section feesimple but if there be father and son and the father have a brother  that be uncle to the son and the son purchase land in feesimple and die  without issue live his father the uncle shall have the land as heir to the son  not the father yet the father be near of blood because it be a maxim in law  that inheritance may lineal 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 die without issue live the father the father  shall have the land as heir to the uncle not as heir to his son for that he  come to the land by collelaterall dissent not by lineal ascent yet the father  be near of blood and therefore some do hold upon these word of Littleton that  if a lease for life be make to the son the remainder to his next of blood that  the father shall take the remainder by purchase and not the uncle for that  Littleton say the father be next of blood and yet the uncle be heir as if a  man have issue two son and the old son have issue a son and die a remainder be  limit to the next of his blood the young son shall take it yet the other be  his heir p it be a maxim in law that inheritance may lineal descend but not  ascend maxim I e a sure foundation or ground of be and a conclusion of reason  so call Q because maxima be he rank determined authority and quoth maxim  omnibus to make good so sure and uncontrollable as that they ought not to be  question r and that which our author here and in other place call a maxim  hereafter he call a principle and it be all one with a rule a common ground  postulatum or a axiom and it be too much curiosity to make nice distinction  between they and it be well say in our book S nest my a disputer lancient  principle deal lie I never read any opinion in any book old or new against  this maxim but only in lib rub where it be say t si quis without book  to go apart pater or mater he in heir to go below well frater sister si pater  mater to be away si nec hos to have sister father well matris deincep who near  in parentela to be haereditario to go below dumb of a man sex to stand out  inheritance from that source sit foeminam non inheritance but all our ancient  author and the constant opinion ever since do affirm the maxim by this maxim  in the conclusion of his case only lineal ascension in the right line be  prohibit and not in the collateral u who inheritance naturally indeed  and  haeredes haereditabiliter to climb down never indeed  naturally to mount  to climb down and so law quasi weighty quoth to fall deorsum virtue linea well  transversali never reascendit she way how to climb down post death  he that goes before a late yet to mount some near diminution heir  sacrificial wine to come forth so as the lineal ascent be prohibit by law and  not the collateral and in prohibit the lineal ascent the commonlaw be assist  with the law of the twelve table here our author for the confirmation of his  opinion draw a reason and a proof as you have perceive from one of the maxim  of the commonlaw now that I may here observe it once for all his proof and  argument in these his three book may be general divide into two part videlicet  from the commonlaw and from statute of both which and of their several branch  I shall give the studious reader some few example and leave the rest to his  diligent observation for the commonlaw his proof and argument be draw from  twenty several fountain or place a first from the maxim principle rule  intendment and reason of the commonlaw which indeed be the rule of the law as  here and in other place our author do use b second from the book record and  other authority of law cite by he ab authority pronunciatis c three from  original writ in the register a to write back valet argumentum d fourthly from  the from of good plead e five from the right entry of judgement f six a  to go before to assent to use from approve precedent and use g seven a non use  from not use h eighthly ab technicalities  trick  consequence state of siege  artificial argument consequent and conclusion ninthly I a common opinion  jurisprudentium from the common opinion of the sage of the law tenthly k ab  inconsistency from that which be inconvenient eleventhly l a division from a  division well ab enumeration a part from the enumeration of the part twelfthly  m a mayor and minus from the great to the lesser or n from the lesser to the  great oh a like p a acquire  p ab impossible from that which be impossible Q a  fine from the end ab useful well useless from that which be profitable or  unprofitable r ex out of tune for that thereupon shall follow a absurdity  quasi a deaf prolatum because it be repugnant to understanding and reason S a  nature row nature from nature or the course of nature t ab row reverence from  the order of religion u a common presumption from a common presumption wonder  a reading  jurisprudentium from the read of learned man or law from statute  his argument and proof be draw ten from the rehearsal or preamble of the  statute by the body of the law diverse interpret sometime by other part of the  same statute which be blessed one exhibition  ex soft fleshy body parts  cause  y sometime by the reason of the commonlaw but ever the general word be to be  intend of a lawful Act z and such interpretation must ever be make of all  statute that the innocent or he in who there be no default may not be damnify  in law there be diverse law within the realm of England as first a law coronae  the law of the crown b law custom parliament this law be ab omnibus to seek a  many men  not to know a few  understand  c law nature the law of nature d  commonlaw England the commonlaw of England sometime call law terrae intend by  our author in this and the like place e statute law law establish by authority  of parliament f custom custom reasonable g Jus pretty the law of arm war and  chivalry in to make public maxim to retain are jura pretty h ecclesiastical or  canon law in court in certain case I civil law in certain case not only in  court ecclesiastical but in the court of the constable and martial and of the  admiralty in which court of the admiralty be observe la lie Olyron year  of  Richard the first so call because it be publish in the isle of Olyron k law  forest forest law l the law of Marque or reprisail m law a merchant merchant c  n the law and custom of the isle of jersey Gernesey and man oh the law and  privilege of the stannary p the law of the east west and middle march which be  now abrogate but here of this be little taste for our student that he may be  capable of that which he shall read concern these and other in record and in  our book and orderly observe they shall suffice and his uncle enter into the  land for if the uncle in this case do not enter into the land then can the  father inherit the land for there be another maxim in law herein employ Q that  a man that claim as heir in feesimple to any man by descent must make himself  heir to he that be last seize of the actual freehold and inheritance and if  the uncle in this case do not enter then have he but a freehold in law and no  actual freehold but the last that be seize of the actual freehold be the son  to who the father can make himself heir and therefore Littleton say et son  uncle enter en la terre sicome denoit per la lie to make the father to inherit  as heir to the uncle r note that true it be that the uncle in this case be  heir but not absolute heir for if after the descent to he the father have  issue a son or daughter that issue shall enter upon the uncle f and so it be  if a man have issue a son and daughter the son purchase land in fee and die  without issue the daughter shall inherit the land but if the father have  afterward issue a son this son shall enter into the land as heir to his  brother and if he have issue a daughter and no son she shall be coparcener  with her sister as by law he ought these word as a key do open the secret of  the law for hereupon it be conclude that where the uncle can get a actual  possession by entry or otherwise there the father in this case can inherit and  therefore if a advowson be grant to the son and his heir and the son die  without issue and this descend to the uncle and he die before he do or can  present to the church the father shall not inherit because he shall make  himself heir to the son which he can do and so of a rend and the like but if  the uncle have present to the church or have seize of the rend there the  father shall have inherit for Littleton put his case of a entry into land but  for a example if the son make a lease for life and die without issue and the  reversion descend to the uncle and he die the reversion shall not descend to  the father because in that case he must make himself heir to the son a feoff  the son with warranty to he and his heir the son die the uncle enter into the  land and die the father if he be implead shall not take advantage of this war  ranty for then he must vouch a as heir to his son which he can do for albeit  the warranty descend to the uncle yet the uncle leave it as he find it and  then the father by Littleton devoit can take advantage of it for Littleton  sect say that warranties shall descend to he that be heir by the commonlaw and  sect he say that every warranty which descend do descend to he that be heir to  he which make the warranty by the commonlaw which prove that the father shall  not be bind by the warranty make by the son for that the father can be heir to  the son that make the warranty and a warranty shall not go with tenement  whereunto it be annex to any especial heir but always to the heir at the  commonlaw and therefore if the uncle be seize of certain land and be seize the  son release to the seize with warranty and die without issue this shall bind  the uncle but if the uncle die without issue the father may enter for the  warranty can descend upon he so if the son conclude himself by plead concern  the tenure and service of certain land this shall bind the uncle but if the  uncle die without issue this shall not bind the father because he can be heir  to the son and consequent not to the Estoppell in that case but if it be such  a Estoppell as run with the land then it be otherwise