the
           other
           Moiety
           to
           his
           disposal
           ,
           
             Glan
             .
             lib.
             7.
             c.
             5.
             
          
           But
           as
           to
           the
           Succession
           of
           Lands
           ,
           the
           Rules
           were
           these
           :
           1
           st
           ,
           If
           the
           Lands
           were
           Knights
           Service
           ,
           they
           generally
           went
           to
           the
           eldest
           Son
           ;
           and
           in
           case
           of
           no
           Son
           ,
           
           to
           all
           the
           Daughters
           ;
           and
           in
           case
           of
           no
           Children
           ,
           to
           the
           eldest
           Brother
           .
        
         
           2ly
           ,
           If
           the
           Lands
           were
           Socage
           ,
           it
           descended
           to
           all
           the
           Sons
           ,
           
             Si
             fuerit
             Socagium
             &
             id
             antiquitus
             divisum
             ,
          
           only
           the
           chief
           House
           was
           to
           be
           allotted
           to
           the
           Pourparty
           of
           the
           eldest
           ,
           and
           a
           Compensation
           made
           to
           the
           rest
           in
           lieu
           thereof
           .
           
             Si
             vero
             non
             fuerit
             antiquitus
             Divisum
             ,
             tunc
             Primogenitus
             ,
             secundum
             quorundam
             consuetudinem
             totam
             Haereditatem
             obtinebit
             ,
             secundum
             autem
             quorundam
             consuetudinem
             postnatus
             silius
             Haeres
             est
             ,
             Glanvil
             lib.
             7.
             cap.
             3.
             
          
           So
           that
           although
           
           Custom
           directed
           variously
           the
           Descent
           ,
           either
           to
           the
           eldest
           ,
           youngest
           ,
           or
           all
           the
           Sons
           ;
           Yet
           ,
           it
           seems
           at
           this
           time
           
             Jus
             commune
          
           ,
           or
           Common
           right
           spoke
           for
           the
           eldest
           Son
           to
           be
           Heir
           ,
           no
           Custom
           intervening
           .
        
         
           3ly
           ,
           As
           the
           Son
           ,
           or
           Daughter
           ,
           so
           their
           Children
           
             in
             infinitum
          
           are
           preferred
           in
           the
           Descent
           before
           the
           Collateral
           Line
           ,
           or
           Uncles
           .
        
         
           4ly
           ,
           But
           if
           a
           Man
           have
           two
           Sons
           ,
           and
           the
           eldest
           dies
           in
           the
           life
           time
           of
           the
           Father
           ,
           having
           a
           Son
           or
           Daughter
           ,
           and
           then
           the
           
           Father
           dies
           ;
           it
           was
           then
           controverted
           ,
           whether
           the
           Son
           ,
           or
           the
           Nephew
           should
           succeed
           the
           Father
           ,
           though
           the
           better
           Opinion
           seemed
           to
           be
           for
           the
           Nephew
           ,
           
             Ibid.
             cap.
             3.
          
           
        
         
           5ly
           ,
           A
           Bastard
           could
           not
           Inherit
           ,
           
             ibid.
             cap.
          
           13
           And
           although
           by
           the
           Common
           and
           Civil
           Law
           ,
           If
           A.
           hath
           a
           Son
           born
           of
           B.
           before
           Marriage
           ,
           and
           after
           A.
           Marries
           B.
           this
           Son
           be
           Legitimate
           and
           Hereditable
           :
           Yet
           according
           to
           the
           Law
           of
           England
           then
           used
           ,
           as
           well
           as
           after
           ,
           he
           was
           not
           Hereditable
           ,
           
             Glan
             .
             lib.
             7.
             cap.
             15.
             
          
        
         
         
           6ly
           ,
           In
           case
           the
           Purchaser
           die
           without
           Issue
           ,
           the
           Lands
           descended
           to
           the
           Brother
           ,
           and
           for
           want
           of
           Brothers
           to
           the
           Sisters
           ,
           and
           for
           want
           of
           them
           to
           the
           Children
           of
           the
           Brothers
           or
           Sisters
           ,
           and
           for
           want
           of
           them
           to
           the
           Uncles
           ,
           and
           so
           onwards
           according
           to
           the
           Rules
           of
           Descents
           at
           this
           day
           ;
           and
           the
           Father
           and
           Mother
           were
           not
           immediately
           to
           Inherit
           the
           Son
           ,
           but
           the
           Brothers
           or
           Uncles
           ,
           and
           their
           Children
           ,
           
             Glan
             .
             lib.
             7.
             cap.
             4.
             
          
        
         
         
           And
           it
           seems
           ,
           that
           in
           all
           things
           else
           the
           Rule
           of
           Descent
           ,
           in
           reference
           to
           the
           Collateral
           Line
           ,
           held
           much
           the
           same
           as
           now
           :
           As
           namely
           ,
           If
           Land
           descended
           of
           the
           part
           of
           the
           Father
           ,
           it
           should
           not
           resort
           to
           the
           part
           of
           the
           Mother
           ,
           &
           
             è
             converso
          
           ;
           But
           in
           case
           of
           Purchase
           ,
           for
           want
           of
           Heirs
           of
           the
           part
           of
           the
           Father
           ,
           it
           resorted
           to
           the
           Line
           of
           the
           Mother
           ,
           and
           the
           nearer
           and
           worthier
           Blood
           was
           preferred
           ,
           so
           that
           if
           there
           were
           any
           of
           the
           part
           of
           the
           Father
           ,
           though
           never
           so
           far
           distant
           ,
           it
           hindered
           the
           descent
           to
           the
           Line
           of
           the
           
           Mother
           ,
           though
           much
           nearer
           .
        
         
           There
           were
           in
           those
           times
           as
           it
           seems
           two
           Impediments
           of
           Descent
           ,
           or
           Hereditary
           Succession
           which
           now
           do
           not
           at
           all
           obtain
           .
        
         
           1.
           
           Leprosie
           ,
           if
           so
           adjudged
           by
           the
           Sentence
           of
           the
           Church
           ,
           this
           indeed
           I
           find
           not
           in
           Glanvil
           ,
           but
           I
           find
           it
           pleaded
           ,
           and
           allowed
           in
           the
           time
           of
           King
           Jolin
           ,
           and
           the
           Land
           adjudged
           to
           the
           Sister
           ,
           P.
           4.
           
           Johannis
           .
        
         
         
           2.
           
           There
           was
           another
           curiosity
           ,
           and
           it
           is
           wonderful
           to
           see
           how
           much
           ,
           and
           how
           long
           it
           prevailed
           ,
           for
           we
           find
           it
           in
           use
           in
           Glanvil
           ,
           that
           wrote
           in
           King
           
             Hen.
             2d's
          
           time
           ;
           in
           Bracton
           ,
           that
           wrote
           in
           
             Hen.
             3d's
          
           time
           ;
           in
           Fleta
           ,
           that
           wrote
           in
           the
           time
           of
           Ed.
           1.
           and
           in
           the
           broken
           year
           Ed.
           1.
           
           Fitz.
           Avowry
           235.
           
           
             Nemo
             potest
             esse
             Tenens
             &
             Dominus
             &
             Homagium
             repellit
             perquisitum
             .
          
           And
           therefore
           ,
           if
           the
           eldest
           Brother
           had
           enfeoffed
           the
           second
           reserving
           Homage
           ,
           and
           had
           received
           Homage
           ,
           and
           then
           the
           second
           had
           died
           without
           Issue
           ,
           
           it
           should
           have
           descended
           to
           the
           youngest
           ,
           and
           not
           to
           the
           eldest
           Brother
           ;
           
             quia
             Homagium
             epellit
             perquisitum
          
           ,
           tee
           for
           this
           that
           I
           may
           mention
           it
           once
           for
           all
           ,
           
             Glan
             .
             lib.
             7.
             cap.
             1.
             
             Bra.
             lib.
             2.
             cap.
             30.
             
             Fleta
             lib.
             6.
             cap.
             1.
             
          
           And
           so
           it
           has
           been
           for
           ought
           I
           can
           find
           ever
           since
           
             3
             Ed.
             1.
          
           and
           indeed
           it
           is
           antiquated
           rather
           than
           altered
           ,
           and
           the
           Fancy
           upon
           which
           it
           is
           grounded
           hath
           appeared
           trivial
           ;
           for
           if
           the
           eldest
           Brother
           enfeoff
           the
           second
           reserving
           Homage
           ,
           the
           second
           dying
           without
           Issue
           ,
           it
           will
           Descend
           to
           the
           eldest
           as
           Heir
           ,
           and
           the
           Seignioury
           
           is
           extinct
           .
           Indeed
           it
           might
           have
           been
           some
           Reason
           to
           have
           examined
           ,
           whether
           he
           might
           not
           have
           waved
           the
           Descent
           ,
           in
           case
           his
           Services
           had
           been
           more
           beneficial
           than
           the
           Land
           ;
           but
           there
           could
           be
           little
           Reason
           for
           this
           to
           exclude
           him
           from
           Succession
           .
           I
           shall
           mention
           no
           more
           of
           this
           nor
           the
           former
           Impediment
           ,
           (
           viz.
           )
           Leprosie
           ,
           for
           they
           are
           both
           vanished
           ,
           and
           antiquated
           long
           since
           ,
           and
           neither
           the
           one
           nor
           the
           other
           is
           at
           this
           day
           any
           impediment
           of
           Descent
           .
        
         
         
           And
           now
           passing
           over
           the
           time
           of
           King
           John
           ,
           and
           Richard
           the
           first
           ,
           because
           I
           find
           nothing
           of
           moment
           in
           that
           time
           relating
           to
           the
           Title
           in
           question
           ,
           unless
           the
           usurpation
           of
           King
           John
           upon
           his
           eldest
           Brothers
           Son
           ,
           which
           he
           would
           fain
           have
           justified
           ,
           by
           introducing
           a
           Law
           of
           preferring
           the
           younger
           Son
           before
           the
           Nephew
           ,
           descended
           from
           the
           eldest
           Brother
           :
           But
           this
           pretention
           could
           no
           ways
           justifie
           his
           Usurpation
           ,
           as
           hath
           been
           shewn
           in
           the
           time
           of
           Henry
           the
           Second
           .
        
         
         
           We
           have
           the
           Tractate
           of
           
             Bracton
             lib.
             2.
             cap.
          
           30
           ,
           31.
           and
           lib.
           5.
           
           The
           truth
           is
           ,
           there
           is
           so
           little
           variance
           as
           to
           the
           Points
           of
           Descents
           ,
           between
           the
           Law
           as
           it
           was
           taken
           when
           Bracton
           wrote
           ,
           and
           the
           Law
           as
           it
           was
           afterwards
           taken
           in
           Edward
           the
           first
           's
           time
           ,
           when
           Britton
           and
           Fleta
           wrote
           ,
           that
           there
           is
           very
           little
           difference
           between
           them
           as
           may
           easily
           appear
           ,
           especially
           by
           comparing
           of
           
             Bract.
             ubi
             supra
          
           and
           
             Fleta
             Lib.
             5.
             
             Chapter
          
           the
           
             9th
             ,
             Liber
          
           the
           
             6th
             ,
             Chapters
          
           the
           1
           st
           and
           2d
           ,
           that
           the
           latter
           seems
           to
           be
           in
           effect
           an
           Abstract
           of
           the
           former
           ,
           therefore
           I
           shall
           set
           down
           
           what
           in
           substance
           both
           say
           ,
           and
           thereby
           it
           will
           appear
           ,
           that
           the
           Rules
           of
           Descents
           in
           the
           times
           of
           Henry
           the
           3d
           ,
           and
           Edward
           the
           1
           st
           ,
           were
           very
           much
           one
           .
        
         
           1
           st
           ,
           The
           Law
           seems
           settled
           now
           unquestionably
           ,
           that
           the
           eldest
           Son
           was
           in
           Common
           right
           Heir
           ,
           not
           only
           in
           cases
           of
           Knights
           Service
           Land
           ,
           but
           also
           of
           
             Soccage
             Lands
          
           ,
           unless
           there
           was
           a
           Special
           Custom
           to
           the
           contrary
           ,
           as
           in
           Kent
           and
           some
           other
           places
           ,
           and
           so
           that
           Point
           of
           the
           Common
           Law
           is
           fully
           settled
           .
        
         
         
           2ly
           ,
           That
           all
           the
           Descendants
           
             in
             infinitum
          
           ,
           from
           any
           Person
           that
           had
           been
           Heir
           (
           if
           he
           had
           been
           living
           )
           were
           Inheritable
           :
           As
           the
           Descendants
           of
           the
           Son
           ,
           of
           the
           Brother
           ,
           of
           the
           Uncle
           ,
           &
           c.
           
        
         
           3ly
           ,
           That
           the
           eldest
           Son
           dying
           in
           the
           life
           time
           of
           the
           Father
           ,
           his
           Son
           or
           Issue
           was
           to
           have
           the
           preference
           as
           Heir
           to
           the
           Father
           before
           the
           younger
           Brother
           ,
           and
           so
           the
           doubt
           in
           Glanvil's
           time
           was
           settled
           ,
           
             Glan
             .
             lib.
             7.
             cap.
             3.
             
             Cum
             quis
             autem
             moriatur
             habens
             filium
             postnatum
             &
             ex
             Primogenito
             
             filio
             praemorturo
             Nepotem
             ,
             magna
             quidem
             Juris
             dubitatio
             solet
             esse
             ,
             uter
             illorum
             praeferendus
             sit
             alij
             in
             illa
             Successione
             ;
             scilicet
             utrum
             Filius
             an
             nepos
             .
          
        
         
           4ly
           ,
           The
           Father
           ,
           or
           Grandfather
           could
           not
           by
           Law
           Inherit
           immediately
           his
           Son.
           
        
         
           5ly
           ,
           Leprosie
           ,
           though
           it
           were
           an
           exception
           to
           the
           Plaintiff
           ,
           because
           he
           ought
           not
           to
           converse
           in
           the
           Courts
           of
           Law
           ,
           yet
           we
           no
           where
           find
           ,
           that
           it
           was
           an
           Impediment
           of
           Descent
           .
        
         
         
           So
           that
           upon
           the
           whole
           matter
           for
           any
           thing
           I
           can
           observe
           in
           them
           ,
           the
           Rules
           of
           Descent
           then
           stood
           settled
           in
           all
           Points
           as
           they
           are
           at
           this
           day
           ,
           except
           those
           few
           matters
           which
           yet
           in
           process
           of
           time
           soon
           settled
           as
           they
           now
           stand
           ,
           (
           viz.
           )
        
         
           1.
           
           That
           Impediments
           of
           the
           hinderance
           of
           Descent
           ,
           from
           him
           that
           did
           Homage
           ,
           to
           him
           that
           received
           it
           ,
           seems
           to
           have
           yet
           been
           in
           use
           ,
           at
           least
           till
           the
           3
           Ed.
           1.
           and
           in
           Fleta's
           time
           ,
           for
           he
           puts
           the
           case
           and
           admits
           it
           .
        
         
         
           Whereas
           they
           both
           agree
           that
           Half-blood
           to
           him
           who
           is
           the
           Purchaser
           ,
           is
           an
           Impediment
           of
           the
           Descent
           ;
           yet
           in
           case
           of
           a
           Descent
           from
           a
           Common
           Ancestor
           ,
           Half-blood
           is
           no
           Impediment
           .
           For
           instance
           ;
           A.
           hath
           Issue
           B.
           a
           Son
           ,
           and
           C.
           a
           Daughter
           by
           one
           venter
           ,
           and
           D.
           a
           Son
           by
           another
           venter
           ,
           if
           B.
           Purchase
           in
           Fee
           ,
           and
           die
           without
           Issue
           ,
           it
           shall
           descend
           to
           the
           Sister
           ,
           and
           not
           to
           the
           Brother
           of
           the
           Half-blood
           :
           But
           if
           the
           Land
           had
           descended
           from
           A.
           to
           B.
           and
           he
           had
           entred
           and
           died
           without
           issue
           ;
           
           it
           was
           a
           doubt
           in
           the
           time
           of
           Bracton
           and
           Britton
           ,
           whether
           it
           should
           go
           to
           the
           younger
           Son
           ,
           or
           the
           Daughter
           ,
           but
           though
           it
           were
           then
           a
           doubt
           ,
           yet
           the
           Law
           hath
           since
           that
           time
           been
           settled
           ,
           that
           in
           both
           cases
           it
           descends
           to
           the
           Daughter
           ,
           
             Seseina
             sacit
             Stirpem
             &
             primum
             gradum
             ,
             &
             possessio
             fratris
             de
             feodo
             simplici
             facit
             sororem
             esse
             haeredem
             .
          
        
         
           Upon
           the
           whole
           matter
           it
           seems
           ,
           that
           abating
           these
           small
           inconsiderable
           variances
           ,
           the
           States
           and
           Rules
           of
           Descents
           as
           they
           stood
           ,
           in
           the
           time
           of
           Henry
           the
           third
           ,
           or
           at
           least
           of
           Edward
           
           the
           first
           ,
           were
           reduced
           to
           their
           full
           Complement
           and
           Perfection
           ,
           and
           vary
           nothing
           considerably
           ,
           from
           what
           they
           are
           at
           this
           day
           ,
           and
           have
           continued
           ever
           since
           that
           time
           .
        
         
           I
           shall
           therefore
           set
           down
           the
           State
           ,
           and
           Rules
           of
           Descents
           in
           Fee-simple
           as
           they
           stand
           at
           this
           day
           ,
           without
           medling
           with
           particular
           Limitations
           and
           Entails
           ,
           which
           vary
           the
           course
           of
           Descents
           in
           some
           cases
           from
           the
           Common
           Rules
           of
           Descents
           in
           Hereditary
           Succession
           ,
           and
           herein
           we
           shall
           see
           what
           the
           Law
           hath
           been
           ,
           and
           
           continued
           touching
           the
           same
           ever
           since
           Bracton
           ,
           who
           wrote
           in
           Henry
           the
           third's
           time
           ,
           now
           above
           Four
           hundred
           years
           since
           ,
           and
           by
           that
           we
           shall
           see
           what
           alterations
           succession
           of
           time
           hath
           made
           therein
           .
        
         
           And
           now
           to
           give
           a
           short
           Scheme
           of
           the
           Rules
           of
           Descents
           ,
           or
           Hereditary
           Successions
           of
           the
           Lands
           of
           Subjects
           ,
           as
           the
           Law
           stands
           at
           this
           day
           ,
           and
           hath
           stood
           settled
           here
           for
           above
           Four
           hundred
           years
           .
        
         
           All
           possible
           Hereditary
           Succession
           may
           be
           distinguished
           into
           these
           three
           kinds
           :
           
           1
           st
           ,
           Descending
           ,
           as
           from
           Father
           to
           Son
           ,
           or
           Daughter
           ,
           to
           Nephew
           ,
           or
           Niece
           .
        
         
           2ly
           ,
           Collateral
           ,
           as
           from
           Brother
           to
           Brother
           ,
           or
           Sister
           and
           Brothers
           Children
           .
        
         
           3ly
           ,
           Ascending
           ,
           either
           direct
           ,
           as
           from
           Son
           to
           Father
           ,
           or
           Grand-father
           which
           is
           not
           admitted
           by
           the
           Laws
           of
           England
           ;
           or
           in
           the
           Transversal
           Line
           ,
           as
           to
           the
           Uncle
           or
           Aunt
           ,
           Great
           Uncle
           ,
           or
           Great
           Aunt
           ,
           and
           because
           this
           Line
           again
           divides
           it self
           into
           the
           Line
           of
           the
           Father
           and
           Mother
           ,
           this
           Transversal
           ascending
           Succession
           is
           either
           in
           the
           Line
           of
           the
           Father
           ,
           Grandfather
           ,
           &
           c.
           or
           in
           the
           Line
           
           
           
           
           of
           the
           Mother
           ,
           GrandMother
           ,
           &
           c.
           the
           former
           are
           called
           Agnati
           ,
           the
           latter
           Cognati
           ,
           I
           shall
           therefore
           set
           down
           a
           Scheme
           of
           Pedigrees
           ,
           to
           explain
           the
           nature
           of
           Descents
           ,
           or
           Hereditary
           Successions
           .
        
         
           Pedigree
           .
        
         
           THis
           Pedigree
           with
           its
           Application
           will
           give
           a
           plain
           account
           of
           all
           Hereditary
           Succession
           ,
           under
           their
           several
           Cases
           and
           Limitations
           ,
           as
           will
           appear
           by
           these
           ensuing
           Rules
           ,
           take
           our
           Mark
           or
           Epocha
           from
           the
           Father
           .
        
         
         
           
             1
             Rule
          
           ,
           In
           Descents
           the
           Law
           preferrs
           the
           Worthiest
           Blood
           ;
           and
           upon
           this
           Account
           .
        
         
           1
           st
           ,
           In
           all
           Descents
           immediately
           the
           Male
           is
           preferred
           before
           the
           Female
           ,
           whether
           in
           Successions
           ,
           Descending
           ,
           Ascending
           or
           Collateral
           ;
           therefore
           the
           Son
           Inherits
           and
           Excludes
           the
           Daughter
           ,
           the
           Brother
           is
           preferred
           before
           the
           Sister
           ,
           the
           Uncle
           before
           the
           Aunt
           .
        
         
           2ly
           ,
           In
           all
           Descents
           immediate
           ,
           the
           Descendants
           from
           Males
           are
           preferred
           before
           
           the
           Descendants
           from
           Females
           ;
           and
           hence
           it
           is
           ,
           that
           the
           Daughter
           of
           the
           eldest
           Son
           ,
           is
           preferred
           in
           Descent
           from
           the
           Father
           ,
           before
           the
           Son
           of
           the
           youngest
           Son
           ,
           the
           Daughter
           of
           the
           eldest
           Brother
           or
           Uncle
           is
           preferred
           before
           the
           Son
           of
           the
           younger
           ;
           the
           Uncle
           ,
           nay
           the
           Great
           Uncle
           ,
           or
           Great
           Grand-fathers
           Brother
           shall
           Inherit
           before
           the
           Uncle
           of
           the
           Mothers
           side
           .
        
         
           
             2
             Rule
          
           ,
           That
           in
           Descents
           ,
           the
           next
           of
           Blood
           is
           preferred
           before
           the
           Remote
           ,
           though
           equally
           worthy
           ;
           and
           upon
           this
           account
           .
        
         
         
           1
           st
           ,
           The
           Sister
           of
           the
           whole
           Blood
           ,
           is
           preferred
           in
           Descents
           before
           the
           Brother
           of
           the
           half
           Blood
           ,
           because
           more
           strictly
           joyned
           to
           the
           Brother
           of
           the
           whole
           Blood
           ,
           (
           viz.
           by
           the
           Father
           and
           Mother
           )
           than
           the
           Brother
           ,
           though
           otherwise
           more
           worthy
           of
           the
           half
           Blood.
           
        
         
           2ly
           ,
           Because
           the
           Son
           ,
           or
           Daughter
           is
           nearer
           than
           the
           Brother
           ,
           the
           Brother
           or
           Sister
           than
           the
           Uncle
           ,
           the
           Son
           or
           Daughter
           shall
           Inherit
           before
           the
           Brother
           or
           Sister
           ,
           and
           they
           before
           the
           Uncle
           .
        
         
         
           3ly
           ,
           That
           yet
           the
           Father
           or
           Grand-father
           ,
           or
           Mother
           or
           Grand-mother
           in
           a
           direct
           ascending
           Line
           ,
           shall
           never
           succeed
           immediately
           ,
           the
           Son
           or
           Grand-child
           :
           But
           the
           Fathers
           Brother
           shall
           be
           preferred
           before
           the
           Father
           ,
           and
           the
           Grand-fathers
           Brother
           ,
           shall
           be
           preferred
           before
           the
           Grand-father
           ,
           and
           yet
           upon
           a
           strict
           account
           ,
           the
           Father
           is
           nearer
           of
           Blood
           to
           the
           Son
           than
           the
           Uncle
           ,
           yea
           than
           the
           Brother
           ;
           for
           the
           Brother
           is
           therefore
           of
           the
           Blood
           of
           the
           Brother
           ,
           because
           both
           derive
           from
           the
           same
           Parent
           ,
           
           the
           Common
           Fountain
           of
           both
           their
           Blood.
           And
           upon
           this
           account
           ,
           the
           Father
           is
           at
           this
           day
           preferred
           in
           the
           Administration
           of
           his
           Sons
           Goods
           ,
           before
           his
           Sons
           Brother
           of
           the
           whole
           Blood
           ,
           and
           a
           Remainder
           limited
           
             Proximo
             de
             Sanguine
          
           shall
           vest
           in
           the
           Uncle
           .
        
         
           
             3
             Rule
          
           ,
           That
           all
           the
           Descendants
           from
           such
           a
           Person
           ,
           as
           by
           the
           Law
           of
           England
           ,
           might
           have
           been
           Heir
           to
           another
           ,
           hold
           the
           same
           right
           by
           Representation
           ,
           as
           that
           Common
           Root
           ,
           from
           whom
           they
           are
           Descended
           .
           And
           therefore
           ,
        
         
         
           1
           st
           ,
           They
           are
           in
           Law
           in
           the
           same
           Right
           of
           Proximity
           and
           Worthiness
           of
           Blood
           ,
           as
           their
           Root
           that
           might
           have
           been
           Heir
           ,
           was
           in
           case
           he
           had
           been
           living
           :
           And
           hence
           it
           is
           ,
           That
           the
           Son
           or
           Grand-child
           ,
           whether
           Son
           or
           Daughter
           of
           the
           eldest
           Son
           ,
           succeeds
           before
           the
           youngest
           Son.
           The
           Son
           or
           Grand-child
           of
           the
           eldest
           Brother
           ,
           succeeds
           before
           the
           youngest
           Brother
           ,
           and
           so
           in
           all
           Degrees
           of
           Succession
           by
           the
           right
           of
           Representation
           ,
           the
           right
           of
           Proximity
           ,
           is
           transferred
           from
           the
           Root
           to
           the
           Branches
           ,
           and
           gives
           
           them
           the
           same
           preference
           as
           next
           ,
           or
           Worthiest
           of
           Blood.
           
        
         
           2ly
           ,
           This
           Right
           transferred
           by
           Representation
           ,
           is
           infinite
           and
           unlimited
           in
           the
           Degrees
           of
           those
           that
           descend
           from
           the
           Representer
           ;
           the
           Filius
           ,
           the
           
             Nepos
             ,
             Pronepos
             ,
             Abnepos
          
           ,
           and
           so
           
             in
             infinitum
          
           ,
           enjoy
           the
           same
           Privilege
           of
           Representation
           ,
           as
           those
           from
           whom
           they
           derive
           their
           Pedigree
           ,
           as
           well
           in
           Descents
           Lineal
           as
           Transversal
           ;
           and
           therefore
           the
           Abnepos
           ,
           or
           Abneptis
           of
           the
           eldest
           Brother
           ,
           whether
           it
           be
           Son
           or
           Daughter
           ,
           shall
           be
           preferred
           
           before
           the
           youngest
           Brother
           ,
           because
           ,
           though
           the
           Female
           be
           less
           worthy
           than
           the
           Male
           ;
           yet
           she
           stands
           in
           right
           of
           Representation
           of
           the
           eldest
           Brother
           ,
           who
           was
           more
           worthy
           than
           the
           youngest
           .
        
         
           3ly
           ,
           And
           upon
           this
           account
           it
           is
           ,
           That
           if
           a
           Man
           hath
           two
           Daughters
           ,
           and
           the
           eldest
           die
           in
           the
           Life
           of
           the
           Father
           ,
           leaving
           six
           Daughters
           ,
           and
           then
           the
           Father
           dies
           ,
           the
           youngest
           Daughter
           shall
           have
           an
           equal
           share
           to
           all
           the
           rest
           ,
           because
           they
           stand
           in
           Representation
           of
           their
           
           Mother
           ,
           who
           should
           have
           had
           but
           a
           Moiety
           .
        
         
           
             4th
             Rule
          
           ,
           That
           by
           the
           Laws
           of
           England
           ,
           without
           a
           Special
           Custom
           to
           the
           contrary
           ,
           the
           eldest
           Son
           or
           Brother
           ,
           or
           Uncle
           excludes
           the
           younger
           ,
           and
           the
           Males
           in
           an
           equal
           Degree
           do
           not
           all
           Inherit
           :
           But
           the
           Daughters
           whether
           by
           the
           same
           ,
           or
           divers
           venters
           do
           Inherit
           together
           ,
           the
           Father
           and
           all
           the
           Sisters
           do
           Inherit
           ,
           the
           Brother
           by
           the
           same
           venter
           .
        
         
         
           
             5th
             Rule
          
           ,
           That
           the
           last
           actual
           Seizin
           in
           any
           Ancestor
           ,
           makes
           him
           as
           it
           were
           the
           Root
           of
           the
           Descent
           equal
           to
           many
           Intents
           ,
           as
           if
           he
           had
           been
           a
           Purchaser
           ;
           and
           therefore
           ,
           he
           that
           cannot
           according
           to
           the
           Rules
           of
           Descent
           derive
           his
           Succession
           to
           him
           ,
           who
           was
           last
           actually
           seized
           ,
           though
           he
           might
           have
           derived
           his
           Succession
           to
           some
           precedent
           Ancestor
           shall
           not
           Inherit
           .
           And
           hence
           it
           is
           ,
           That
           where
           Lands
           descend
           to
           the
           eldest
           Son
           from
           the
           Father
           ,
           and
           the
           Son
           enters
           and
           dies
           without
           Issue
           ,
           his
           Sister
           of
           the
           whole
           Blood
           
           shall
           Inherit
           as
           Heir
           to
           the
           Brother
           ,
           and
           not
           the
           younger
           Son
           of
           the
           half
           Blood
           ,
           because
           he
           cannot
           be
           Heir
           to
           the
           Brother
           of
           the
           half
           Blood.
           But
           if
           the
           eldest
           Son
           had
           survived
           the
           Father
           ,
           and
           died
           before
           Entry
           ,
           the
           youngest
           Son
           should
           Inherit
           as
           Heir
           to
           the
           Father
           and
           not
           the
           Sister
           ,
           because
           he
           is
           Heir
           to
           Father
           ,
           that
           was
           last
           actually
           seized
           .
           And
           hence
           it
           is
           ,
           that
           though
           the
           Uncle
           is
           preferred
           before
           the
           Father
           in
           Descent
           to
           the
           Son
           ;
           yet
           if
           the
           Uncle
           enter
           after
           the
           Death
           of
           the
           Son
           ,
           and
           die
           without
           Issue
           ,
           the
           Father
           shall
           Inherit
           
           the
           Uncle
           ,
           
             Quia
             Seisina
             sacit
             Stirpem
          
           .
        
         
           
             6th
             Rule
          
           ,
           That
           whosoever
           derives
           a
           Title
           to
           any
           Land
           ,
           must
           be
           of
           the
           Blood
           of
           him
           that
           first
           purchased
           it
           .
           And
           this
           is
           the
           Reason
           why
           ,
           if
           the
           Son
           purchase
           Lands
           and
           dies
           without
           Issue
           ,
           it
           shall
           descend
           to
           the
           Heirs
           of
           the
           part
           of
           his
           Father
           ,
           and
           if
           he
           hath
           none
           ,
           then
           to
           the
           Heirs
           of
           the
           part
           of
           his
           Mother
           ,
           because
           tho'
           the
           Son
           hath
           both
           the
           Blood
           of
           the
           Father
           and
           of
           the
           Mother
           in
           him
           ,
           yet
           he
           is
           of
           the
           Blood
           of
           the
           Mother
           ,
           and
           the
           Consanguinei
           of
           the
           Mother
           are
           
           
             Consanguinei
             cognati
          
           of
           the
           Son.
           And
           of
           the
           other
           side
           ,
           if
           the
           Father
           had
           purchased
           the
           Land
           ,
           and
           it
           had
           descended
           to
           the
           Son
           ,
           and
           the
           Son
           had
           died
           without
           Issue
           ,
           without
           any
           Heir
           of
           the
           part
           of
           his
           Father
           ,
           it
           should
           never
           have
           descended
           in
           the
           Line
           of
           his
           Mother
           ,
           but
           escheated
           ,
           for
           though
           the
           Consanguinei
           of
           the
           Mother
           were
           Consanguinei
           to
           the
           Son
           ,
           yet
           they
           were
           not
           of
           Consanguinity
           to
           the
           Father
           ,
           who
           was
           the
           purchaser
           .
           But
           if
           there
           had
           been
           none
           of
           the
           Blood
           of
           the
           Grandfather
           ,
           yet
           it
           might
           have
           resorted
           to
           the
           Line
           of
           the
           Grandmother
           ,
           because
           
           her
           Consanguinei
           were
           as
           well
           of
           the
           Blood
           of
           the
           Father
           as
           the
           Mothers
           Consanguinity
           is
           of
           the
           Blood
           of
           the
           Son.
           And
           consequently
           also
           ,
           if
           the
           Grandfather
           had
           purchased
           Lands
           ,
           and
           it
           had
           descended
           from
           him
           to
           the
           Father
           ,
           and
           from
           him
           to
           the
           Son
           ,
           if
           the
           Son
           had
           entered
           and
           died
           without
           Issue
           ,
           his
           Fathers
           Brothers
           or
           Sisters
           ,
           or
           their
           Descendants
           ,
           or
           for
           want
           of
           them
           ,
           his
           Grandfathers
           Brothers
           or
           Sisters
           ,
           or
           their
           Descendants
           ,
           or
           for
           want
           of
           them
           ,
           his
           great
           Grandfathers
           Brothers
           or
           Sisters
           ,
           or
           their
           Descendants
           ,
           or
           for
           want
           of
           them
           his
           great
           
           Grandmothers
           ,
           Brothers
           or
           Sisters
           ,
           or
           their
           Descendants
           might
           have
           inherited
           ;
           for
           the
           Consanguinity
           of
           the
           great
           Grandmother
           ,
           was
           of
           the
           Consanguinity
           of
           the
           Grandfather
           ,
           but
           none
           of
           the
           Line
           of
           the
           Mother
           or
           Grandmother
           ,
           (
           viz.
           )
           the
           Grandfathers
           Wife
           should
           have
           inherited
           ,
           for
           that
           they
           were
           not
           of
           the
           Blood
           of
           the
           first
           Purchaser
           .
           And
           the
           same
           Rule
           
             è
             converso
          
           holds
           in
           Purchases
           in
           the
           Line
           of
           the
           Mother
           or
           Grandmother
           ,
           they
           shall
           always
           keep
           in
           the
           same
           Line
           ,
           wherein
           the
           first
           Purchaser
           settled
           them
           .
           But
           it
           is
           not
           necessary
           ,
           that
           he
           
           that
           inherits
           be
           always
           Heir
           to
           the
           Purchaser
           ,
           but
           it
           sufficeth
           if
           he
           be
           of
           his
           Blood
           ,
           and
           Heir
           to
           him
           who
           was
           last
           seised
           .
           The
           Father
           purchaseth
           Lands
           ,
           and
           it
           Descends
           to
           his
           Son
           who
           dies
           without
           Issue
           ,
           it
           shall
           never
           descend
           to
           the
           Heir
           of
           the
           part
           of
           the
           Sons
           Mother
           ;
           But
           if
           the
           Sons
           Grandmother
           hath
           a
           Brother
           ,
           and
           the
           Sons
           great
           Grandmother
           hath
           a
           Brother
           ,
           and
           there
           is
           no
           other
           Kindred
           ,
           it
           shall
           descend
           to
           the
           Grandmothers
           Brother
           ;
           and
           yet
           ,
           if
           the
           Father
           had
           died
           without
           Issue
           ,
           his
           Grandmothers
           Brother
           should
           have
           been
           preferred
           
           before
           his
           Mothers
           Brother
           ,
           because
           the
           former
           was
           Heir
           of
           the
           part
           of
           his
           Father
           ,
           though
           by
           a
           Female
           ,
           and
           the
           latter
           was
           Heir
           of
           the
           part
           of
           his
           Mother
           .
           But
           where
           the
           Son
           is
           once
           seised
           ,
           and
           dies
           without
           Issue
           ,
           his
           Grandmothers
           Brother
           is
           to
           him
           Heir
           of
           the
           part
           of
           his
           Father
           ,
           and
           being
           nearer
           than
           his
           great
           Grandmothers
           Brother
           ,
           is
           preferred
           in
           Descent
           .
           But
           this
           is
           always
           intended
           ,
           so
           long
           as
           the
           Line
           of
           the
           Descent
           is
           not
           broken
           ,
           for
           if
           the
           Son
           alien
           those
           Lands
           ,
           and
           then
           repurchase
           them
           again
           in
           Fee
           ;
           Now
           the
           Rules
           of
           
           Descent
           hold
           as
           if
           he
           had
           been
           the
           original
           Purchaser
           ,
           and
           that
           it
           had
           never
           been
           in
           the
           Line
           of
           the
           Father
           or
           Mother
           .
        
         
           
             7th
             Rule
          
           ,
           In
           Succession
           ,
           as
           well
           in
           the
           Line
           Descending
           ,
           Transversal
           or
           Ascending
           ,
           the
           Line
           that
           is
           first
           derived
           from
           a
           Male
           Root
           ,
           hath
           always
           the
           preference
           .
           A.
           hath
           Issue
           two
           Sons
           ,
           B.
           and
           
             C.
             B.
          
           hath
           Issue
           a
           Son
           and
           a
           Daughter
           ,
           D.
           and
           
             E.
             D.
          
           the
           Son
           hath
           Issue
           a
           Daughter
           ,
           F.
           and
           E.
           the
           Daughter
           hath
           Issue
           a
           Son
           ,
           
             G.
             ●
          
           .
           nor
           any
           of
           his
           Descendants
           shall
           not
           inherit
           so
           long
           as
           there
           
           are
           any
           Descendants
           from
           D.
           and
           E.
           and
           E.
           the
           Daughter
           ,
           nor
           none
           of
           her
           Descendants
           shall
           inherit
           ,
           so
           long
           as
           there
           are
           Descendants
           from
           D.
           the
           Son
           ,
           whether
           they
           be
           Male
           or
           Female
           .
        
         
           In
           Descents
           ,
           Collateral
           as
           Brothers
           and
           Sisters
           ,
           the
           same
           Instance
           applied
           evideceth
           the
           conclusion
           .
           But
           in
           Successions
           in
           the
           Line
           Ascending
           ,
           there
           must
           be
           a
           fuller
           explanation
           ,
           because
           it
           is
           darker
           and
           more
           obscure
           ;
           I
           shall
           therefore
           set
           forth
           the
           whole
           Method
           of
           Transversal
           ,
           Ascending
           ,
           Descents
           in
           these
           ensuing
           Rules
           .
        
         
         
           1
           
             st
             Rule
          
           ,
           If
           the
           Son
           purchaseth
           Lands
           in
           Fee-simple
           ,
           and
           dies
           without
           Issue
           ,
           those
           of
           the
           Male
           Line
           Ascending
           
             usque
             in
             infinitum
          
           shall
           be
           preferred
           in
           the
           Descent
           according
           to
           their
           Proximity
           of
           Degree
           to
           the
           Son.
           Therefore
           the
           Fathers
           Brothers
           or
           Sisters
           ,
           or
           their
           Descendants
           shall
           be
           preferred
           before
           the
           Brothers
           of
           the
           Grandfather
           and
           their
           Descendants
           .
           And
           again
           ,
           if
           the
           Father
           had
           no
           Brothers
           nor
           Sisters
           ,
           the
           Grandfathers
           Brothers
           and
           their
           Descendants
           ,
           and
           for
           want
           of
           Brothers
           ,
           the
           Grandfathers
           Sisters
           ,
           and
           
           their
           Descendants
           should
           be
           preferred
           before
           the
           Brothers
           of
           the
           great
           Grandfather
           .
           For
           although
           by
           the
           Law
           of
           England
           the
           Father
           nor
           Grandfather
           cannot
           immediately
           inherit
           the
           Son
           ,
           yet
           the
           direction
           of
           the
           Descent
           to
           the
           Collateral
           Line
           ascending
           ,
           is
           as
           much
           as
           if
           the
           Father
           or
           Grandfather
           had
           been
           by
           Law
           inheritable
           ,
           and
           therefore
           as
           in
           case
           the
           Father
           had
           been
           inheritable
           ,
           he
           should
           have
           inherited
           the
           Son
           before
           the
           Grandfather
           ,
           and
           the
           Grandfather
           before
           the
           great
           Grandfather
           ,
           and
           consequently
           if
           the
           Father
           
           had
           inherited
           and
           died
           without
           Issue
           ,
           his
           eldest
           Brother
           and
           his
           Descendants
           should
           have
           inherited
           before
           the
           younger
           Brother
           ,
           and
           his
           Descendants
           ,
           and
           if
           he
           had
           no
           Brothers
           but
           Sisters
           ,
           his
           Sisters
           and
           their
           Descendants
           should
           inherit
           before
           his
           Uncles
           ,
           or
           the
           Grandfathers
           Brothers
           ,
           and
           their
           Descendants
           ,
           so
           though
           the
           Law
           of
           England
           exclude
           the
           Father
           from
           inheriting
           ,
           it
           substitutes
           ,
           and
           directs
           the
           Descent
           as
           it
           should
           have
           been
           ,
           if
           the
           Father
           had
           inherited
           ,
           viz.
           Le
           ts
           in
           those
           first
           that
           are
           in
           the
           next
           Degree
           to
           him
           .
        
         
         
           
             2d
             Rule
          
           is
           this
           ,
           That
           the
           Line
           of
           the
           part
           of
           the
           Mother
           shall
           never
           inherit
           ,
           as
           long
           as
           there
           are
           any
           though
           never
           so
           remote
           of
           the
           Line
           of
           the
           part
           of
           the
           Father
           ;
           and
           therefore
           ,
           though
           the
           Mother
           hath
           a
           Brother
           ,
           yet
           if
           the
           Atavus
           or
           Atavia
           of
           the
           Father
           hath
           a
           Brother
           or
           Sister
           ,
           He
           and
           She
           shall
           be
           preferred
           and
           exclude
           the
           Mothers
           Brother
           though
           he
           is
           much
           nearer
           .
        
         
           
             3d
             Rule
          
           ,
           But
           yet
           farther
           .
           The
           Male
           Line
           of
           the
           part
           of
           the
           Father
           descending
           ,
           shall
           
             in
             oeternum
          
           exclude
           the
           
           Female
           Line
           of
           the
           part
           of
           the
           Father
           ascending
           ,
           and
           therefore
           in
           the
           case
           proposed
           ,
           the
           Son
           purchasing
           Lands
           and
           dying
           without
           Issue
           ,
           the
           Sister
           of
           the
           Father
           ,
           Grandfather
           or
           great
           Grandfather
           ,
           and
           so
           
             in
             infinitum
          
           shall
           be
           preferred
           before
           the
           Fathers
           Mothers
           Brother
           ,
           though
           the
           Fathers
           Mothers
           Brother
           be
           a
           Male
           ,
           and
           the
           Fathers
           Grandfathers
           Sister
           be
           a
           Female
           ,
           and
           more
           remote
           ,
           because
           it
           is
           in
           the
           Male
           Line
           ,
           which
           is
           more
           worthy
           than
           the
           Female
           Line
           ,
           though
           even
           the
           Female
           Line
           be
           of
           the
           Blood
           of
           the
           Father
           .
        
         
         
           
             4th
             Rule
          
           ,
           But
           as
           in
           the
           Male
           Line
           ascending
           ,
           the
           more
           near
           is
           preferred
           in
           the
           Descent
           ,
           before
           the
           remote
           ;
           so
           in
           the
           Female
           Line
           descending
           ,
           so
           it
           be
           of
           the
           Blood
           of
           the
           Father
           ,
           the
           more
           near
           is
           preferred
           before
           the
           remote
           .
           The
           Son
           therefore
           purchaseth
           Lands
           and
           dies
           without
           Issue
           ,
           the
           Father
           ,
           Grandfather
           ,
           and
           great
           Grandfather
           ,
           and
           so
           upward
           ,
           all
           the
           Male
           Line
           are
           dead
           without
           Brother
           or
           Sister
           ,
           or
           any
           descending
           from
           them
           ,
           but
           the
           Fathers
           Mother
           hath
           a
           Sister
           or
           Brother
           ,
           and
           also
           the
           Father's
           
           Grandmother
           hath
           a
           Brother
           ,
           and
           likewise
           the
           Fathers
           great
           Grand-mother
           hath
           a
           Brother
           ;
           it
           is
           true
           ,
           all
           these
           are
           of
           the
           Blood
           of
           the
           Father
           ,
           and
           the
           very
           remotest
           of
           these
           shall
           exclude
           the
           Sons
           Mothers
           Brother
           ;
           and
           it
           is
           likewise
           true
           ,
           that
           the
           great
           Grand-mothers
           Blood
           hath
           passed
           through
           more
           Males
           of
           the
           Fathers
           Blood
           ,
           than
           the
           Blood
           of
           the
           Grand-mother
           ,
           or
           Mother
           of
           the
           Father
           ,
           but
           in
           this
           case
           the
           Fathers
           Mothers
           Sister
           shall
           be
           preferred
           before
           the
           Fathers
           Grand-mothers
           Brother
           ,
           or
           great
           Grand-mothers
           
           Brother
           ,
           because
           they
           are
           all
           in
           the
           Female
           Line
           ,
           
             viz.
             Cognati
          
           ,
           and
           the
           Fathers
           Mothers
           Sister
           is
           the
           nearest
           ,
           and
           therefore
           shall
           have
           the
           preference
           ,
           as
           well
           as
           in
           the
           Male
           Line
           ascending
           the
           Fathers
           Brother
           or
           Sister
           ,
           shall
           be
           preferred
           before
           the
           Grand-Fathers
           Brother
           .
        
         
           
             5th
             Rule
          
           ,
           And
           yet
           in
           the
           last
           case
           ,
           where
           the
           Son
           purchaseth
           Lands
           and
           dies
           without
           Issue
           ,
           and
           without
           Heir
           of
           the
           part
           of
           his
           Grand-father
           ,
           the
           Land
           should
           bescend
           to
           his
           Grand-mothers
           Brother
           or
           Sister
           ,
           
           as
           Heir
           of
           the
           part
           of
           the
           Father
           ;
           yet
           ,
           if
           the
           Father
           had
           purchased
           this
           Land
           and
           died
           ,
           and
           it
           descended
           to
           his
           Son
           who
           died
           without
           Issue
           ,
           the
           Lands
           should
           not
           have
           descended
           to
           his
           Fathers
           Mothers
           Brother
           or
           Sister
           ,
           for
           the
           Reason
           given
           in
           the
           eighth
           Rule
           ,
           but
           for
           want
           of
           Brothers
           or
           Sisters
           of
           the
           Grand-father
           ,
           great
           Grand-father
           ,
           and
           so
           upward
           in
           the
           Male
           ascending
           Line
           ,
           it
           should
           descend
           to
           the
           Fathers
           Grand-mothers
           Brother
           or
           Sister
           ,
           which
           is
           Heir
           of
           the
           part
           of
           the
           Father
           ,
           who
           should
           be
           preferred
           before
           the
           
           Fathers
           Mothers
           Brother
           ,
           which
           was
           in
           truth
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           of
           the
           purchaser
           ,
           though
           the
           next
           Heir
           of
           the
           part
           of
           the
           Father
           of
           him
           that
           last
           died
           seized
           .
           And
           therefore
           ,
           as
           if
           the
           Father
           who
           was
           the
           02
           purchaser
           had
           died
           without
           Issue
           ,
           the
           Heirs
           of
           the
           part
           of
           his
           Father
           ,
           whether
           of
           the
           Male
           or
           Female
           Line
           ,
           should
           have
           been
           preferred
           before
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           ;
           so
           the
           Son
           that
           stands
           now
           in
           the
           place
           of
           his
           Father
           ,
           and
           inherits
           to
           him
           primarily
           in
           his
           Fathers
           Line
           dying
           without
           Issue
           ,
           the
           same
           Devolution
           
           and
           Hereditary
           Succession
           ,
           should
           have
           been
           as
           if
           his
           Father
           had
           immediately
           died
           without
           Issue
           ,
           which
           should
           have
           been
           to
           his
           Grandmothers
           Brother
           as
           Heir
           of
           the
           part
           of
           the
           Father
           ,
           though
           by
           the
           Female
           Line
           ,
           and
           not
           to
           his
           Mothers
           Brother
           ,
           which
           was
           only
           Heir
           of
           the
           part
           of
           his
           Mother
           ,
           and
           not
           to
           take
           till
           his
           Fathers
           Fine
           ,
           as
           well
           Female
           as
           Male
           was
           spent
           .
        
         
           
             6th
             Rule
          
           ,
           If
           the
           Son
           purchase
           Lands
           and
           dies
           without
           Issue
           ,
           and
           it
           descends
           to
           any
           Heir
           of
           the
           part
           of
           
           the
           Father
           ,
           and
           then
           the
           Line
           of
           the
           Father
           (
           after
           Entry
           and
           Possession
           )
           fail
           ,
           it
           shall
           never
           resort
           to
           the
           Line
           of
           the
           Mother
           ,
           tho'
           in
           the
           first
           Instance
           ,
           or
           first
           Descent
           from
           the
           Son
           ,
           it
           might
           have
           descended
           to
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           :
           For
           now
           by
           this
           Descent
           and
           Seisin
           ,
           it
           is
           lodged
           in
           the
           Fathers
           Line
           ,
           to
           whom
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           can
           never
           derive
           a
           Title
           as
           Heir
           ,
           but
           it
           shall
           rather
           Escheat
           .
           But
           if
           the
           Heir
           of
           the
           part
           of
           the
           Father
           had
           not
           entered
           ,
           but
           then
           that
           Line
           had
           failed
           ,
           it
           
           might
           have
           descended
           to
           the
           Heir
           of
           the
           part
           of
           the
           Mother
           ,
           as
           Heir
           to
           the
           Son
           ,
           to
           whom
           immediately
           for
           want
           of
           Heirs
           of
           the
           part
           of
           the
           Father
           it
           might
           have
           descended
           .
        
         
           
             7th
             Rule
          
           ,
           And
           upon
           the
           same
           Reason
           ,
           if
           it
           had
           once
           descended
           to
           the
           Heir
           of
           the
           part
           of
           the
           Father
           of
           the
           Grand-fathers
           Line
           ,
           and
           that
           Heir
           had
           entered
           ,
           it
           should
           never
           descend
           to
           the
           Heir
           of
           the
           part
           of
           the
           Father
           of
           the
           Grand-mothers
           Line
           ,
           because
           the
           Line
           of
           the
           Grand-mother
           was
           not
           of
           Blood
           or
           Consanguinity
           to
           the
           Line
           of
           the
           Grandfathers
           side
           .
        
         
         
           
             8th
             Rule
          
           ,
           If
           for
           default
           of
           Heirs
           of
           the
           purchaser
           of
           the
           part
           of
           the
           Father
           ,
           the
           Lands
           Descend
           to
           the
           Line
           of
           the
           Mother
           ,
           the
           Heirs
           of
           the
           Mother
           on
           the
           part
           of
           her
           Fathers
           Side
           ,
           shall
           be
           preferred
           in
           Succession
           before
           her
           Heirs
           of
           the
           part
           of
           her
           Mothers
           side
           ,
           because
           they
           are
           the
           more
           worthy
           .
           A
           great
           part
           of
           these
           differences
           are
           easily
           to
           be
           collected
           out
           of
           the
           Resolutions
           in
           the
           case
           of
           
             Clare
             versus
             Brooke
             ,
             alias
             Cobham
             .
          
           And
           thus
           the
           Law
           stands
           in
           point
           of
           Descents
           ,
           or
           Hereditary
           Succession
           in
           England
           at
           this
           Day
           ,
           and
           for
           above
           Four
           hundred
           years
           past
           .
        
         
           FINIS
           .
        
         
      
    
     
       
         
         
           
             
               A
               Scheme
               of
               Pedigrees
               :
               And
               also
               ,
               The
               Degrees
               of
               Parentage
               and
               Consanguínity
               .
            
             
               
                 
              
               
                 
                   Adgnati
                   ex
                   parts
                   Patris
                
                 .
                 Cousins
                 on
                 the
                 part
                 of
                 the
                 Father
                 ,
                 the
                 more
                 worthy
                 in
                 Descents
                 ,
                 tho'
                 farther
                 remote
                 .
              
               
                 
                   RECTA
                   LINEA
                
                 :
                 
                 THE
                 RIGHT
                 LINE
                 .
              
               
                 
                   Cognati
                   ex
                   parte
                   Matris
                
                 .
                 Cousins
                 on
                 the
                 part
                 of
                 the
                 Mother
                 ,
                 the
                 less
                 worthy
                 in
                 Descents
                 ,
                 tho'
                 nearer
                 of
                 Kin.
                 
              
               
                 
              
            
             
               
                 
                   Linea
                   transversalis
                   seu
                   collateralis
                
                 The
                 Side
                 Line
                 .
              
               
                 
                   Linea
                   transver
                   salis
                   ,
                   seu
                   collateralis
                
                 The
                 Side
                 Line
                 .
              
            
             
               
                  
              
               
                 
                   Abpatruus
                   magnus
                
                 .
                 The
                 great
                 Uncles
                 Grand-Father
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Tritavus
                 .
                 The
                 great
                 Grand-Fathers
                 great
                 Grand-Father
                 .
              
               
                 6
              
               
                 Tritavia
                 .
                 The
                 great
                 Grand-Fathers
                 great
                 Grand-Mother
                 .
              
               
                 Abavunculus
                 .
                 The
                 great
                 Uncles
                 Grand-Father
                 on
                 the
                 Mothers
                 side
                 .
              
               
                  
              
            
             
               
                 
                   Abamita
                   magna
                
                 .
                 The
                 great
                 Uncles
                 Grand-Mother
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Attavus
                 .
                 The
                 great
                 Grand-Fathers
                 Grand-Father
                 .
              
               
                 5
              
               
                 Attavia
                 .
                 The
                 great
                 Grand-Fathers
                 Grand-Mother
                 .
              
               
                 
                   Abmatertera
                   magna
                
                 .
                 The
                 great
                 Uncles
                 Grand-Mother
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                 
                   Propatruus
                   magnus
                
                 .
                 The
                 great
                 Uncles
                 Father
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Abavus
                 .
                 The
                 great
                 Grand-Fathers
                 Father
                 .
              
               
                 4
              
               
                 Abavia
                 .
                 The
                 great
                 Grand-Fathers
                 Mother
                 .
              
               
                 
                   Proavunculus
                   magnus
                
                 .
                 The
                 great
                 Uncles
                 Father
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                 
                   Proamita
                   magna
                
                 .
                 The
                 great
                 Uncles
                 Mother
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Proavus
                 .
                 The
                 great
                 Grand-Father
                 .
              
               
                 3
              
               
                 Proavia
                 .
                 The
                 great
                 Grand-Mother
                 .
              
               
                 
                   Promatertera
                   magna
                
                 .
                 The
                 great
                 Uncles
                 Mother
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                 
                   Patruus
                   magnus
                
                 .
                 The
                 great
                 Uncle
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Avus
                 .
                 The
                 Grand-Father
                 .
              
               
                 2
              
               
                 Avia
                 .
                 The
                 Grand-Mother
                 .
              
               
                 
                   Avunculus
                   magnus
                
                 .
                 The
                 great
                 Uncle
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                 
              
               
                 
                   Amita
                   magna
                
                 .
                 The
                 great
                 Aunt
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Pater
                 .
                 Father
                 .
              
               
                 1
              
               
                 Mater
                 .
                 Mother
                 .
              
               
                 
                   Matertera
                   magna
                
                 .
                 The
                 great
                 Aunt
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                 
              
               
                 Patruus
                 .
                 The
                 Uncle
                 or
                 Fathers
                 Brothers
                 .
              
               
                 
                   Linea
                   recta
                   ascendens
                
                 .
              
               
                 
              
               
                 
              
            
             
               
                 
              
               
                 Amita
                 .
                 The
                 Aunt
                 or
                 Fathers
                 Sister
                 .
              
               
                 The
                 Right
                 Line
                 ascending
                 .
              
               
                 Matertera
                 .
                 The
                 Aunt
                 or
                 Mothers
                 Sister
                 .
              
               
                 
              
            
             
               
                 
              
               
                 Frater
                 .
                 A
                 Brother
                 .
              
               
                 Propositus
                 .
                 
                 
                   Linea
                   recta
                   descendent
                
                 .
                 
                 The
                 Right
                 Line
                 descending
                 .
              
               
                 Frater
                 ,
                 A
                 Brother
                 .
              
               
                 
              
            
             
               
                 
                   Semi
                   Germanus
                   Frater
                
                 ,
                 Brother
                 of
                 one
                 Father
                 and
                 several
                 Mothers
                 .
              
               
                 
                   Uterinus
                   Frater
                
                 ,
                 Brother
                 of
                 one
                 Mother
                 and
                 several
                 Fathers
                 .
                 Soror
                 ,
                 Sister
                 .
              
            
             
               
                 Soror
                 .
                 Sister
                 .
              
               
                 Soror
                 ,
                 Sister
                 .
              
            
             
               
                 
              
               
                 
                   Patrueles
                   à
                   Patruo
                
                 .
                 Sons
                 or
                 Daughters
                 ,
                 Cousin
                 Germans
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 Filius
                 .
                 Son.
                 
              
               
                 1
              
               
                 Filia
                 .
                 Daughter
                 .
              
               
                 
                   Avunculini
                   ab
                   Avunculo
                
                 .
                 Sons
                 or
                 Daughters
                 ,
                 Cousin
                 Germans
                 on
                 the
                 Mothers
                 side
                 .
              
               
                  
              
            
             
               
                  
              
               
                 
                   Amitini
                   ab
                   Amita
                
                 .
                 Sons
                 or
                 Daughters
                 ,
                 Cousin
                 Germans
                 on
                 the
                 Fathers
                 side
                 .
              
               
                 
                   Nepos
                   linealis
                
                 ,
                 The
                 lineal
                 Nephew
                 .
              
               
                 2
              
               
                 
                   Neptis
                   linealis
                
                 .
                 The
                 lineal
                 Neece
                 .
              
               
                 
                   Materterini
                   à
                   matertera
                
                 .
                 Sons
                 or
                 Daughters
                 ,
                 Cousin
                 Germans
                 on
                 the
                 Mothers
                 side
                 .
              
            
             
               
                  
              
               
                 
                   Pronepos
                   linealis
                
                 .
                 The
                 lineal
                 Nephew
                 or
                 Neeces
                 Son.
                 
              
               
                 3
              
               
                 
                   Proneptis
                   linealis
                
                 .
                 The
                 lineal
                 Nephew
                 or
                 Neeces
                 Daughter
                 .
              
               
                  
              
            
             
               
                 Horum
                 .
                 Of
                 these
                 .
                 Filius
                 .
                 The
                 Son.
                 Filia
                 .
                 The
                 Daughter
                 right
                 Cousin
                 Germans
                 .
              
               
                 
                   Abnepos
                   linealis
                
                 .
                 The
                 Grand-Son
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 4
              
               
                 
                   Abneptis
                   linealis
                
                 .
                 The
                 Grand-Daughter
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 Horum
                 .
                 Of
                 these
                 .
                 Filius
                 .
                 The
                 Son.
                 Filia
                 .
                 The
                 Daughter
                 ,
                 right
                 Cousin
                 Germans
                 .
              
            
             
               
                 
              
               
                 Eorum
                 .
                 Of
                 these
                 .
                 
                   Nepos
                   collateralis
                
                 .
                 The
                 collateral
                 Nephew
                 .
                 
                   Neptis
                   collateralis
                
                 .
                 The
                 collaral
                 Niece
                 .
              
               
                 
                   Atnepos
                   linealis
                
                 .
                 The
                 great
                 Grand-Son
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 5
              
               
                 
                   Atneptis
                   linealis
                
                 .
                 The
                 great
                 Grand-Daughter
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 Eorum
                 .
                 Of
                 these
                 .
                 
                   Nepos
                   collateralis
                
                 .
                 The
                 collateral
                 Nephew
                 .
                 
                   Neptis
                   collateralis
                
                 .
                 The
                 collateral
                 Neece
                 .
              
            
             
               
                  
              
               
                 Eorundem
                 .
                 Of
                 these
                 .
                 
                   Pronepos
                   collateralis
                
                 .
                 The
                 collateral
                 Nephews
                 Son.
                 
                   Proneptis
                   collateralis
                
                 .
                 The
                 collateral
                 Nephews
                 Daughter
                 .
              
               
                 
                   Trinepos
                   linealis
                
                 .
                 The
                 great
                 Great
                 Grand-Son
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 6
              
               
                 
                   Trineptis
                   linealis
                
                 .
                 The
                 great
                 Great
                 Grand-Daughter
                 of
                 the
                 lineal
                 Nephew
                 or
                 Neece
                 .
              
               
                 Eorundem
                 .
                 Of
                 these
                 .
                 
                   Pronepos
                   collateralis
                
                 .
                 The
                 collateral
                 Nephews
                 Son.
                 
                   Proneptis
                   collateralis
                
                 .
                 The
                 collateral
                 Nephews
                 Daughter
                 .
              
            
             
               
                 
                   Et
                   sic
                   in
                   infinitum
                
                 .
              
               
                 
                   Et
                   sic
                   infinitum
                
                 .
              
               
                  
              
               
                 
                   Et
                   sic
                   in
                   infinitum
                
                 .
              
               
                 
                   Et
                   sic
                   in
                   infinitum
                
                 .
              
            
          
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A44106-e4900
           
             Adgnati
             ,
             quasi
             〈◊〉
             Patre
             congeniti
             .
          
           
             Cognati
             〈…〉
             parte
             〈◊〉
             
          
           
             〈…〉
             Patre
             an
             .
             〈◊〉
             
          
           
             〈◊〉
             ,
             quasi
             〈…〉
             .
          
           
             Avunculus
             .
             The
             Uncle
             or
             Mothers
             Brother
             .
          
           
             Avunculus
             quasi
             〈◊〉
             minor
             .
          
           
             Amita
             ,
             quasi
             à
             〈◊〉
             tertia
             .
          
           
             Matertera
             quasi
             M●●ltera
             .
          
           
             Frater
             ,
             quasi
             〈◊〉
             alter
             .
             Semi
             Germani
             fratres
             ,
             quasi
             ex
             〈◊〉
             Patre
             &
             separalibus
             Ma●●ribus
             nati
             .
             〈◊〉
             ,
             quasi
             〈◊〉
             orta
             ●liversa
             .
          
           
             Uterini
             〈…〉
             utero
             .
             Fra●tes
             〈◊〉
             separalibus
             Patribus
             
          
           
             ●●lius
             ,
             Filia
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             i.e.
             ab
             amore
             ●arantum
             .
          
           
             Nepos
             ,
             quasi
             〈◊〉
             post
             .
          
        
      
    
  

