JB/097/176/001

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11 Novr 1811. Juridica Common Law -- it's uncognoscibility

In classes where the right a depended upon uncognoscible laws,
resting on uncognoscible and inaccessible documents in private hands: viz. Reports
of Law decisions
and Arguments.
Extract from the copy of an Opinion signed Fra:d Hargraves New
Boswell Court, 03 May 1809. 23 Dec.r 1805

However the authority I look to is a single one,
and is as far back as the tale be of Edward third, I
doubt too whether any adjudication since to that effect is
to be met with in our Books. At the same time
I have reason to believe from Law Manuscripts in
my possession, that a Judge of High rank and authority,
in a great case before all the Judges of
England in the reign of Charles the second incidentally
introduced a consideration of this very point, in a
way strongly favouring the maternal line of Heirs
in preference to the Lord by Escheat. —

Extracts from an Opinion signed Fra:d Hargraves
New Boswell Court 13th May 1809.

1. Indeed according to Lord Hale in his History of theNames of the
Attorneys in the
copy of the Opinion
of 1809
Tomes and Haydon.
Common Law Pleas of the Crown Vol. 1. p. 357 where he
introduces Hobby's Case from the Cooke upon Littleton
one son of an attainted person may take as immediate heir
to anr Son his purchd fee simple Lands — notwithstanding
birth of both subsequently to the attainder, & Lord Hale
represents this to have been generally the opn of the Judges in the
Exchequer Chamber 16 Chas 1. in the case of the Earl of Holdeness
such is reported by name of Collingwood & Pace in Venturd
415 & a r books but Lord Bridgman one of the Judges in
the latter case appears from his own manuscript reports in
my possession to have strongly defected from so extending

2. On the other hand the maternal heirs would have to
struggle with Hobby's case.

As to the next question which is put on the supposition of
the attainders disabling the paternal heirs from succeeding
to Mr Beauchamps purchased fee simple Estte I see
the point whether their being disabled lets in his mater-
-nal heirs or the Lord by escheat as one both of difficulty
& doubtfulness. On the one hand the maternal heirs
wod have to struggle with the doctrine wch in the
reports of Collingwood & Pace distinguishes betwn aliens
& attainted persons by considering the former as if they
did not exist but at the same time considering the latter
as obstacles to those next in descent. — On the or hand
I find from Lord Bridgman's own Manuscripts reports of his
arguments as a Judge in Collingwoods and Pace that he
in

Identifier: | JB/097/176/001 "JB/" can not be assigned to a declared number type with value 97.
Date_1	1811-11-11	Marginal Summary Numbering
Box	097	Main Headings
Folio number	176	Info in main headings field	collectanea juridica
Image	001	Titles	[[titles::extract from an opinion signed fras hargrave new […?] court 23 decr 1805 / extract from an opinion signed fras hargrave new [...?] court 13 may 1809 / hobby's case]]
Category	collectanea	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31560
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