the history of the common law of england-及33何蛍
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
any Ancestor�察�makes him�察�as it were the Root of the Descent equally to many Intents as if he had been a Purchaser�察�and therefore he that cannot�察�according to the Rules of Descents�察�derive his Succession from him that was left actually seised�察�tho' he might have derived it from some precedent Ancestor�察�shall not inherit。 And hence it is�察�That where Lands descend to the eldest Son from the Father�察�and the Son enters and dies without Issue�察�his Sister of the whole Blood shall inherit as Heir to the Brother�察�and not the younger Son of the half Blood�察�because he cannot be Heir to the Brother of the half Blood�此�But if the eldest Son had survived the Father and died before Entry�察�the youngest Son should inherit as Heir to the Father�察�and not the Sister�察�because he is Heir to the Father that was last actually seised。 And hence it is�察�That tho' the Uncle is preferred before the Father in Descents to the Son�察�yet if the Uncle enter after the Death of the Son�察�and die without Issue�察 �the Father shall inherit to the Uncle�察�quia Seisina facit Stipitem。 Sixthly�察�That whosoever derives a Title to any Land�察�must be of the Blood to him that first purchased it�此�And this is the Reason why�察�if the Son purchase Lands and dies without Issue�察�it shall descend to the Heirs of the Part of the Father�察�and if he has none�察�then to the Heirs on the Part of the Mother�察�because�察 �tho' the Son has both the Blood of the Father and of the Mother in him�察�yet he is of the whole Blood of the Mother�察�and the Consanguinity of the Mother are Consanguinei Cognati of the Son。 And of the other Side�察�if the Father had purchased Lands�察�and it had descended to the Son�察�and the Son had died without Issue�察 �and without any Heir of the Part of the Father�察�it should never have descended in the Line of the Mother�察�but escheated�此�For tho' the Consanguinei of the Mother were the Consanguinei of the Son�察 �yet they were not of Consanguinity to the Father�察�who was the Purchaser�察�but if there had been none of the Blood of the Grandfather�察�yet it might have resorted to the Line of the Grandmother�察�because her Consanguinei were as well of the Blood of the Father�察�as the Mother's Consanguinity is of the Blood of the Son�此�And consequently also�察�if the Grandfather had purchased Lands�察�and they had descended to the Father�察�and from him to the Son�察�if the Son had entred and died without Issue�察�his Father's Brothers or Sisters�察�or their Descendants�察�or�察�for want of them�察 �his Great´Grandfather's Brothers or Sisters�察�or their Descendants�察�or�察�for want of them�察�any of the Consanguinity of the Great´Grandfather�察�or Brothers or Sisters of the Great´Grandmother�察�or their Descendants�察�might have inherited�察 �for the Consanguinity of the Great´Grandmother was the Consanguinity of the Grandfather�察�but none of the Line of the Mother�察�or Grandmother�察�viz。 the Grandfather's Wife�察�should have inherited�察�for that they were not of the Blood of the first Purchaser。 And the same Rule e converso holds in Purchases in the Line of the Mother or Grandmother�察�they shall always keep in the same Line that the first Purchaser settled them in。 But it is not necessary�察�That he that inherits be always Heir to the Purchaser�察�it is sufficient if he be of his Blood�察�and Heir to him that was last seised。 The Father purchases Lands which descended to the Son�察�who dies without Issue�察�they shall never descend to the Heir of the Part of the Son's Mother�察�but if the Son's Grandmother has a Brother�察�and the Son's Great´Grandmother hath a Brother�察�and there are no other Kindred�察 �they shall descend to the Grandmother's Brother�察�and yet if the Father had died without Issue�察�his Grandmother's Brother should have been preferred before his Mother's Brother�察�because the former was Heir of the Part of his Father tho' a Female�察�and the latter was only Heir of the Part of his Mother�察�but where the Son is once seized and dies without Issue�察�his Grandmother's Brother is to him Heir of the Part of his Father�察�and being nearer than his Great Grandmother's Brother�察�is preferred in the Descent。 But Note�察�This is always intended so long as the Line of Descent is not broken�察�for if the Son alien those Lands�察�and then repurchase them again in Fee�察�now the Rules of Descents are to be observ'd as if he were the original Purchaser�察�and as if it had been in the Line of the Father or Mother。 Seventhly�察�In all Successions�察�as well in the Line Descending�察�Transversal�察�or Ascending�察�the Line that is first derived from a Male Root has always the Preference。 Instances whereof in the Line Descending�察�&c。 viz。 A。 has Issue two Sons B。 and C。 B。 has Issue a Son and a Daughter D。 and E。 D。 the Son has Issue a Daughter F。 and E。 the Daughter has Issue a Son G。 Neither C。 nor any of his Descendants�察�shall inherit so long as there are any Descendants from D。 and E。 and neither E。 the Daughter�察�nor any of her Descendants�察�shall inherit so long as there are any Descendants from D。 the Son�察�whether they be Male or Female。 So in Descents Collateral�察�as Brothers and Sisters�察�the same Instances apply'd thereto�察�evidence the same Conclusions。 But in Successions in the Line Ascending�察�there must be a fuller Explication�察�because it is darker and more obscure�察�I shall therefore set forth the whole Method of Transversal Ascending Descents under the Eight ensuing Rules�察�viz。 First�察�If the Son purchases Lands in Fee´Simple�察�and dies without Issue�察�those of the Male Line ascending�察�usque infinitum shall be preferred in the Descent�察�according to their Proximity of Degree to the Son�察�and therefore the Father's Brothers and Sisters and their Descendants shall be preferred before the Brothers�察�of the Grandfather and their Descendants�察�and if the Father had no Brothers nor Sisters�察�the Grandfather's Brothers and their Descendants�察�and for want of Brothers�察�his Sisters and their Descendants�察�shall be preferr'd before the Brothers of the Great Grandfather�此�For altho' by the Law of England the Father or Grandfather cannot immediately inherit to the Son�察�yet the Direction of the Descent to the Collateral Ascending Line�察�is as much as if the Father or Grandfather had been by Law inheritable�察 �and therefore as in Case the Father had been inheritable�察�and should have inherited to the Son before the Grandfather�察�and the Grandfather�察�before the Great´Grandfather�察�and consequently if the Father had inherited and died without Issue�察�his eldest Brother and his Descendants should have inherited before the younger Brother and his Descendants�察�and if he had no Brothers but Sisters�察�the Sisters and their Descendants should have inherited before his Uncles or the Grandfather's Brothers and their Descendants。 So though the Law of England excludes the Father from inheriting�察�yet it substitutes and directs the Descent as it should have been�察�had the Father inherited�察�viz。 It lets in those first that are in the next Degree to him。 Secondly�察�The second Rule is this�此�That the Line of the Part of the Mother shall never inherit as long as there are any�察�tho' never so remote�察�of the Line of the Part of the Father�察�and therefore�察�tho' the Mother has a Brother�察�yet if the Atavus or Atavia Patris ��i。 e。 the Great´Great´Great´Grandfather�察�or Great´Great´Great´Grandmother of the Father�� has a Brother or a Sister�察�he or she shall be preferred�察�and exclude the Mother's Bother�察�though he is much nearer。 Thirdly�察�But yet further。 The Male Line of the Part of the Father ascending�察�shall in AEternum exclude the Female Line of the Part of the Father ascending�察�and therefore in the Case proposed of the Son's purchasing Lands and dying without Issue�察 �the Sister of the Father's Grandfather�察�or of his Great´Grandfather�察�and so in infinitum shall be preferred before the Father's Mother's Brother�察�tho' the Father's Mother's Brother be a Male�察�and the Father's Grandfather or Great´Grandfather's Sister be a Female�察�and more remote�察�because she is of the Male Line�察�which is more worthy than the Female Line�察�though the Female Line�察�be also of the Blood of the Father。 Fourthly�察�But as in the Male Line ascending�察�the more near is preferred before the more remote�察�so in the Female Line descending�察�so it be of the Blood of the Father�察�it is preferred before the more remote。 The Son�察�therefore purchasing Lands�察�and dying without Issue�察�and the Father�察�Grandfather�察�and Great´Grandfather�察�and so upward�察�all the Male Line being dead without any Brother or Sister�察�or any descending from them�察�but the Father's Mother has a Sister or Brother�察�and also the Father's Grandmother has a Brother�察�and likewise the Father's GreatGrandmother has a Brother�此�Tho' it is true�察�that all these are of the Blood of the Father�察�and tho' the very remotest of them�察�shall exclude the Son's Mother's Brother�察�and tho' it be also true�察�that the Great´Grandmother's Blood has passed through more Males of the Father's Blood than the Blood of the Grandmother or Mother of the Father�察�yet in this Case�察�the Father's Mother's Sister shall be preferred before the Father's Grandmother's Brother�察�or the Great Grandmother's Brother�察 �because they are all in the Female Line�察�viz。 Cognati ��and not Agnati���察�and the Father's Mother's Sister is the nearest�察�and therefore shall have the Preference as well as in the Male Line ascending�察�the Father's Brother or his Sister shall he preferred before the Grandfather's Brother。 Fifthly�察�But yet in the last Case�察�where the Son purchases Lands and dies without Issue�察�and without any Heir on the Part of the Grandfather�察�the Lands shall descend to the Grandmother's Brother or Sister�察�as Heir on the Part of his Father�察�yet if the Father had purchased this Land and died�察�and it descended to his Son who died without Issue�察�the Lands should not have descended to the Father's Mother's Brother or Sister�察�for the Reasons before given in the Third Rule�此�But for want of Brothers or Sisters of the Grandfather�察�Great´Grandfather�察�and so upwards in the Male ascending Line�察�it should descend to the Father's Grandmother's Brother or Sister which is his Heir of the Part of his Father�察�who should be preferred before the Father's Mother's Brother��