to the supreme authority of england, the high court of parliament assembled at westminster the humble petition of richard truelove and henry truelove, of the town of ipswich, on the behalfs [sic] of themselves and others, heirs at law to thomas causton, late of thundersley in the county of essex, gent. a martyr truelove, richard. this text is an enriched version of the tcp digital transcription a95325 of text r211382 in the english short title catalog (thomason 669.f.15[32]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95325 wing t3130 thomason 669.f.15[32] estc r211382 99870111 99870111 163106 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95325) transcribed from: (early english books online ; image set 163106) images scanned from microfilm: (thomason tracts ; 246:669f15[32]) to the supreme authority of england, the high court of parliament assembled at westminster the humble petition of richard truelove and henry truelove, of the town of ipswich, on the behalfs [sic] of themselves and others, heirs at law to thomas causton, late of thundersley in the county of essex, gent. a martyr truelove, richard. truelove, henry. england and wales. parliament. 1 sheet ([1] p.) s.n., [london : 1650] imprint from wing. annotation on thomason copy: "june 1650". reproduction of the original in the british library. eng caustun, thomas, d. 1569 -early works to 1800. land tenure -great britain -early works to 1800. inheritance and succession -great britain -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. a95325 r211382 (thomason 669.f.15[32]). civilwar no to the supreme authority of england, the high court of parliament assembled at westminster; the humble petition of richard truelove and henr truelove, richard 1650 485 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-08 robyn anspach sampled and proofread 2007-08 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the supreme authority of england , the high court of parliament assembled at westminster ; the humble petition of richard truelove and henry truelove , of the town of ipswich , on the behalfs of themselves and others , heirs at law to thomas causton , late of thundersley in the county of essex , gent. a martyr : in all humility shewing , that the said thomas causton was in his life time scised in fee of divers freehold and copyhold lands , tenements and hereditaments , in essex and elsewhere . that the said thomas causton , 7o novembr . 1o and 2o phil. & mar. surrendred all his copyhold lands in tillingham , to the use of william his son , which lands have ever since been enjoyed by the said william , his heirs and assigns . that afterwards the said thomas causton , in those times of persecution in the days of queen mary , was burnt as an heretick , for his faithful adhering to the protestant religion , as is recorded in the book of martyrs , fol. 194. and thereupon all other his lands , tenements and hereditaments , were seized into the then crown , and have been , and to this day are held and enjoyed , either by leassees from the late kings and queens , or by such who without any title enjoy them , to the great prejudice of your petitioners . that william the son of thomas causton , dyed without issue , and the said copyhold lands surrendred after his decease , desended on elizabeth his onely sister , who then was the onely heir of the said william , and of the said thomas their father . that the said elizabeth married william truelove your petitioners grandfather , who enjoyed the said copyhold lands , and ought likewise to have enjoyed all other the lands and tenements , freehold and copyhold of the said thomas causton , which ought to descend on your petitioners . that your petitioners have faithfully served and adhered to this parliament , ever since the beginning of these troubles , both in their persons and estates . and now they are humble suiters unto your honors , that for the glory of god , the honor of the parliament , and encouragement to true professors of religion , your honors will please to restore to them the lawful and rightful inheritance of their ancestors , so wrongfully detained from them ; and that to this purpose , your honors will refer the examination of the premises , to the right honorable , the councel of state , or such other committee as your honors shall please , and that in the mean time none of the said lands may be sold . and your petioners shall daily pray for your honors , &c the case of john lord lovelace baron of hurley. 1677 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a81278 wing c933d estc r176343 45578215 ocm 45578215 172164 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a81278) transcribed from: (early english books online ; image set 172164) images scanned from microfilm: (early english books, 1641-1700 ; 2616:16) the case of john lord lovelace baron of hurley. lovelace, john lovelace, baron, 1638?-1693. 1 sheet ([1] p.). s.n., [s.l. : 1677] date of publication suggested by the bodleian library. reproduction of original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lovelace, john lovelace, -baron, 1638?-1693 -finance, personal. finance, personal -england -early works to 1800. inheritance and succession -england -early works to 1800. broadsides -england -17th century. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-11 mona logarbo sampled and proofread 2007-11 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the case of john lord lovelace baron of hurley . richard late lord lovelace his grandfather was seized in fee of the manor of hurley in the county of berks , and divers other lands in berks and wilts ; and of the manor of water-eaton in com. oxon. and sells the same to john late lord lovelace his father for life , with remainder to his 1st . 2d . 3d. and every other son successively entail , which son the now lord lovelace is . remainder to his own right heirs in fee. and gives a power to john his son the late lord lovelace deceased , to make a jointure of water-eaton , which he did accordingly execute ; and anne lady dowager lovelace his widow now enjoys it . and also left a power in him to charge the same manor of water-eaton , and some farms in hurley , with portions for younger children ; which he accordingly did : but these portions are all paid , but only part of the portion of dorothy now wife of henry drax esq john now lord lovelace marries with martha the eldest daughter and one of the co-heirs of sir edmund pye knight and baronet deceased ; and before marriage by articles , his father agrees to settle the manors of hurley , and water-eaton on his issue male entail , and in michaelmas term 1663 his father levied a fine , and in hillary term following 1663 john now lord lovelace levied a fine , and suffered a common recovery , and so barred all the estates tail and remainder before that time . and by indenture dated 1st . of february 1663 between the now lord lovelace , and his wife of the 1st . part , john late lord lovelace his father of the 2d . part , sir edmund pye and sir william walter of the 3d. part , and christopher cratford and george shipwey gent. of the 4th . part , declare the use of the said fines and recovery to be as to part of hurley , to the use of john now lord lovelace for life . remainder to sir edmund pye and sir william walter and their heirs , during the life of john now lord lovelace to support contingent uses . remainder to martha his wife for joynture . remainder to his 1st . 2d . 3d. and every other son by martha his wife successively entail . remainder to the right heirs of john now lord lovelace in fee , chargeable with 10000 l. fo● 〈…〉 aughters portions , in case of failer of issue males ; and as to the residue of 〈◊〉 and all water-eaton , to john late lord lovelace for life . remaind●● 〈◊〉 john now lord lovelace for life . remaind●● 〈◊〉 edmumd pye and sir walter and their heirs , during the life 〈…〉 ow lor● lovelace to support contingent uses . remainder to ● is 1st . 2d . 3d. and every other son by martha his wife successively 〈…〉 . remainder to the heirs of john now lord lovelace in fee. john late lord lovelace his father , in the late rebellion being only tenant for life , was under sequestratien , and contracted very many great debts to the value of 20000 l. and upwards by his sufferings for his loyalty . john now lord lovelace joyns with his father in the sale of bluntsdon in wilts of the value of 800 l. per annum , and divers other lands in berks , to the value of 20000 l. and upwards , in the whole , and joyned with his father in other reall securities of the land settled upon him entail . the manor of water-eaton above 1200 l. per annum almost a moiety of his paternal estate , 〈◊〉 now in joynture to his mother . the manor of bradenham the greatest part of his wives fortune , is in joynture to the lady pye her mother . john now lord lovelace made an absolute agreement by indenture with henry drax esq for the remainder of his sisters portion unpaid , to accept 3000 l. by 500 l. per annum after his mothers death , to be paid out of water-eaton in six years , that his mother might enjoy his joynture peaceably . john now lord lovelace hath no son living ; but only three daughters , and hath had no child in seven years last past , and having contracted several debts to the value of 5000 l. prays an act. to confirm the deed of the 1st . of february 1663 for his wives joynture , and to charge the lands charged with 10000 l. for his daughters portions , with 5000 l. more for advance of his daughters portions , in case of failer of issue male by his now wife . to ●●●ble him to raise 5000 l. fo● payment of his just debts contracted , out of those lands not in joynture to his wife ; nor chargeable with his daughters portions in hurley , and out of the reversion of water-eaton expectant after his mothers death , nevertheless subject to the payment of his sisters portions by annual payments as aforesaid , and that the same security given for the same portion to mr. drax , may be confirmed according to his agreement mentioned in the indenture of the 12th . of october 1671. to his grace, henry, duke of norfolk, earl marshal of england humbly presented. percy, james, 1619-1690? 1686 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a54309 wing p1460a estc r218909 99830460 99830460 34911 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54309) transcribed from: (early english books online ; image set 34911) images scanned from microfilm: (early english books, 1641-1700 ; 2074:02) to his grace, henry, duke of norfolk, earl marshal of england humbly presented. percy, james, 1619-1690? 1 sheet ([1] p.) s.n.], [london : 1686. signed: james percy. caption title. place of publication from wing. dated at end: 1686. copy torn at foot, affecting text. reproduction of the original in the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng percy, james, 1619-1690? -early works to 1800. inheritance and succession -england -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to his grace , henry , duke of norfolk , earl marshal of england humbly presented . great sir , yesterday , being the last of september , 1686. i presented the following brief to sir thomas , st. george garter , king at arms , and prayed audience thereof ; and he moderately directed me as he did once before that was , and is to pray your grace's order to them , and then i should have audience and speedy justice , for which i pray and remain , your grace's most humble servant , james percy . october the 1st . 1686. a short account or breviate of james percy 's proceedings ; who immediately after the death of josceline percy , eleventh earl of northumberland , put in his claim : now this is prepared for council , to argue at a chapter to the obtaining a confirmation of this following descent and pedigree . when josceline percy died , may 21st . 1670. james percy then entered his claim , to be the next heir-male of that family . 1. the aforesaid james percy applied himself to sir edward walker , then king at arms , first , by letters from ireland ; secondly , in person . the king 's most excellent majesty , upon his petition and claim , was graciously pleased to say , god forbid we should hinder an heir-male , and then did refer the matter to sir edward aforesaid , and sir john berkinhead , then master of request in waiting ; and they ordered the claimant to bring his council to them , who together advised him the said james to claim under sir richard percy , and said , if he was not the right , yet would it be a means to find out the right great-grandfather of the claimant ; and further directed him to travel the northern circuit with the judges , to find out kindred . 2. at the claimant's first appearance in england , he found that the heralds books had been borrowed , and that the matches of the percys had been rent out ; which wildernized the claimant , that he could not then find out his great-grandfather , sir ingelram percy , by reason the matches were not only rent out , but sir ingelram percy , ( who was the true father of those children preserved in hampires ) his name was also blotted out . 3. but since , at several tryals , he hath proved himself to be the son of henry percy of horton , who was the son of henry percy of pavenham , who was the son of sir ingelram percy , who was the son of henry percy , fifth earl of northumberland ; who was the great-great-grandfather of james percy , claimant to the earldom of northumberland , with all the honours mannours , preheminences , priviledges , percy 's fee and gaunt's fee , which of right belong , and are annexed to the title and name of percy , as by records . 4. now after above sixteen years pains , labour , and vast costs of suits at law ; and finding the law will not confirm pedigrees , by reason it is the proper work of the heralds , when the court of wards was in-power ; and when an heir-male claimed , he was sent forthwith to the heralds office ; and when the heralds had found out the pedigree , then the earl marshal of england confirmed his pedigree , and sent the claimant back to the court of wards , who by an inquisition , post mortem , put the heir-male immediately into possession . 1. the king left the claimant to the parliament . 2. the parliament left the cause to the law. 3. the law left the confirmation of the pedigree to the heralds . 4. when the heralds call a chapter , and confirm the pedigree , they will then put a stop to the claimant's further complaint . as king charles the second , the very day a month before he dy'd , and since king james the second and council have ordered the cause to proceed to a speedy issue ; to gratifie the law , equity and possibilities , it is necessary the pedigree should be confirmed first by a speedy chapter , for which the claimant earnestly prays . james percy . blazon of percy family the letter and brief was returned by mr. negus , his graces secretary , with this short answer ; said he , my lord saith , he must have directions from the parliament , or from one of the courts at westminster-hall . therefore i humbly pray your grace to command me before a chapter , where my council shall make it appear as followeth . 1. by king charles the second in council . 2. by king james the second in council . 3. the four courts have directed , and will not presume to take upon them to confirm pedigrees , because it is the heralds property : notwithstanding books of heraldry are no records , yet law and equity requires the assistance of pedigrees before they will inquire . and the cause is now before the parliament , therefore the pedigree ought to be confirmed first , to fit them for an inquiry or inquisition post mortem . printed 〈…〉 chapter-board on thursday the seventh of october . 1686. to the kings most excellent majesty, in parliament. the humble petition of james percy percy, james, 1619-1690? 1680 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a54313 wing p1462bb estc r19657 99829835 99829835 34280 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a54313) transcribed from: (early english books online ; image set 34280) images scanned from microfilm: (early english books, 1641-1700 ; 2011:14) to the kings most excellent majesty, in parliament. the humble petition of james percy percy, james, 1619-1690? [1], 6-7, [1] p. s.n., [london : 1680?] caption title. imprint from wing. reproduction of the original at the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng percy, james, 1619-1690? -early works to 1800. england and wales. -parliament -early works to 1800. land titles -england -early works to 1800. inheritance and succession -england -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion to the kings most excellent majesty , in parliament . the humble petition of james percy . sheweth , that this annexed petition fairly writ , was presented at the bar of the lords house the 10 th . instant . that your petitioner is at a vast charge in keeping his witnesses in town , waiting for an order , and a day appointed , according to the prayer of the said petition . he therefore prays , that your majesty would be graciously pleased to call for the said petition , and cause it to be read ; and that a short day may be appointed , that a fair hearing may be had , to find out the truth , and that justice may be done accordingly : and let it not be said in england , that the innocent are punished , and the guilty go free : but call to mind how merciful god hath been , in restrring your majesty ; even so in pity restore your poor distressed subject . and he shall ever pray , &c. james percy . this petition was presented into his majesties sacred hand , the 15 th of december 1680. to lose such an opportunity as offered on thursday last , and now to trouble so good a king so oft , doubles your petitioner's sorrows . and that which adds to your petitioner's misery , is , that he cannot dispose of his witnesses , till a positive order be had ; for which he humbly prays . note these three following presidents . 1. the lord of newport begg'd the percies land of the king , for the duke of monmouth , when the duke was in france : but at the duke's return , percy the claimant waited upon the duke , to know his pleasure ; and told him , that my solicitor had betrayed me , for the percies lands were begg'd without the claimant's consent or knowledge . then the duke replied , mr. percy , you shall have a fair tryal at law : and moreover he did promise he would not stand upon priviledge : but when percy was ready for a tryal , then trumpt up priviledge . and mr. ross the duke's agent said , the duke could not set aside his priviledge : but the duke said , if percy proves himself heir , i have no right ; and forthwith sold his interest for an inconsiderable sum of money . 2. the lord ogle , that married the lady elizabeth percy , would have assumed the name of percy ; and put in a bill to be made an act to settle the lands upon him by act of parliament . 3. and it is reported that the lord of essex desired that some of those lands might be settled upon him by act of parliament . by this account the lands are yet unsettled : ergo then great reason it is , that the true heir-male of the percies bill should be made an act of parliament , to settle the name , title and estate together again , according to the first settlement confirmed by his ancestors . now your poor distressed and oppressed petitioner humbly and freely offers , for the obtaining of justice , and for the full satisfaction to the kings most excellent majesty , and the right honourable lords spiritual and temporal , and those honourable and worthy members of the house of commons in parliament assembled , ( if it be required and thought convenient , he being very unwilling to offer any thing that might give the least offence , but rather submit to their grave and mature wisdoms ) these proposals following . james percy the claimant and plaintiff , will pay into the hands of any trustees that shall be appointed to receive the money in trust for mr. john blakeston's costs , provided he likewise lay down the 90 l. taken by surprize out of court before the tryal was ended . and mr. vtting's cost likewise shall be paid , for what sir john coppleston claims ; provided likewise that sir john coppleston pay the 10 l. down , which he got when he ventured the breach of priviledge of parliament : provided the whole merits of the cause may have a fair hearing and determination before the lords : and if the plaintiff and claimant james percy , doth not prove himself to be the right true and next heir-male in blond of the percies of northumberland , then let them take all the money , and the plaintiff will freely acquit his claim for ever , and remain till death a loyal subject , and james percy . although his witnesses be dispers'd , a weeks time will bring them to town again , upon the sight of an order . for the claimant james percy ( by birth ) ought to enjoy the place , seat and priviledge of his ancestors , earls of northumberland ; but now he dares not appear , till an order be had . therefore he most humbly prays , that a fair hearing may be had , and that a true decision of his just cause and claim may be made , according to justice : so that the innocent may be preserved , and that the fraudulent practices not just may march off with shame : for heroick actions glorifies god , honours the king , and makes all the people shout for joy . god hath been pleased to make a true decision himself , which may be a president ; for he sent the claimant from his mothers womb with a crescent into the world , which is gods ensign of truth , and the very badge belonging to the percies earls of northumberland . in witness to this truth , i have set to my hand and seal , this 3d. of january , 1680 / 1. james percy . crescent from percy blazon the case of thomas lord fairfax, and katherine his wife; and john peshall esquire, and charlotte his wife fairfax, thomas fairfax, baron, 1657-1710. 1698 approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a40751 wing f255b estc r218943 99830494 99830494 34946 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a40751) transcribed from: (early english books online ; image set 34946) images scanned from microfilm: (early english books, 1641-1700 ; 2107:04) the case of thomas lord fairfax, and katherine his wife; and john peshall esquire, and charlotte his wife fairfax, thomas fairfax, baron, 1657-1710. 1 sheet ([1] p.) s.n., [london : 1698] imprint from wing. reproduction of the original at the bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng inheritance and succession -england -early works to 1800. 2006-11 tcp assigned for keying and markup 2006-11 aptara keyed and coded from proquest page images 2006-12 emma (leeson) huber sampled and proofread 2006-12 emma (leeson) huber text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the case of thomas lord fairfax , and katherine his wife ; and john peshall esquire , and charlotte his wife . thomas late lord culpeper , by indentures dated ( as in the margent ) settles his estate on divers persons therein named to the use of himself for life , and after for the benefit of several persons for whom he had respect , and took himself to be obliged to provide for , amongst others , for the raising of three thousand pounds portion for charlotte , now the wife of the said john peshall , payable at her attainment of the age of one and twenty , or day of marriage . that by the said deed , there are divers estates and limitations made , and granted to and for the benefit of the said lady katherine , subject to the several charges by the said deed created , and amongst others for the said 3000 l. note , in this settlement a power of revocation is reserved to the said thomas lord culpeper by will or deed , to alter , change , or make void any of the estates , uses or trusts ; and the reversion in fee is limited to the said thomas lord culpeper and his heirs . thomas lord culpeper makes his will and confirms the said settlement , and gives to the said charlotte the reversion of some farms in the isle of wight , and to the heirs of her body ; and for want of such , to his own right heirs ; and soon after the said thomas lord culpeper dies . thomas lord fairfax marries the said lady katherine , who was sole daughter and heir of thomas lord culpeper ; and finding by the said deed and will a considerable part of the estate was to go from his lady and her heirs , and what was to come to her was charged with so considerable a sum as 3000 l. to the said charlotte , and several other great payments ; endeavoured to set aside , and avoid the said deed and will , or the effect thereof ; and not only attempted it by suits in the ordinary courts of law , but by a bill in parliament without success . whereupon , the said lord fairfax finding he could not prevail against the said deed of settlement and will , did refer the matter in difference between him and the lady katherine his wife , and the said john peshall , and charlotte his wife , to several honourable and worthy persons , who upon examining into the same , made an agreement betwixt the parties , that the said lord fairfax should pay unto the said john peshall 4000 l. and were of opinion , that it was necessary to apply to the parliament for an act , for the more easie and better raising the money charged on the estate for the said charlotte , and for performing the agreement in all its parts . that accordingly a bill was prepared and brought into the honourable house of commons , who referred it to a committee ; and the right honourable john , now lord culpeper , petitioned against the passing of the said bill , and was heard by his counsel before the said committee , who having maturely considered of the matter , passeth the bill ; and now the said lord hath petitioned to be heard at the bar of the house before the bill do pass . the said lord surmizes by his petition , that there were several settlements made in the family , by which some estate is limited to him ; he produced no such , nor did make it credible on any reasonable grounds . but the said lord alleadges , that the committee ordered the lord fairfax to produce a deed of settlement of the estate in 1669 : and he produced a pretended copy . the lord fairfax produced all he had , which was a copy : but now one part of that deed is obtained and ready to be produced , which will justifie the copy produced to the committee to be true ; and that my lord culpeper can claim nothing by colour of that settlement , the estate being thereby limited to the heirs males of thomas lord culpeper by margaret his wife ; and for want of such , to thomas lord culpeper and his heirs for ever . as for the settlement alledged to be made on the marriage of alexander culpeper , elder brother to lord thomas , and the present lord john ; it does not stand to common reason there should ever be any such settlement , and upon strict search no such writing can be found : and for that john lord culpeper ▪ father of the late lord thomas , and the petitioner , did out-live his son alexander , and was seized in the fee-simple of his estate at his death ; and by his last will charges and devises his estate as a fee-simple to his eldest son thomas , to dispose of as he thought fit . as to the pretence , that my lord culpeper could prove a suppression or concealment of deeds , if my lord fairfaix would wave his priviledge ; 't is very surprizing to find it in the petition , when no evidence thereof was offered at the committee ; and tho' the said lord culpeper did ask my lord fairfax once to wave his priviledge , he never would say to what end , nor did my lord fairfax deny it . 't is likewise alleadged , that thomas lord culpeper was indebted to the said petitioner in 6000 l. and that his estate is chargable with the petitioners just debt in equity . 't is supposed , that matter ( if lookt into ) would prove an utter mistake , both as to the debt and remedy : for that the lands mentioned in the bill are not liable to pay the same , as will appear by the last will of the petitioner's father . but besides , in the bill now before the house , there is not only a general saving clause of all persons right ; but 't is consented , the said lord culpeper shall have a particular saving of all such right , title or claim , as he hath , can or may have in law or equity , to all or any part of the estate . note , this bill doth not destroy or abridge , or in any sort alter or prejudice any ancient settlement , if there was any such ; nor concern any person , but such as were concerned in the said reference and agreement . note , that great part of the estate setled in 1669. was of thomas lord culpeper's purchase , and with his wives , his then and yet living wife margarets portion . note , and that thomas lord culpeper in 1686. suffered a recovery , and by deed declared the use to himself and his heirs in fee. note also , that the petitioner , during the contest between the lord fairfaix and john peshall , and others , touching the validity of the said settlement of the 4th of october , and the said lord thomas's will , never set on foot any pretence for himself , or would assist my lord fairfax . note , the petitioners supposed debt is of above thirty years standing , and his demand which should arise on the fancied settlement is eight years old , and no suit hath been commenced for either . wherefore 't is hoped , this honourable house will not retard the passing this bill , but look on the objections thereto as proceeding from the memory of some vnkindnesses the petitioner imagines were done to him by his late brother ; in which the said lord fairfax and his lady , and the said mr. peshall , were no ways concerned , and therefore can deserve no blame or resentment . notes, typically marginal, from the original text notes for div a40751-e10 3 & 4 octob. 4 jac. 2. 19 jan. 1688. to the honourable, the knights, citizens, and burgesses of the commons house of parliament the humble petition of ierom hawley esquire, for and on the behalfe of phillip sture an infant, the sonne and heire of tristram sture. hawley, jerome, b. 1588 or 9. 1621 approx. 8 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a72256 stc 12967.5 estc s124988 99898883 99898883 150946 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a72256) transcribed from: (early english books online ; image set 150946) images scanned from microfilm: (early english books, 1475-1640 ; 1989:12) to the honourable, the knights, citizens, and burgesses of the commons house of parliament the humble petition of ierom hawley esquire, for and on the behalfe of phillip sture an infant, the sonne and heire of tristram sture. hawley, jerome, b. 1588 or 9. 1 sheet ([1] p.) w. jaggard, [london : 1621?] concerning a dispute between sture and sir miles fleetwood over inheritance--stc. imprint from stc. reproduction of original in the guildhall library, london, england. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng fleetwood, miles, d. 1641 -early works to 1800. inheritance and succession -early works to 1800. 2008-08 tcp assigned for keying and markup 2008-10 spi global keyed and coded from proquest page images 2008-12 john pas sampled and proofread 2008-12 john pas text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion to the honourable , the knights , citizens , and burgesses of the commons house of parliament . the humble petition of ierom hawley esquire , for and on the behalfe of phillip sture an infant , the sonne and heire of tristram sture . phillip sture . iohn sture . henry henry , who died without issue . frances a daughter 15. yeeres old . tristram phillip , six yeeres olde hvmbly sheweth , that phillip sture the common ancester , 21. eliz. vpon the marriage of iohn sture his son and heire , with elizabeth one of the daughters of sir robert denis , made a conueyance of his lands , whereof the greatest part he limited by that conueyance , to the heires males , some to the heyres of the body of iohn sture . and the rest he suffered to discend in fee-simple . this estate taile , hath bin found in foure seuerall succeeding offices , vpon the seuerall deaths of phillip sture , iohn sture , henry sture , & henry sture , wherof in the 2. first offices the deeds are found in hec verba . there are fifty leases , all reseruing rent to the heires males , whereof the first lease recites a power contained in the deed of intaile to make leases . yet sir miles fletwood , hauing gotten the wardship of frances the heire generall , and to aduance a marriage for his sonne after 35. yeeres peace , that is to say , hil. 12. iac. to draw into question this intaile against tristram then heire male , did so farre preuaile , as that hil. 13. iac. he obtained a decree . this decree hath these parts . 1. it doth direct a iury in matter of fact , and commandeth them to finde , that the most part of the lands limited to the heires male , did not passe by the conueyance . 2. it restraines a iury to finde otherwise then is thereby directed . 3. it inioynes the defendant from giuing of euidence vnto the iurie . 4. it forbids the commissioners to take any verdict offered by the iury , if it pursue not the directions of the decree . sir miles fletwood vpon this decree tooke forth three seuerall commissions , 18. martij , 13. iac. a iury was impannelled in the country , heard their euidence , were agreed for the heire male . sir miles fletwood , a iudiciall officer in the court , did prosecute this cause in person , and discouering the opinion of the iury , did publikely chide them , and with much importunity perswaded the iury to craue further time to consider of their euidence : and thereuppon at the instance of sir miles fletwood they were adiourned ouer vnto the next sessions . but in the meane time , sir miles got that iury to be discharged vpon a bare suggestion , that the iury was too meane to trie so great a matter : whereas m. thomas isacke the foreman , is a wise vnderstanding gentleman , and hath aboue 800. li. land per annum , and 14. of the rest of that iury , he that had least , was worth 3000. li. in easter terme , 14. iac. a new iury of esquires and gentlemen was returned , in iuly 14. iac. they heard their euidence in the country ( sir miles stil prosecuting in person . ) but sir miles fletwood afterward perceiuing , that the iury had declared themselues to be against his pretended title , got that second iury likewise to be discharged , and a new iury of knights and esquires to be returned , who were enioyned to appeare at the barre . which iury accordingly appeared in easter terme , 15. iac. the heire male brought his witnesses out of deuon , & his councell to the barre . but none were heard , the iury was sent from the barre , and charged to find according to the decree . this matter being notorious to the country , the iury returned answer , that the decree alone gaue their consciences no satisfaction , & vnlesse they might receiue euidence , they could finde no office . whereupon after 3. or 4. dayes attendance , they were adiourned ouer til michaelmas terme following . no. 3. they appeared againe at the barre , continued still of the same minde , were bound to appeare de die in diem , were examined vpon interrogatories , were threatned with fines and imprisonment , were continued so from day to day , aboue 3. weekes , and then m. hingston dying in that seruice , the rest of the iury were discharged . by this time sir miles fletwood did perceiue , that able and vnderstanding men were not for his purpose ; and therefore it was deuised , that a meaner iury would be found more tractable , and thereupon a fourth iury was returned , but that was so meane , as that vpon the commissioners certificate , 8. of them were discharged for insufficiency , and 8. others put into their roomes . this iury was often summoned , but the example of the precedent iury so terrified them , as that so long as there was any order to force them vp to the bar , they could neuer be drawne to appeare : but that order being discontinued , the iury presently appeared , were sworne and charged in the country : the heire-male brought his witnesses and councell ; pressed the commissioners to proceed , but the councell for sir miles fletwood pretended they were not ready , and therefore desired , that the iurie might be discontinued , which vpon their motion was done accordingly . this iury being thus discharged , sir miles inuented a new proiect , got an order for the resummoning of the same iury againe , drew paper draughts of such offices as he desired to be found , procured the court to signe those paper draughts , and by order to giue directions vnto the commissioners , not onely to fine the iury , but likewise to binde them ouer to the barre , if they refused to finde the said offices . depending this iury , the heire male was a sutor to the court to review the decree , & vpon a long suit , and many daies hearing in court , by the honorable iustice of the now master , the heire male was set at liberty from that decree . onely this inconuenience still rests vpon the heire male , that there is a sixt iury returned , and by the solicitation of s. miles they are enioyned to appeare at the bar , there to heare their euidence . this course is conceiued to be , 1. a great taxation to the country , to draw iurors to london , almost 200. miles from their dwellings , to finde offices . 2. a great mischiefe to the heire male . for by this deuice , he shall lose the benefit of his witnesses , they being many in number , and some of them blinde and very old , and cannot be brought to london , beside the great charge hee hath already sustayned , amounting to 1200. li. by meanes of this vexation . sir miles fletwood hath bin finding of an office now full 7. yeares and more . he hath had 14. seuerall commissions , and 6. seuerall iuries . those iuries haue attended aboue 20. seuerall adiournments . the wards rents are sequestred . his maiestie is kept by these suits , from the composition and benefit of wardship . therefore it is humbly prayed , that by the wisedome of this honourable parliament , some prouision may be made : 1. that the conscience of iurors be not from henceforth restrained in questions of fact . 2. that the subiect may be at liberty to giue euidence . 3. that no iury be drawne to the barre , out of the proper countie to finde any office . 4. that no office be an informer in the same court. 〈…〉 the case of the lord jeffreys, and the lady charlotte, his wife, sole daughter and heir of philip earl of pembroke, deceased, in relation to a bill entituled, an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions, held for the county of glamorgan. jeffreys of wem, john jeffreys, baron, 1673-1702. 1693 approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a78257 wing c1105a estc r227812 99896978 99896978 136234 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78257) transcribed from: (early english books online ; image set 136234) images scanned from microfilm: (early english books, 1641-1700 ; 2455:12) the case of the lord jeffreys, and the lady charlotte, his wife, sole daughter and heir of philip earl of pembroke, deceased, in relation to a bill entituled, an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions, held for the county of glamorgan. jeffreys of wem, john jeffreys, baron, 1673-1702. 1 sheet ([1] p.) s.n., [london? : 1693] imprint from wing cd-rom, 1996. publication date according to lady day dating. docket title reads: the case of the lord jeffreys. to be heard at the bar of the house of lords on friday the 17th of february, 1692. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng jeffreys of wem, charlotte jeffreys, -baroness, 1674 or 51733 -early works to 1800. jeffreys of wem, john jeffreys, -baron, 1673-1702 -early works to 1800. estates (law) -england -early works to 1800. inheritance and succession -england -early works to 1800. land tenure -england -early works to 1800. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of the lord jeffreys , and the lady charlotte , his wife , sole daughter and heir of philip , earl of pembroke deceased , in relation to a bill entituled , an act to set aside several amendments and alterations made in the records and writs of a fine and two recoveries in the grand sessions , held for the county of glamorgan . philip late earl of pembroke , being seized in tail male , with remainder over to the present earl , of several mannors and lands in the county of glamorgan , in consideration of a marriage to be had between him and henriette querovalle , and of 10000 l. portion , did by articles of that date , covenant with robert earl of sunderland , and sidney lord godolphin , to settle on her 1300 l. per annum , during her life , out of those mannors , in lieu of a joynture ; and entred into a statute of 20000 l. penalty to make good those articles . the marriage took effect , and the portion was paid ; and the late earl , to enable himself to make such settlement , employs mr. rider and mr. negus , his own servants , to get a fine and recovery , levied and suffered at the grand sessions held in glamorgan-shire in april 1675. and accordingly commissions of dedimus potestatem were taken out , and directed to mr , herbert salladine , mr. francis negus , and others , as commissioners to take the earls acknowledgment of the fine , and warrant of attorney for the recovery ; which were by salladine and negus duly executed and return'd . that mr. rider coming to the grand sessions was informed , that there were several freehold leases on several parts of the estate , and that the recovery would not bar the entail of those lands , unless such freehold leases were first surrendred ; and therefore mr. rider agrees with the compounder for the king's silver , to pass the fine and recovery at that time for 140 l. composition money ; which was also to be a satisfaction for a second fine and recovery , if any were esteemed necessary , for the tenements contained in such freehold leases : and in april 1675. a fine and recovery of the estate passed , and a chirograph of the fine , and an exemplification of the recovery were brought to sir john king , in order to have the settlement drawn by him ; and by his direction and advice the freehold leases were surrendred , and a fine and a 2 d. recovery duly suffered of those lands , at the grand sessions held in august after . and thereupon a chirograph of that fine , and an exemplification of that recovery were brought also and delivered to the said sir john king. that thereupon the earl by indenture , dat . 10. sep. 1675 , reciting both fines and recoveries to be duly levied and suffer'd , declar'd the uses thereof to himself and his heirs . and in pursuance of the said articles , and subsequent agreement secur'd to his countess a jointure of 1500 l. per annum , out of the said mannors and lands , of which the said fines and recoveries had pass'd . and upon the execution of the said fines and recoveries , and the said conveyances , the trustees of the countess delivered up the stat. of 20000 l. to the earl to be cancell'd . that in aug. 1685. earl philip dyed without issue male , leaving only one daughter , viz. the lady charlotte now wife of the lord jeffreys ; to whom all the said mannors and premisses , of which the said fine and recovery were suffer'd , descended ; and by whom after the earl's death , the premisses were enjoy'd , subject to the said jointure of the countess of pembroke . that the records and writs relating to the fines and recoveries are so carelesly kept in the county of glamorgan ; that many of them are torn , defac'd , rotten , lost , or otherwise embezzelled , by the neglect and default of the officers in the courts there . in hil. ter. 1687. tho. earl of pembroke , now lord privy seal ; hoping to take advantage of the misprision of the clerks in entring the said fines and recoveries , or of their negligence in keeping them , brought three several writs of error to reverse the first fine and both recoveries , which were return'd accordingly . that upon this occasion the countess being advised ; that the mistakes in the said fines and recoveries were amendable , and that upon a writ of error brought the court usually ordered amendments to be made , did , by the advice of her council , move the justices of the grand sessions of wales ; that the mistakes in the said fines and recoveries might be amended , and the several writs and parts of records , that were rotten , eaten by vermin or desac'd , might , as usually in like cases , be supply'd upon the testimony of living witnesses , who were concern'd in the said fine and recoveries . that upon this motion , the usual rule was made for amending and supplying the said writs , unless the earls council should at a time appointed show cause to the contrary . that upon hearing of council on both sides , and upon fight of many precedents of the like amendments in westminster-hall , and upon the opinion of many eminent council , and the oaths of several living witnesses , that commissions had issued , and were returned for the earls acknowledging the fine and recoveries , and that the usual writs and proceedings had been made in prosecuting and perfecting them , and that the records were kept in a confused manner , and in such places , that they were rotten , defac'd , or lost : and that whatever writ , or part of records was wanting , was rotten or eaten by vermin ; such of the defects , as were usually amendable , were by rule of court amended , or supplyed . since which proceedings the amended records are removed into the king's bench by certiorari , and by the rules of law the errors cannot be further proceeded in until the lady charlotte comes of age. the present earl hath now brought a bill in parliament , to set aside all these amendments by the legislative power , and to disenherit the heir at law. now forasmuch as these mistakes occasioned by the misprision or negligence of the clerk in making or keeping records have usually been amended and supplied . and forasmuch as many good laws have been made for the encouragement of amendments in the reigns of several of their majesties predecessors , which do yet stand in force . and forasmuch as a common recovery is favoured in law , more than any judgment or proceedings in any other real action : as being a common assurance made by the mutual consent of parties , and upon which most of the settlements in england , and the titles of purchasers do depend , and therefore hath been , and is usually amended and supported . and forasmuch as this precedent will be of fatal consequence to most of the estates in england , and more especially in wales , if the neglect , or misprision , or indirect acts of the clerks shall set aside all titles and settlements , contrary to the plain words of the deeds , and the testimony of many witnesses yet alive , and the known consent and meaning of the parties , without any relief , or amendment of those mistakes : and the rather since it cannot be denied , that the records in that county are kept in such place and manner , that there are no whole and entire proceedings in any fine or recovery , suffered and levied in the county of twenty years standing . it is therefore humbly pray'd , that this bill may not pass into an act. notes, typically marginal, from the original text notes for div a78257-e10 17 dec. 1647. 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. 1699 approx. 68 kb of xml-encoded text transcribed from 59 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a44106 wing h236 estc r14823 12279528 ocm 12279528 58630 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44106) transcribed from: (early english books online ; image set 58630) images scanned from microfilm: (early english books, 1641-1700 ; 629:4) 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. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng inheritance and succession -england. land tenure -england. primogeniture -england. 2008-01 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 john pas sampled and proofread 2008-05 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion 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 . 