herit. So alſo, if they in fact deſcended to John Stiles from his father's mother Cecilia Kempe; here not only the blood of Lucy Baker his mother, but alſo of George Stiles his father's father, is perpetually excluded. And, in like manner, if they be known to have deſcended from Frances Holland the mother of Cecilia Kempe, the line not only of Lucy Baker, and of George Stiles, but alſo of Luke Kempe the father of Cecilia, is excluded. Whereas when the ſide from which they deſcended is forgotten, or never known, (as in the caſe of an eſtate newly purchaſed to be holden ut feudum antiquum) here the right of inheritance firſt runs up all the father's ſide, with a preference to the male ſtocks in every inſtance; and, if it finds no heirs there, it then, and then only, reſorts to the mother's ſide; leaving no place untried, in order to find heirs that may by poſſibility be derived from the original purchaſor. The greateſt probability of finding ſuch was among thoſe deſcended from the male anceſtors; but, upon failure of iſſue there, they may poſſibly be found among thoſe derived from the females.
This I take to be the true reaſon of the conſtant preference of the agnatic ſucceſſion, or iſſue derived from the male anceſtors, through all the ſtages of collateral inheritance; as the ability for perſonal ſervice was the reaſon for preferring the males at firſt in the direct lineal ſucceſſion. We fee clearly, that, if males had been perpetually admitted, in utter excluſion of females, the tracing the inheritance back through the male line of anceſtors muſt at laſt have inevitably brought us up to the firſt purchaſor: but, as males have not been perpetually admitted, but only generally preferred; as females have not been utterly excluded, but only generally poſtponed to males; the tracing the inheritance up through the male ſtocks will not give us abſolute demonſtration, but only a ſtrong probability, of arriving at the firſt purchaſor; which, joined with the other probability, of the wholeneſs or entirety of blood, will fall ſhort of a certainty.
