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CHAPTER II. DESCENT. SECTION I. IN GENEUAL. St. 20 Hex. III.
(merton) c. 9. ? To the King's Writ of Bastardy, whether one being
born before matrimony maj- inherit in like manner as he that is
born after matrimony, all the bishops answered, that they would
not, nor could not, answer' to it; because it was directly against
the common order of the Church. (2) And all the bishops instanted
the Lords, that they would consent, that all such as were born
afore matrimony should be legitimate, as well as they that be born
within matrimony, as to the succession of inheritance, forso- mnch
as the Church accepteth such for legitimate. And all the Earls and
Barons with one voice answered, that they would not change the laws
of the realm, which hitherto have been used and approved. Lit. 2.
And if a man purchase land in fee simple and die without issue, he
which is his next cousin collateral of the whole blood, how far
soever he be from him in degree, may inherit and have the laud as
heir to him. Lit. 3. But if there be father and son, and the father
hath a brother that is uncle to the son, and the son purchase land
in fee simple, and die without issue, living his father, the uncle
shall have the land as heir to the son, and not the father, yet the
father is nearer of blood; because it is a maxim in law, that
inheritance may lineally descend, but not ascend. Yet if the son in
this case die without issue, and his uncle enter into the land as
heir to the son (as by law he ought) and after the uncle dieth
without issue, living the father, the father shall have the land as
heir to the uncle, and not as heir to his son, for that he cometh
to the land by collateral descent and not by lineal ascent. Lit. 4.
And in case where the son purchaseth land in fee simple, and dies
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John Chipman Gray
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