Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/250

 236 herit. So alo, if they in fact decended to John Stiles from his father's mother Cecilia Kempe; here not only the blood of Lucy Baker his mother, but alo of George Stiles his father's father, is perpetually excluded. And, in like manner, if they be known to have decended from Frances Holland the mother of Cecilia Kempe, the line not only of Lucy Baker, and of George Stiles, but alo of Luke Kempe the father of Cecilia, is excluded. Whereas when the ide from which they decended is forgotten, or never known, (as in the cae of an etate newly purchaed to be holden ut feudum antiquum) here the right of inheritance firt runs up all the father's ide, with a preference to the male tocks in every intance; and, if it finds no heirs there, it then, and then only, reorts to the mother's ide; leaving no place untried, in order to find heirs that may by poibility be derived from the original purchaor. The greatet probability of finding uch was among thoe decended from the male ancetors; but, upon failure of iue there, they may poibly be found among thoe derived from the females.

I take to be the true reaon of the contant preference of the agnatic ucceion, or iue derived from the male ancetors, through all the tages of collateral inheritance; as the ability for peronal ervice was the reaon for preferring the males at firt in the direct lineal ucceion. We fee clearly, that, if males had been perpetually admitted, in utter excluion of females, the tracing the inheritance back through the male line of ancetors mut at lat have inevitably brought us up to the firt purchaor: but, as males have not been perpetually admitted, but only generally preferred; as females have not been utterly excluded, but only generally potponed to males; the tracing the inheritance up through the male tocks will not give us abolute demontration, but only a trong probability, of arriving at the firt purchaor; which, joined with the other probability, of the wholenes or entirety of blood, will fall hort of a certainty. Rh