Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/253

 Ch. 14. out by an ingenious author ; and etablihes a collateral doctrine, incompatible with the principal point reolved in the cae of Clere and Brooke, viz. the preference of № 11 to № 14. And, though that learned writer propoes to recind the principal point then reolved, in order to clear this difficulty; it is apprehended, that the difficulty may be better cleared, by rejecting the collateral doctrine, which was never yet reolved at all. 6. Becaue by the reaon that is given for this doctrine, in Plowden, Bacon, and Hale, (viz. that in any degree, paramount the firt, the law repecteth proximity, and not dignity of blood) № 18 ought alo to be preferred to № 16; which is directly contrary to the eighth rule laid down by Hale himelf. 7. Becaue this poition eems to contradict the allowed doctrine of ir Edward Coke ; who lays it down (under different names) that the blood of the Kempes (alias Sandies) hall not inherit till the blood of the Stiles's (alias Fairfields) fail. Now the blood of the Stiles's does certainly not fail, till both № 9 and № 10 are extinct. Wherefore № 11 (being the blood of the Kempes) ought not to inherit till then. 8. Becaue in the cae, Mich. 12 Edw. IV. 14 . (much relied on in that of Clere and Brooke) it is laid down as a rule, that "cetuy, que doit inheriter al pere, doit inheriter al fits." And o ir Matthew Hale ays, "that though the law excludes the father from inheriting, yet it ubtitutes and directs the decent, as it hould have been, had the father inherited." Now it is ettled, by the reolution in Clere and Brooke, that № 10 hould have inherited to Geoffrey Stiles, the father, before № 11; and therefore № 10 ought alo to be preferred in inheriting to John Stiles, the on.

cae John Stiles was not himelf the purchaor, but the etate in fact came to him by decent from his father, mother, or any higher ancetor, there is this difference; that the blood of that line of ancetors, from which it did not decend, can never Rh