Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/249

 Ch. 14., I am inclined to think, that this rule of our laws does not owe it's immediate original to any view of conformity to thoe which I have jut now mentioned; but was etablihed in order to effectuate and carry into execution, the fifth rule or canon before laid down; that every heir mut be of the blood of the firt purchaor. For, when uch firt purchaor was not eaily to be dicovered after a long coure of decents, the lawyers not only endeavoured to invetigate him by taking the next relation of the whole blood to the peron lat in poeion; but alo, conidering that a preference had been given to males (by virtue of the econd canon) through the whole coure of lineal decent from the firt purchaor to the preent time, they judged it more likely that the land hould have decended to the lat tenant from his male than from his female ancetors; from the father (for intance) rather than from the mother; from the father's father, rather than the father's mother: and therefore they hunted back the inheritance (if I may be allowed the expreion) through the male line; and gave it to the next relations on the ide of the father, the father's father, and o upwards; imagining with reaon that this was the mot probable way of continuing it in the line of the firt purchaor. A conduct much more rational than the preference of the agnati by the Roman laws: which, as they gave no advantage to the males in the firt intance or direct lineal ucceion, had no reaon for preferring them in the tranvere collateral one: upon which account this preference was very wiely abolihed by Jutinian.

this was the true foundation of the preference of the agnati or male tocks, in our law, will further appear if we conider, that, whenever the lands have notoriouly decended to a man from his mother's ide, this rule is totally revered, and no relation of his by the father's ide, as uch, can ever be admitted to them; becaue he cannot poibly be of the blood of the firt purchaor. And o, e convero, if the lands decended from the father's ide, no relation of the mother, as uch, hall ever in- Rh