Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/226

 212 eied, was really feudum antiquum, or one decended to him from his ancetors, the father could not poibly ucceed to it, becaue it mut have paed him in the coure of decent, before it could come to the on; unles it were feudum maternum, or one decended from his mother, and then for other reaons (which will appear hereafter) the father could in no wife inherit it. And if it were feudum novum, or one newly acquired by the on, then only the decendants from the body of the feudatory himelf could ucceed, by the known maxim of the early feodal contitutions ; which was founded as well upon the peronal merit of the vaal, which might be tranmitted to his children but could not acend to his progenitors, as alo upon this conideration of military policy, that the decrepit grandire of a vigorous vaal would be but indifferently qualified to ucceed him in his feodal ervices. Nay, even if this feudum novum were held by the on ut feudum antiquum, or with all the qualities annexed of a feud decended from his ancetors, uch feud mut in all repects have decended as if it had been really an antient feud; and therefore could not go to the father, becaue, if it had been an antient feud, the father mut have been dead before it could have come to the on. Thus whether the feud was trictly novum, or trictly antiquum, or whether is was novum held ut antiquum, in none of thee caes the father could poibly ucceed. Thee reaons, drawn from the hitory of the rule itelf, eem to be more atisfactory than that quaint one of Bracton, adopted by ir Edward Coke , which regulates the decent of lands according to the laws of gravitation.

II. general rule or canon is, that the male iue hall be admitted before the female. Rh