tracing the inheritance up through the male stocks will not give us absolute demonstration, but only a strong probability, of arriving at the first purchasor: which, joined with the other probability, of the wholeness or entirety of blood, will fall little short of a certainty. Before we conclude this branch of our enquiries, it may not be amiss to exemplify these rules by a short sketch of the manner in which we must search for the heir of a person, as John Stiles, who dies seised of land which he acquired, and which therefore he held as a feud of indefinite antiquity."

In the first place succeeds the eldest son, Matthew Stiles, or his issue: (no 1.)- if his line be extinct, then Gilbert Stiles and the other sons, respectively, in order of birth, or their issue; (no 2.)—in default of these, all the daughters together, Margaret and Charlotte Stiles, or their issue. (no 3.)-On failure of the descendants of John Stiles himself, the issue of Geoffrey and Lucy Stiles, his parents, is called in: viz. first, Francis Stiles, the eldest brother of the whole blood, or his issue: (no 4.)- then Oliver Stiles, and the other whole brothers, respectively, in order of birth or their issue; (no 5.) then the sisters of the whole blood all together, Bridget and Alice Stiles, or their issue. (no 6.) - In defect of these, the issue of George and Cecilia Stiles, his father's parents; respect being still had to their age and sex: (no 7.)-then the issue of Walter and Christian Stiles, the parents of his paternal grandfather: (no 8.)-then the issue of Richard and Anne Stiles, the parents of his paternal grandfather's father: (no 9.)—and so on in the paternal grandfather's paternal line, or blood of Walter Stiles, in infinitum. In defect of these, the issue of William and Jane Smith, the parents of his paternal grandfather's mother: (no 10.) and so on in the paternal grandfather's maternal line,

r See the table of descents annexed.

3 Only omitted by mistake.

or blood of Christian Smith, in infinitum; till both the [238] immediate bloods of George Stiles, the paternal grandfather, are spent. Then we must resort to the issue of Luke and Frances Kempe, the parents of John Stiles's paternal grandmother: (no 11.)—then to the issue of Thomas and Sarah Kempe, the parents of his paternal grandmother's father: (no 12.)-and so on in the paternal grandmother's paternal line, or blood of Luke Kempe, in infinitum.—In default of which we must call in the issue of Charles and Mary Holland, the parents of his paternal grandmother's mother: (no 13.) — and so on in the paternal grandmother's maternal line, or blood of Frances Holland, in infinitum; till both the immediate bloods of Cecilia Kempe, the paternal grandmother, are also spent. - Whereby the paternal blood of John Stiles entirely failing, recourse must then, and not before, be had to his maternal relations; or the blood of the Bakers (no 14, 15, 16.), Willis's (no 17.), Thorpes (no 18, 19.), and Whites (no 20.); in the same regular successive order as in the paternal line.

The student should however be informed, that the class, no 10, would be postponed to no 11, in, consequence of the doctrine laid down, arguendo, by justice Manwoode, in the case of Clere and Brooke; from whence it is adopted by lord Bacon, and sir Matthew Hale. And yet, notwithstanding these respectable authorities, the compiler of this table hath ventured 9 to give the preference therein to no 10 before no 11; for the following reasons: 1. Because this point was not the principal question in the case of Clere and Brooke;

9 Ninth edition inserts, ": because it is said, that all female ancestors on the part of the father are equally worthy of blood; and, in that case, proximity shall prevail."

9 Ninth edition inserts, "(in point of theory; for the case never yet occurred in practice)."

9 Ninth edition omits.

W

but the law concerning it is delivered obiter only, and in the course of argument, by justice Manwoode; though afterwards said to be confirmed by the three other justices in separate, extrajudicial, conferences with the reporter. 2. Because the chief justice, sir James Dyer, in reporting the resolution of the court in what seems to be the same case, takes no notice of this doctrine. 3. Because it appears from Plowden's report, that very many gentlemen of the law were dissatisfied [239] with this position of justice Manwoode. 4. Because the position itself destroys the otherwise entire and regular syminetry of our legal course of descents, as is manifest by inspecting the table; and destroys also that constant preference of the male stocks in the law of inheritance, for which an additional reason is before given, besides the mere dignity of blood. 5. Because it introduces all that uncertainty and contradiction, which is pointed out by an ingenious author: " and establishes a collateral doctrine, incompatible with the principal point resolved in the case of Clere and Brooke, viz. the preference of no 11 to no 14. And, though that learned writer proposes to rescind the principal point then resolved, in order to clear this difficulty; it is apprehended, that the difficulty may be better cleared, by rejecting the collateral doctrine, which was never yet resolved at all. 6. Because by the reason that is given for this doctrine, in Plowden, Bacon, and Hale (viz. that in any degree, paramount w Dyer. 314.

u

Law of Inheritances. 2d edit. pag. 30. 38. 61, 62, 66.

9 Ninth edition inserts, "; since the blood of no 10 was derived to the purchasor through a greater number of males than the blood of no 11, and was therefore in their opinion the more worthy of the two."

9 Ninth edition reads, "wherein no 16, which is analogous in the maternal line to no 10 in the paternal, is preferred to no 18, which is analogous to no 11, upon the authority of the eighth rule laid down by Hale himself: and it."

9 Ninth edition inserts note "t Pag. 235, 6, 7."

9 Ninth edition inserts, "(viz. the preference of no 11 to no 10) seemingly, though not perhaps strictly."

the first, the law respecteth proximity, and not dignity of blood), no 18 ought also to be preferred to no 16; which is directly contrary to the eighth rule laid down by Hale himself.w9 7. Because this position seems to contradict the allowed doctrine of sir Edward Coke; * who lays it down (under different names) that the blood of the Kempes (alias Sandies) shall not inherit till the blood of the Stiles's (alias Fairfields) fail. Now the blood of the Stiles's does certainly not fail, till both no 9 and no 10 are extinct. Wherefore no 11 (being the blood of the Kempes) ought not to inherit till then. 8. Because in the case, Mich. 12 Edw. IV. 147 (much relied on in that of Clere and Brooke), it is laid down as a rule, that "cestuy, que doit inheriter al pere, doit inheriter al fits." And so sir Matthew Hale' says "that though the law excludes the father from inheriting, yet it substitutes and directs the descent, as it should have been, had the father inherited." Now it is settled, by the resolution in Clere [240] and Brooke, that no 10 should 9 have inherited to Geoffrey Stiles, the father, before no 11; and therefore no 10 ought also to be preferred in inheriting to John Stiles, the son.

In case John Stiles was not himself the purchasor, but the estate in fact came to him by descent from his father, mother, or any higher ancestor, there is this difference; that the blood of that line of ancestors, from

W Hist. C. L. 247.

x Co. Litt. 12. Hawk, abr. in loc.

y Fitzh. Abr. tit. discent. 2. Bro. Abr. t. discent. 3.

z Hist. C. L. 243.

9 Ninth edition reads, "the reason that is given for this doctrine, by lord Bacon (riz. that in any degree, paramount the first, the law respecteth proximity, and not dignity of blood), is directly contrary to many instances given by Plowden and Hale, and every other writer on the law of descents."

9 Ninth edition inserts note, "a see pag. 223."

9 Ninth edition reads "be."

9 Ninth edition inserts, "before no 11."

9 Ninth edition reads, "had been the person last seised."

Thus, if

which it did not descend, can never inherit. it descended from Geoffrey Stiles, the father, the blood of Lucy Baker, the mother, is perpetually excluded: and so, vice versa, if it descended from Lucy Baker, it cannot descend to the blood of Geoffrey Stiles. This, in either case, cuts off one half of the table from any possible succession. And farther, if it can be shewn to have descended from George Stiles, this cuts off three fourths; for now the blood, not only of Lucy Baker, but also of Cecilia Kempe, is excluded. If, lastly, it descended from Walter Stiles, this narrows the succession still more, and cuts off seven eighths of the table; for now, neither the blood of Lucy Baker, nor of Cecilia Kempe, nor of Christian Smith, can ever succeed to the inheritance. And the like rule will hold upon descents from any other ancestors.

The student should bear in mind, that, during this whole process, John Stiles is the person supposed to have been last actually seised of the estate. For if ever it comes to vest in any other person, as heir to John Stiles, a new order of succession must be observed upon the death of such heir; since he, by his own seisin, now becomes himself an ancestor, or, stipes, and must be put in the place of John Stiles. The figures therefore denote the order, in which the several classes would succeed to John Stiles, and not to each other: and before we search for an heir in any of the higher figures (as no 8.), we must be first assured that all the lower classes (from no 1 to no 7.) were extinct, at John Stiles's decease.

NOTES OF THE AMERICAN EDITOR TO CHAPTER XIV.

(42) The method of computing these degrees in the canon law, which our law has adopted, page 206. The difference of the computation by the civil and 9 Ninth edition inserts, ": as was formerly fully explained.4" [a See page 236.]

9 Ninth edition omits.

9 Ninth edition inserts, "as is there exemplified."