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Updated: July 22, 2025
No inquiry was made immediately after his death as to the lands of which he died seised; but about eleven months afterwards, a commission was issued to the feodor and deputy-escheator of Oxfordshire, pursuant to which an inquisition was taken on the 11th of April 1633, at Burford, when the jury found that Elizabeth, his wife, survived him; that the earl had died without heirs-male of his body, and that his heirs were certain persons who were specified.
From the legacies of an unlessoned mind, a woman's heirs-male are not cut off in the Common Law of the generations of mankind. Brutus knew that the valour of Portia was settled upon his sons. The art of Japan has none but an exterior part in the history of the art of nations. Being in its own methods and attitude the art of accident, it has, appropriately, an accidental value.
It may not be out of place here to say that this custom continued to exist in Wales; and on its conquest Edward I. ordained, "Whereas the custom is otherwise in Wales than England concerning succession to an inheritance, inasmuch as the inheritance is partible among the heirs-male, and from time whereof the memory of man is not to the contrary hath been partible, Our Lord the King will not have such custom abrogated, but willeth that inheritance shall remain partible among like heirs as it was wont to be, with this exception that bastards shall from henceforth not inherit, and also have portions with the lawful heirs; and if it shall happen that any inheritance should hereafter, upon failure of heirs-male, descend to females, the lawful heirs of their ancestors last served thereof.
'It was settled, he said, 'the greater part of it at least, upon heirs-male, and the purchaser would have the privilege of retaining in his hands a large proportion of the price, in case of the reappearance, within a certain limited term, of the child who had disappeared. 'To what purpose, then, force forward a sale? said Mannering. Mac-Morlan smiled.
In particular, they were alarmed by a secret family compact with Spain, by which, in default of heirs-male of his own body, Ferdinand bequeathed to that crown the kingdom of Bohemia, without first consulting the wishes of that nation, and without regard to its right of free election.
"Nay, if that is your rule, that old Laws and Deeds are to come in bar of new, we," cry a multitude of persons, French Dukes of Nevers, and all manner of remote, exotic figures among them, "we are the real heirs! Ravensburg, Mark, Berg, Ravenstein, this patch and the other of that large Duchy of yours, were they not from primeval time expressly limited to heirs-male?
In particular, they were alarmed by a secret family compact with Spain, by which, in default of heirs-male of his own body, Ferdinand bequeathed to that crown the kingdom of Bohemia, without first consulting the wishes of that nation, and without regard to its right of free election.
'It was settled, he said, 'the greater part of it at least, upon heirs-male, and the purchaser would have the privilege of retaining in his hands a large proportion of the price, in case of the reappearance, within a certain limited term, of the child who had disappeared. 'To what purpose, then, force forward a sale? said Mannering. Mac-Morlan smiled.
'To her and him, after my demise, and to their heirs-male, but preferring the second son, if God shall bless them with two, who is to carry the name and arms of Bradwardine of that Ilk, without any other name or armorial bearings whatsoever.
In particular, they were alarmed by a secret family compact with Spain, by which, in default of heirs-male of his own body, Ferdinand bequeathed to that crown the kingdom of Bohemia, without first consulting the wishes of that nation, and without regard to its right of free election.
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