[233] “This is to be understood,” says the Regiam Majestatem, “of the Father’s Heritage, descending from him to them. For, if the Heritage descend and come of the Mother’s side, each daughter shall succeed to the Heritage of her own Mother.” (L. 2. c. 31.)
[234] Forisfamiliatus is aliquem foris familiam ponere, says Spelman, (Gloss. ad voc.)—a similar explanation to that of the Regiam Majestatem. (L. 2. c. 33.)—Vide also 2 Bl. Com. 219.
[235] “If it cannot be proved, that the Homage was made between the Nephew and the Father’s Brother, he shall be preferred who is in possession. For the condition of the possessor is best.” (Reg. Maj. L. 2. c. 33.)
[236] Si quis, says a Law of Henry the first, sine liberis decesserit, Pater aut Mater ejus in hereditatem succedant, vel frater, vel soror, si pater et mater desint. (LL. Hen. 1. c. 70. Ed. Wilkins.)
Patri, says the Norman Code, succedit filius primogenitus: et matri similiter. Et si prior patre decesserit ejus filius, et ejus heres propinquior in eadem directa linea successionis hanc successionem obtinebit. Si vero nullus de linea primogeniti remanserit, filius post primum primogenitus, ut ejusdem lineæ propinquior decesserit, successionem hereditariam retinebit. Et similiter intelligendum est in aliis lineis postnatorum. Si vero omnes lineæ eorum decesserint, ad fratrem primogenitum redit successio feodalis, vel ad ejus lineæ propinquiorem. Si autem fratres defuerint, ex eorum linea redit ad patrem ex quo lineæ processerint. (Le Grand Cust. de Norm. c. 25.) I conclude this note with the modern French Canon—“The Law regulates the order of succession among lawful Heirs: for want of them, the property passes to the natural children, after that to the surviving Husband or Wife; and, for want of these, then, to the state.” (Code Napoleon, s. 720.)
[237] Divisam, derived, according to Spelman, from the French term diviser, to partition or divide. (Spelm. Gloss.) It is sometimes used for a boundary of Land—metæ et rationabiles divisæ quæ ponuntur in terminis et finibus agrorum ad distinguendam prædia, says Fleta, L. 4. c. 2. s. 17. In this latter sense our author uses it. Infra, [L. 9]. [c. 13]. [14]. &c.
[238] His, according to the Harl., Bodl. and Cotton. MSS., designating, probably, his parish church, and not leaving him at liberty to chuse, what church he pleased.
[239] The modern French Code permits the wife to make a will, even without the authority of her Husband. (Code Napoleon, s. 226.)
At the same time she is restrained from making a gift, without his consent, or the sanction of the Law. (Ibid. s. 905.)
[240] “To his children” generally, according to the Reg. Maj. c. 36. With respect, however, to the text of Glanville, Mr. Selden collects, from the Laws of Henry the first and the Assise of Clarendon, that the Heirs inherited Chattels as well as Lands, as late as the time of Henry the second, and that the Law was changed about the time of King John, by some Act of Parliament not now to be found. (Selden’s Tit. of Honor, part 2. c. 5. s. 21.)