In default of which, we muſt call in the iſſue of Charles and Mary Holland, the parents of his paternal grandmother's mother: (№ 13.) — and ſo 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 alſo ſpent. — Whereby the paternal blood of John Stiles entirely failing, recourſe muſt 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 ſame regular ſucceſſive order as in the paternal line.
The ſtudent ſhould however be informed, that the claſs, № 10, would be poſtponed to № 11, in conſequence of the doctrine laid down, arguendo, by juſtice Manwoode, in the caſe of Clere and Brooke[1]; from whence it is adopted by lord Bacon[2], and ſir Matthew Hale[3]. And yet, notwithſtanding theſe reſpectable authorities, the compiler of this table hath ventured to give the preference therein to № 10 before № 11; for the following reaſons: 1. Becauſe this point was not the principal queſtion in the caſe of Clere and Brooke; but the law concerning it is delivered obiter only, and in the courſe of argument, by juſtice Manwoode; though afterwards ſaid to be confirmed by the three other juſtices in ſeparate, extrajudicial, conferences with the reporter. 2. Becauſe the chief-juſtice, ſir James Dyer, in reporting the reſolution of the court in what ſeems to be the ſame caſe[4], takes no notice of this doctrine. 3. Becauſe it appears, from Plowden's report, that very many gentlemen of the law were diſſatisfied with this poſition of juſtice Manwoode. 4. Becauſe the poſition itſelf deſtroys the otherwiſe entire and regular ſymmetry of our legal courſe of deſcents, as is manifeſt by inſpecting the table; and deſtroys alſo that conſtant preference of the male ſtocks in the law of inheritance, for which an additional reaſon is before given, beſides the mere dignity of blood. 5. Becauſe it introduces all that uncertainty and contradiction, which is pointed
