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land into every county to a lord or earl, did counties, &c. ',' , .....

Likewise call- direct that those earls, within their

iu"s franc! pie- limits> should look to the matter of the gii-" peace, and take charge of the consta

bles, and reform public annoyances, and swear the people to the crown, and take pledges of the freemen for their allegiance; for which purpose the county did once every year keep a court, called the Sheriff's Turn; at which all the county, except women, clergy, children under twelve, and aged above sixty, did appear to give or renew their pledges for allegiance. And the court was called, " Curia visus franci plegii," a view of the pledges of freemen; or " Turna comitatus."

At which meeting or court there fell, Subdivision of ■ • _ » *. Li: ,

the county by occasion of great assemblies, much

hundreds! blood-shed, scarcity of victuals, mutinies, and the like mischiefs, which are incident to the congregations of people, by which the king was moved to allow a subdivision of every county into hundreds, and every hundred to have a court, whereunto the people of every hundred should be assembled twice a year for survey of pledges, and use of that justice which was formerly executed in that grand court for the county; and the count or earl appointed a bailiff under him to keep the hundred court.

•n,. But in the end, the kings of this

The charge , .' °

of the county realm found it necessary to have all

earis"a^°dmthe execution of justice immediately from the'sileriff"1 '° 'hemselves, by such as were more bound than earls to that service, and readily subject to correction for their negligence or abuse; and therefore took to themselves the appointing a sheriff yearly in every county, calling them "Vicecomites," and to them directed such writs and precepts for executiry. justice in the county, as fell out needful to have been despatched, committing to the sheriff custodiam comitatus; by which the earls were spared of their toils and labours, and Th h tri 'hat was laid upon the sheriffs. So as judge* oVaiiS now 'he sheriff doth all the king's

hundred business in the county, and that is now courts, &c. _ . *1 .

called the Sheriff s Turn; that is to

say, he is judge of this grand court for the county,

and also of all hundred courts not given away from

the crown.

County court He hath another court called the

kept monthly county court, belonging to his office, by the sheriff. . }. ' 6 s .

wherein men may sue monthly for any

debt or damages under 40*. and may have writs for

to replevy their cattle distrained and impounded by

others, and there try the cause of their distress;

and by a writ called justifies, a man may sue for

any sum; and in this court the sheriff by a writ

called an eiigent doth proclaim men sued in courts

above to render their bodies, or else they be outlawed.

This sheriff doth serve the king's

Uie^sherlff' °f w"'s °' process, be they summons, or

attachments, to compel men to answer

to the law, and all writs of execution of the law,

according to judgments of superior courts for taking

of men's goods, lands, or bodies, as the cause

requireth.

The hundred courts were most of them granted to religious men, noble- ro"rts'o men, and others of great place. And '"'^JjJ^' fi*st also many men of good quality have attained by charter, and some by usage within manors of their own, liberty of keeping law-days, and to use their justice appertaining to a law-day.

Whosoever is lord of the hundred court, is to appoint two high constables {ju^^'^ of the hundred, and also is to appoint appoint two in every village a petty constable, with consUr a tithing-man to attend in his absence, and to be at his commandment when he is present, in all services of his office for his assistance.

There have been, by use and statute law, besides surveying of the pledges of they \nquJre* freemen, and giving l he oath of allegi- °£wj".JaDd ance, and making of constables, many additions of powers and authority given to the stewards of leets and law-days, to be put in use in their courts; as for example, they may punish inn-keepers, victuallers, bakers, butchers, poulterers, fishmongers, and tradesmen of all sorts, selling with under-weights or measures, or at excessive prices, or things unwholesome, or ill made, in deceit of the people. They may punish those that do stop, straiten, or annoy the highways, or do not, according to the provision enacted, repair or amend them, or divert water-courses, or destroy fry of fish, or use engines or nets to take deer, conies, pheasants, or partridges, or build pigeon-houses; except he be lord of the manor, or parson of the church. They may also take presentment upon oath of the twelve sworn jury before them of all felonies; but they cannot try the malefactors, only they must by indenture deliver over those presentments of felony to the judges, when they come their circuits into that county. All those courts before mentioned are in use, and exercised as law at this day, concerning the sheriffs lawdays and leets, and the offices of high constables, petty constables, andtithing-men; howbeit, with some further additions by statute laws, laying charge upon them for taxation for poor, for soldiers, and the like, and dealing without corruption, and the like.

Conservators of the peace were in conservators

ancient times certain which were as- oftbepeace

signed by the king to see the peace term or hie. or

maintained, and they were called to the ai,ne k'ns's

— . r pleasure.

office by the king s writ, to continue for
term of their lives, or at the king's pleasure.

For this service, choice was made of What their the best men of calling in the country, oli'ce and but few in the shire. They might bind any man to keep the peace, and to good behaviour, by recognizance to the king with sureties, and they might by warrant send for the party, directing their warrant to the sheriff or constable, as they please, to arrest the party and bring him before them. This they used to do, when complaint was made by any that he stood in fear of another, and so took his oath; or else where the conservator himself did, without oath or complaint, see the disposition of any man inclined to quarrel and breach of the peace, or to misbehave himself in some outrageous manner of

force or fraud: there by his own discretion he might

send for such a fellow, and make him find sureties

of the peace, or of his good behaviour, as he should

see cause; or else commit him to the gaol if he

refused. •

The judges of either bench in West

CThe'ptace8 minster, barons of the exchequer, master

by virtue ot 0f the rolls, and justices in eyre and astheir office. . ..... ,. ...

sizes in their circuits, were all, without

writ, conservators of the peace in all shires of England, and continue to this day. Justices or now at ,n's dRV conservators of

peace ordain- the peace are out of use, and in lieu of ci.nst-rvators. them there are ordained justicesof peace,

I'owerof plac- agsigned by the king's commissions in nig delegated ° ' ...

to the chan- every county, which are movable at

cellor. tne kjng>8 piengure; but the power of

placing and displacing justices of the peace is by use delegated from the king to the chancellor.

That there should be justices of peace by commissions, it was first enacted by a statute made 1 Edw. III. and their authority augmented by many statutes made since in every king's reign. To tine offend- They are appointed to keep four seser» to the sions every year; that is, every quarter crown, but rm. • r

not to recom- one. These sessions are a sitting of

party grieved tne ju8t'ccs *° despatch the affairs of Vari stat. their commissions. They have power

to. et.2v.CDyer to near an& determine,their sessions,

89. b. llsount all felonies, breaches of the peace, conpoierdin- . A . '

quier de mur- tempts and trespasses, so far as to fine

est'ftl'oii060 ^e onren('er ,0 tne crown, but not to award recompence to the party grieved. Authority of They are to suppress riots and tu

tbe justices of mults, to restore possessions forcibly peace. Ice. . r . „ . ,'

taken away, to examine all felons apprehended and brought before them; to see impotent poor people, or maimed soldiers provided for, according to the laws; and rogues, vagabonds, and beggars punished. They are both to license and suppress ale-houses, badgers of corn and victuals, and to punish forestallers, regrators, and ingrossers.

Through these, in effect, run all the county services to the crown, as taxations of subsidies, mustering men, arming them, and levying forces, that is done by a special commission or precept from the Beating, kill- k'nS- Any of these justices, by oath or houses.'"8 ta'ten by a man tnat he standeth in fear that another man will beat him, or kill him, or burn his house, are to send for the party by warrant of attachment directed to the

Attachments

for surely of sheriff or constable, and then to bind

e peace. ^e party with sureties by recognisance

to the king to keep the peace, and also to appear at

the next sessions of the peace; at which next ses

Recognisance sions, when every justice of the peace

of the peace hath therein delivered all their recogdelivered by . °

the justices at nisances so taken, then the parties are

their sessions. cajfed Rnd ,he cai)ge of b;naing t0 the

peace examined, and both parties being heard, the whole bench is to determine as they see cause, either to continue the party so bound, or else to discharge him.

The justices of peace in their sessions are attended by the constables and bai- ^"n^heM by

lifts of all hundreds and liberties within the justices of i , , , , . _ , . the peace,

the county, and by the sheriff or his

deputy, to be employed as occasion shall serve in

executing the precepts and directions of the court.

They proceed in this sort: The sheriff doth summon

twenty-four freeholders, discreet men of the said

county, whereof some sixteen are selected and sworn,

and have their charge to serve as the grand jury;

the party indicted is to traverse the indictment, or

else to confess it, nnd so submit himself to be fined

as the court shall think meet, regard had to the

offence, except the punishment be certainly appointed,

as often it is, by special statutes.

The justices of peace are many in The autriority every county, and to them are brought u(e^usa'pe90°t all traitors, felons, and other malefac- oftlwirses^ tors of any sort upon their first appre- 51onshension ; and that justice to whom they are brought examineth them, and heareth their accusations, but judgeth not upon it; only if he find the suspicion but light, then he taketh bond with sureties of the accused to appear either at the next assizes, if it be a matter of treason or felony ; or else at the quarter sessions, if it be concerning riot or misbehaviour, or some other small offence. And he also then bindeth to appear those that give testimony and prosecute the accusation, all the accusers and witnesses, and so setteth the party at large. And at the assizes or sessions, as the case falleth out, he certifieth the recognisances taken of the accused, accusers, and witnesses, who being there are called, and appearing, the cause of the accused is debated according to law for his clearing or condemning.

But if the party accused seem, upon pregnant matter in the accusation, and to the justice, to be guilty, and the offence heinous, or the offender taken with the mainour, then the justice is to commit the party by his warrant, called a mittimus, to the gaoler of the common gaol of the county, there to remain until the assizes. And then the justice is to certify his accusation, examination, and recognisance taken for the appearances and prosecution of the witnesses, so as the judges may, when they come, readily proceed with him as the law requireth.

The judges of the assizes as they be j„djresof as

now come into the place of the ancient »'«in place

., , _ of the ancient

justices in eyre, called "justiciani ltine- judges in eyre,

rantes," which in the prime kings after Tem- R- "•

the conquest,until H. lll.'s time especially,and after

in lesser measure even to R. II.'s time, did execute

the justice of the realm; they began in this sort.

The king, not able to despatch busi- King's bench,

ness in his own person, erected the JjJ^"*1'9

court of king's bench. That not able court,'sheriffs

to receive all, nor meet to draw the V"",9/hu"' • dreris, leets,

people all to one place, there were and law-days, ordained counties, and the sheriff's crown mat'"

turns, hundred courts, and particular ters; justices , , , , , I in eyre dealt

leets, and law-days, as before men- in private

tioned, which dealt only with crown ^"^'^fd9

matters for the public; but not the in all treasons

private titles of lands, or goods, nor the which the

county courts trial of grand offences of treasons and meddfed not fcionieg> Au ,he countieg of the Te^m

were divided into six circuits : and two learned men, well read in the laws of the realm, were assigned by the king's commission to every circuit, and to ride twice a year through those shires allotted to that circuit, making proclamation beforehand, a convenient time, in every county, of the time of their coming, and place of their sitting, to the end the people might attend them in every county of that court.

They were to stay three or four days in every county, and in that time all the causes of that county were brought before them by the parties grieved, and all the prisoners of every gaol in the said shire, and whatsoever controversies arising concerning life, lands, or goods.

The authority The authority of these judges in of judges in eyre js jn part translated by act of par&yrc, trunslEit

ed to justices liament to justices of assize, which be or assize. now tne jujgeg 0f circuits, and they to use the same course that justices in eyre did, to proclaim their coming every half year, and the place of their sitting.

The business of the justices in eyre, siremu'cMet ana< °( the justices of assize at this day,

senedbyihe j8 much lessened, for that in H. III.'s court of com- . , , .

mon pleas, time there was erected the court of

IH's time H com"">n pleas at Westminster, in which

court have been ever since, and yet are

begun and handled the great suits of lands, debts,

benefices, and contracts, fines for assurance of lands,

and recoveries, which were wont to be either in the

king's bench, or else before the justices in eyre.

But the statute of Mag. Chart, cap. 11, is negative

against it, namely, "Communia placita non sequan

tur curiam nostram, sed teneantur in aliquo loco

certo j" which locus certus must be

sKifbyfllJe tne common-pleas; yet the judges of

commissions, circuits have now five commissions by

which they sit.

- ., The first is a commission of oyer and

Over and tei- ...'

miner, in terminer, directed unto them, and many

Judgesof °'hers of the best account, in their cir

'the yuurum, cuits: but in this commission the

judges of assize are of the Quorum, so

as without them there can be no proceeding.

This commission giveth them power to deal with

treasons, murders, and all manner of felonies and

misdemeanors, whatsoever; and this is the largest

commission that they have.

Gaol-delivery The second is a commission of gaoltoThe'jud0"^ delivery, tnat is onl>' t0 the judges and clerk of themselves, and the clerk of the assize BM,ie- associate : and by this commission they

are to deal with every prisoner in the gaol, for what offence soever he be there, and to proceed with him according to the laws of the realm, and the quality of his offence; and they cannot by this commission do any thing concerning any man, but those that are prisoners in the gaol. The course now in use of execution of this commission of gaol-delivery, is this. There is no prisoner but is committed by some justice of peace, who before he committed him

took his examination, and bound his accusers and witnesses to appear and prosecute at the gaol-delivery. This justice doth certify these examinations and bonds, and thereupon the accuser is called solemnly into the court, and when he appeareth, he is willed to prepare a bill of indictment against the prisoner, and go with it to the grand jury, and give evidence upon their oaths, he and the witnesses; which he doth: and then the grand jury write thereupon either "billa vera," and then the prisoner staiideth indicted: or else "ignoramus," and then he is not touched. The grand jury deliver these bills to the judges in their court, and so many as they find indorsed billa vera," they send for those prisoners; then is every man's indict- The manner of

ment put and read to him, and they ask the proceed. . ... . , ., ... mgsofihe

him, whether he be guilty or not: if he justices of cir

saith, Guilty, his confession is recorded; cuit*if he say, Not guilty, then he is asked how he will be tried; he answereth, By the country. Then the sheriff is commanded to return the of the judos names of twelve freeholders to the court, for'the gaolwhich freeholders be sworn to make true delivery between the king and the prisoner; and then the indictment is again read, and the witnesses sworn to speak their knowledge concerning the fact, and the prisoner is heard at large what defence he can make, and then the jury go together and consult. And after a while they come in with a verdict of Guilty or Not guilty, which verdict the judges do record accordingly. If any prisoner plead Not guilty upon the indictment, and yet will not put himself to trial upon the jury, or stand mule, he shall be pressed.

The judges, when many prisoners are in the gaol, do in the end before they go peruse every one. Those that were indicted by the grand jury, and found Not guilty by the select jury, they judge to be quitted, and so deliver them out of the gaol. Those that are found Guilty by both juries, they judge to death, and command the sheriff to see execution done. Those that refuse trial by the country, or stand mute upon the indictment, they judge to be pressed to death. Some whose offences are pilfering under twelve pence value, they judge to be whipped. Those that confess their indictments, they judge to death, whipping, or otherwise, as their offence requireth. And those that are not indicted at all, but their bill of indictment returned with "ignoramus" by the grand jury, and all others in the gaol, against whom no bills at all are preferred, they do acquit by proclamation out of the gaol; that one way or other they rid the gaol of all the prisoners in it. But because some prisoners have their books, and are burned in the hand, and so delivered, it is necessary to show the reason thereof. This having their books is called their clergy, which in ancient time began thus.

For the scarcity of the clergy in the realm of England, to be disposed in Stjc^tc. religious houses, or for priests, deacons, and clerks of parishes, there was a prerogative allowed to the clergy, that if any man that could read as a clerk were to be condemned to death, the bishop of the diocess might, if he would, claim him as a

clerk, and he was to see him tried in the face of the

court whether he could read or not. The book was

prepared and brought by the bishop, and the judge

was to turn to some place as he should think meet;

and if the prisoner could read, then the bishop was

to have him delivered over unto him, to dispose of

in some places of the clergy as he should think

meet: but if either the bishop would not demand

him, or that the prisoner could not read, then was

he to be put to death.

And this clergy was allowable, in the

Seancient?y in ancient times and law, for all offences,

all offences, whatsoever they were, except treason, except treason ,,. , ...

and robbing of and the robbing of churches of their

nowtaken goods and ornaments. But by many

away;, l. in _ statutes made since, the clergy is taken

away for murder, burglary, robbery,

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4 Putse'cut purse-cutting, horse-stealing, and divers ting. s. Horse- other felonies particularized by the "'divers Xr statutes to the judges; and lastly, by offences. By a statute made 18 Elizabeth, the judges w^'juriges themselves are appointed to allow clergy are to allow t0 g^,), as can rearJ being not such clergy, and to , , . ,

see them burn- offenders from whom clergy is taken

andtodiS.8TM1, away bv any statute, and to see them

charge the pri- burned in the hand, and so discharge

soners without ., ... . , u .r

delivering them, without delivering them to the

bishop0"'' bishop; howbeit, the bishop appointeth the deputy to attend the judges with a book to try whether they can read or not.

The third commission that the judges of circuits have, is a commission directed to themselves only, and the clerk of assize, to take assizes, by which they are called justices of assize; and the office of those justices is to do right upon writs called assizes, brought before them by such as are wrongfully thrust out of their lands. Of which number of writs there was far greater store brought before them in ancient times than now; for that men's seisins and possessions are sooner recovered by sealing leases upon the ground, and by bringing an ejectione firmce, and trying their title so, than by the long gaits of assizes.

4. Commis- ^he f°ur'h commission is a commission to take sion to take Nisi prius, directed to re'eteo^'tef'two none but to the judges themselves, and ihe°derknor t'le'r cler'lB °f assizes, by which they the assise. are called justices of Nisiprius. These JtutPmu. iVY»iprius happen in this sort; when a suit is begun for any matter in one of the three courts, the king's bench, common pleas, or the exchequer here above, and the parties in their pleadings do vary in a point of fact; as for example, if in an action of debt upon obligation the defendant denies the obligation to be his debt; or in any action of trespass grown for taking away goods, the defendant denieth that he took them; or in action of the case for slanderous words, the defendant denieth that he spake them, &c. Then the plaintiff is to maintain and prove that the obligation is the defendant's deed, that he either took the goods or spake the words: upon which denial and affirmation the law saith, that issue is joined betwixt them, which

issue of the fact is to be tried by a jury of twelve men of the county, where it is supposed by the plaintiff to be done, and for that purpose the judges of the court do award a writ of Venire facias in the king's name to the sheriff of that county, commanding him to cause Jfour and twenty discreet freeholders of his couqty, at a certain day, to try this issue so joined; out of which four and twenty only twelve are chosen to serve. And that double number is returned, because some may make default, and some be challenged upon kindred, alliance, or partial dealing.

These four and twenty the sheriff doth name and certify to the court, and withal, that he hath warned them to come at the day according to their writ. But because at the first summons there fa]leth no punishment upon (lie four and twenty if they come not, they very seldom or never appear upon the first writ; and upon their default there is another writ* returned to the sheriff, com- . Diltrisru manding him to distrain them by their The manner lands to appear at a certain day ap- °f justices'"? pointed by the writ, which is the next circuits. The

«. .-»»■! course the

term after, " Nisi prius justiciani nos- judges hold in

tri ad assisas capiendas venerint," etc. ^i>rfi2! °f of which words the writ is called a Nisi prius, and the judges of the circuit of that county in that vacation, and mean time, before the day of appearance appointed for the jury above, here by their commission of Nisi prius have authority to take the appearance of the jury in the county before them, and there to hear the witnesses and proofs on both sides, concerning the issue of the fact, and to take the verdict of the jury, and against the day they should have appeared above, to return the verdict read in the court above, which return is called a Postea.

And upon this verdict clearing the matter in fact, one way or other, the judges above give judgment for the party for whom the verdict is found, and for such damages and costs as the jury do assess.

By those trials called "Nisi prius," the juries and the parties are eased much of the charge they should be put to, by coming to London with their evidences and witnesses; and the courts of Westminster are eased of much trouble they should have, if all the juries for trials should appear and try their causes in those courts; for those courts above have little leisure now. Though the juries come not up, yet in matters of great weight, or where the title is intricate or difficult, the judges above, upon information to them, do retain those causes to be tried there, and the juries do at this day, in such cases, come to the bar at Westminster.

The fifth commission that the judges s. Commisin their circuits do sit by, is the com- m°",jon\,TMhe mission of the peace in every county of pence The their circuit. And all the justices of jl^e'lnd the the peace, having no lawful impediment, ^'{^(J fj£ to are bound to be present at the assizes judges in their to attend the judges, as occasion shall coun'yfall out; if any make default, the judges may set a fine upon him at their pleasure and discretions. Also the sheriff in every shire through the circui is

Postea

to attend in person, or by a sufficient deputy allowed by the judges, all that time they be within the county, and the judges may fine him if he fail, or for negligence or misbehaviour in his office before them, the judges above may also fine the sheriff, for not returning, or not sufficient returning of writs before them.

Property in lands, how gotten or transferred.

I. By entry.
II. By descent.
III. By escheat.

IV. Most usually by conveyance.

I. Property by entry is, where a t^orfflrto man findeth a piece of land that no be gained by other possesseth, or hath title unto, and ,""> he that so findeth it doth enter, this en

try gaineth a property. This law seemeth to be derived from this text, " Terram dedit filiis hominum," which is to be understood, to those that will till and manure it, and so make it yield fruit: and that is he that entereth into it, where no man All lands in na^ 't oc^ore- But this manner of England were gaining lands was in the first days, and or s, andTeid >s not now of use in England, for that

°f 'I""; eiYeli by tne Con1uest a11 ,ne land of tnis gfous and '' nation was in the Conqueror's hands,

a.hThe lands and appropriated unto him; except of the men of religious and church lands, and the lands K<m in Kent, which by composition were

left to the former owners, as the Conqueror found them; so that none but the bishoprics, churches, and the men of Kent, can at this day make any greater title than from the Conquest, to any lands in England. And lands possessed without any such title, are in the crown, and not in him Land left bv tnat first entereth; as it is in land left theseabelong- by the sea; this land belongeth to the ° king, and not to him that hath the

lands next adjoining, which was the ancient sea banks. This is to be understood of the inheritance of lands, namely, that the inheritance cannot be gained by the first entry. But an estate for another man's life by occupancy, may at this day be gotten by entry. As a man called A. having land conveyed unto him for the life of B. dieth without making any estate of it, there, whosoever first entereth into the land after the decease of A. getteth the property in the land for time of the continuance of the estate which was granted to A. for the life of B. which B. yet liveth, and therefore the said land cannot revert till B. die. And to the heir of A. it cannot go, for that it is not any estate of inheritance, but only an estate for another man's life; which is not descendable to the heir, except he be specially named in the grant, namely, to him and his heirs. As for the executors of A. they cannot have it, for it is not an estate testamentary, that it should go to the executors as goods and chattels should, so as in truth no man can entitle himself unto those lands; and therefore the law preferreth him that first entereth, and he is called occupans, and shall hold it during the life of B. but must

pay the rent, perform the conditions, and do no waste: and he may by deed assign it to whom he please in his life-time. But if he die before he assign it over, then it shall go again to whomsoever first entereth and holdeth; and so all the life of B. so often as it shall happen.

Likewise, if any man doth wrongfully enter into another man's possession, and put the right owner of the freehold and inheritance from it, he thereby getteth the freehold and inheritance by disseisin, and may hold it against all men, but him that hath right, and his heirs, and is called a disseisor. Or if any one die seised of lands, and before his heir doth enter, one that hath no right doth enter into the lands, and holdeth them from the right heir, he is called an abator, and is lawful owner against all men but the right heir.

And if such person abator or disseisor, so as the disseisor hath quiet possession five years next after the disseisin, do continue their possession, and die seised, and the land descend to his heir, they have gained the right to the possession of the land against him that hath right, till he recover it by fit action real at the common law. And if it be not sued for at the common law, within threescore years after the disseisin, or abatement committed, the right owner hath lost his right by that negligence. And if a man hath divers children, and the elder, being a bastard, doth enter into the land, and enjoyeth it quietly during his life, and dieth thereof so seised, his heirs shall hold the land against all the lawful children, and their issues.

II. Property of lands by descent is, property 0f where a man hath lands of inheritance lauds by deand dieth, not disposing of them, but leaving it to go, as the law casteth it, upon the heir. This is called a descent in law, and upon whom the descent is to light, is the question. For which purpose, the law of inheritance preferreth the first child before all others, and amongst children the male before the female; and amongst males the first born. If there be no children, then the brother; if no brother, then sisters; if neither brothers nor sisters, then uncles, and for lack of uncles, aunts; if none of them, then cousins in the nearest degree of consanguinity, with these three rules of diversities. 1. That the eldest male shall solely inherit; but if it come Xee^tej to females, then they being all in an equal degree of nearness shall inherit all together, and are called parceners, and all they make but one heir to the ancestor. 2. That no Brother or su

brother or sister of the half blood shall t<-r 01; the half . , . , . , , . . . . blcx-J shall not

inherit to his brother or sister, but as inherit to his

a child to his parents: as for example, ^/"'tVut"Oti

if a man have two wives, and by either a child to his

wife a son, the eldest son over-living Parenls

his father, is to be preferred to the inheritance of

the father, being fee-simple: but if he entereth and

dieth without a child, the brother shall not be his

heir, because he is of the half blood to him, but the

uncle of the eldest brother or sister of the whole

blood: yet if the eldest brother had died, or had

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