Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/252

 238 In default of which, we mut call in the iue of Charles and Mary Holland, the parents of his paternal grandmother's mother: (№ 13.) — and o 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 alo pent. — Whereby the paternal blood of John Stiles entirely failing, recoure mut then, and not before, be had to his maternal relations; or the blood of the Bakers, (№ 14, 15, 16.) Willis's, (№ 17.) Thorpes, (№ 18, 19.) and Whites; (№ 20.) in the ame regular ucceive order as in the paternal line.

tudent hould however be informed, that the clas, № 10, would be potponed to № 11, in conequence of the doctrine laid down, arguendo, by jutice Manwoode, in the cae of Clere and Brooke ; from whence it is adopted by lord Bacon, and ir Matthew Hale. And yet, notwithtanding thee repectable authorities, the compiler of this table hath ventured to give the preference therein to № 10 before № 11; for the following reaons: 1. Becaue this point was not the principal quetion in the cae of Clere and Brooke; but the law concerning it is delivered obiter only, and in the coure of argument, by jutice Manwoode; though afterwards aid to be confirmed by the three other jutices in eparate, extrajudicial, conferences with the reporter. 2. Becaue the chief-jutice, ir James Dyer, in reporting the reolution of the court in what eems to be the ame cae, takes no notice of this doctrine. 3. Becaue it appears, from Plowden's report, that very many gentlemen of the law were diatisfied with this poition of jutice Manwoode. 4. Becaue the poition itelf detroys the otherwie entire and regular ymmetry of our legal coure of decents, as is manifet by inpecting the table; and detroys alo that contant preference of the male tocks in the law of inheritance, for which an additional reaon is before given, beides the mere dignity of blood. 5. Becaue it introduces all that uncertainty and contradiction, which is pointed Rh