THE USE OF THE LAW. 221 



disseisor. Or if any one die seised of lands, and before 

 his heir doth enter, one that hath no right doth enter into 

 the lands, and holdeth them from the right heir, he is 

 called an abator, and is lawful owner against all men but 

 the right heir. 



And if such person abator, or disseisor (so as the dis 

 seisor hath quiet possession five years next after the dis 

 seisin) do continue their possession, and die seised, and the 

 land descend to his heir, they have gained the right to the 

 possession of the land against him that hath right till he 

 recover it by fit action real at the common law. And if it 

 be not sued for at the common law within threescore 

 years after the disseisin, or abatement committed, the 

 right owner hath lost his right by that negligence. And 

 if a man hath divers children, and the elder, being a 

 bastard, doth enter into the land and enjoy eth it quietly 

 during his life, and dieth thereof so seised, his heirs shall 

 hold the land against all the lawful children and their 

 issues. 



Property of lands by descent is, where a man hath lands Property of 

 of inheritance, and dieth, not disposing of them, but leav- lands by de- 

 ing it to go (as the law casteth it) upon the heir. This is scent * 

 called a descent of law, and upon whom the descent is to 

 light, is the question. For which purpose the law of in 

 heritance preferreth the first child before all others, and 

 amongst children the male before the female, and amongst 

 males the first born. If there be no children, then the bro 

 ther ; if no brothers, then sisters ; if neither brothers nor 

 sisters, then uncles ; and for lack of uncles, aunts ; if none 

 of them, then cousins in the nearest degree of consanguinity, 

 with these three rules of diversities. 1. That the eldest of descent, 

 male shall solely inherit ; but if it come to females, then thf ee rules. 

 they, being all in an equal degree of nearness, shall inherit 

 altogether, and are called parceners, and all they make but 

 one heir to the ancestor. 2. That no brother nor sister of Brother or sister 

 the half-blood shall inherit to his brother or sister, but as a of the half blood 

 child to his parents, as for example: If a man have two f sha &quot; n , ot ^ herit 



j i r .,, -p 111 T to his brother or 



wives, and by either wire a son, the eldest son overliving s i s ter, but only 

 his father is to be preferred to the inheritance of the father, as a child to his 

 being fee-simple ; but if he entereth and dieth without a P arents - 

 child, the brother shall not be his heir, because he is of the 

 half-blood to him, but the uncle of the eldest brother or 

 sister of the whole blood; yet if the eldest brother had 

 died, or had not entered in the life of the father, either by 

 such entry or conveyance, then the youngest brother should 



