- II: Coke’s Speech and Charge At the Norwich Assizes
- (preface, Written By Robert Prickett)
- The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606.
- ¶ Here Followeth the Words of His Charge In Order.
- III: Excerpts From the Small Treatises
- A. Book of Entries
- The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell.
- B. the Compleat Copyholder
- Sec. XXXIII.
- C. Little Treatise On Baile and Mainprize
- The Conclusion With Advertisment.
- IV: Excerpts From the Institutes
- A. the First Part of the Institutes
- The Preface.
- Section 1 Fee Simple
- Section 2 Fee Simple
- Section 3 Fee Simple
- Section 4 Fee Simple
- Section 5 Fee Simple
- Section 7 Fee Simple
- Section 8 Fee Simple
- Section 9 Fee Simple
- Section 10 Fee Simple
- Section 11 Fee Simple
- Section 12 Fee Simple
- Section 21 Fee Tail, Part 2
- Section 69 Tenant At Will, Part 2
- Section 80 Tenant By the Verge, Part 3
- Section 96 Escuage, Part 2
- Section 108 Knight’s Service, Part 6
- Section 138 Frankalmoin, Part 5
- Section 170 Tenure In Burgage, Part 9
- Section 199 Villenage, Part 18
- Section 342 Conditional Estates, Part 17
- Section 366 Conditional Estates, Part 41
- Section 372 Conditional Estates, Part 47
- Section 412 Descents, Part 27
- Section 464 Releases, Part 20
- Section 481 Releases, Part 37
- Section 723 Warranty, Part 30
- Section 728 Fee Warranty, Part 35
- B. the Second Part of the Institutes
- Deo, Patriae, Tibi.
- Magna Charta,
- C. The Third Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of High Treason.
- Cap. II. of Petit Treason.
- Cap. III. of Misprision of Treason.
- | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell.
- Cap. V. of Heresie.
- | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment.
- | Cap. Lxii. of Indictments.
- D. The Fourth Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of What Persons This Court Consisteth.
- Cap. VII. the Court of Kings Bench, Coram Rege. 1
And if a man purchase land in fee simple and dye without issue, hee which is his next cosen collaterall of the whole bloud, how farre so ever hee bee from him in degree, may inherit and have the land as heire to him.
Littleton sheweth here who shall bee heire to lands in Fee simple, for he intendeth not this case of an estate taile, for that he speaketh of an heire of the whole bloud, for that extendeth not to estates in taile as shall bee said hereafter in this Chapter, Sect. 6.
“his next cosen collaterall.”
Neither excludeth hee brethren or sisters because hee hath a speciall case concerning them in this Chapter, Sect. 5. and in his Chapter of Parceners, but this is intended | where a man purchaseth lands and dieth without issue, and having neither brother nor sister, then his next cosin collaterall shall inherit. So as here is implyed a divisson of heires, viz. lineall (who ever shall firstinherit) and collaterall, (who are to inherit for default of lineall.) For in descents it is a maxime in Law quod linea recta semper praefertur transversali. Lineall descent is conveyed downward in a right line, as from the grandfather to the father, from the father to the sonne, &c. Collaterall descent is derived from the side of the lineall, as grandfathers brother, fathers brother, et.Prochein cousin collateral enheritera doth give a certaine direction to the next cosin to the son, and therefore the fathers brother and his posteritie shall inherit before the grandfathers brother and his posteritie. Et sic de caeteris, for propinquior excludit propinquum, & propinquus remotum, & remotus remotiorem.
Upon this word (Prochein) I put this case. One hath issue two sonnes A. and B. and dieth, B. hath two sonnes C. and D. and dieth. C. the eldest son hath issue and dieth: A. purchaseth lands in Fee simple and dieth without issue, D. is his next cosin, and yet shall not inherit, but the issue of C. for hee that is inheritable is accounted in Law next of bloud. And therefore here is understood a division of next, viz. next, jure repraesentationis, and next, jure propinquitatis that is, by right of representation and by right of propinquitie. And Littleton meaneth of the right of representation, for legally in course of descents he is next of bloud inheritable. And the issue of C. doth represent the person of C. and if C. had lived he had beene legally next of bloud. And whensoever the father if he had lived, should have inherited, his lineall heire by right of representation shall inherit before any other, though another be jure propinquitatis neerer of bloud. And therefore Littleton intendeth his case of next cosin of bloud immediately inheritable. So as this produceth another division of next bloud, viz. immediately inheritable, as the issue of C. and mediately inheritable as D. if the issue of C. die without issue, for the issue of C. and all that live be they never so remote shall inherit before D. or his line, and therefore Littleton saith well de quel pluis long degree que il soit. And here ariseth a diversitie in Law betweene next of bloud inheritable by descent and next of bloud capable by purchase. And therefore in the case before mentioned if a Lease for life were made to A. the remainder to his next of bloud in fee. In this case as hath beene said D. shall take the remainder, because he is next of bloud and capable by purchase, though he be not legally next to take as heire by descent.
Glanvil. lib. 7. ca. 3. 4 Bract. lib. 2. c. 30. fo. 65. Britton cap. 119. Fleta lib. 6. cap. 1. & 2.
[Ed.: that the direct line is always preferred to the transverse.]
Bract. lib. 2. cap. 30. fo 64. Fleta lib. 5. cap. 5 & lib. 6. ca. 1. & 2. Britton ca. 119. Mirror 11. ca. 1. sect. 3. 30. Ass. p. 47.
[Ed.: next cousin (or first cousin), collateral heir]
[Ed.: And so of the rest, for the nearer excludes the near, and the near the remote, and the remote the more remote.]
[Ed.: by right of representation.]
[Ed.: by right of proximity.]
19. R. 2 tit. gar. 100.
3. Ass. p. 47.
[Ed.: of however remote a degree he be.]