I. The eldest son, Matthew Stiles, or his issue.
II. If his line is extinct, then Gilbert Stiles and the other sons, respectively, in order of birth, or their issue.
III. In default of these, all the daughters together, Margarite and Charlotte Stiles, or their issue.
IV. On the failure of the descendants of John Stiles himself, the issue of Geoffrey and Lucy Stiles, his parents, is called in, viz.: first, Francis Stiles, the eldest brother of the whole blood, or his issue.
V. Then Oliver Stiles, and the other whole brothers, respectively, in order of birth, or their issue.
VI. Then the sisters of the whole blood all together, Bridget and Alice Stiles, or their issue.
And so on. It will be noted that females of equal degree inherited together; and that a daughter excluded a brother of the dead man. Men themselves, if younger sons, have suffered what seems to us a grave injustice in the prevalence of the right of primogeniture, whereby, if there are two or more males in equal degree, the eldest only can inherit. This law might work for the benefit of certain females; thus, the daughter, granddaughter, or great-granddaughter of an eldest son will succeed before the younger son.
To public rights, such as sitting on a jury[393] or holding offices of state, women never were admitted; that is a question that has become prominent only in the twentieth century and will demand consideration in its proper place.
[Sidenote: Power of Parents.]
Unlike the Roman law, English law allows parents to disinherit children completely, if they so desire, without being under any compulsion to leave them a part of their goods. As to legal power over children, the mother, as such, is entitled to none, says Blackstone,[394] but only to reverence and respect. Now, however, by the statute 2 and 3 Vict., c. 54, commonly called Talfourd’s Act, an order may be made on petition to the court of chancery giving mothers access to their children and, if such children are within the age of seven years, for delivery of them to their mother until they attain that age. But no woman who has been convicted of adultery is entitled to the benefit of the act. The father has legal power up to the time when his children come of age; then it ceases. Until that time, his consent is necessary to a valid marriage; he may receive the profit of a child’s estate, but only as guardian or trustee, and must render an account when the child attains his majority; and he may have the benefit of his children’s labour while they live with him.
[Sidenote: Husband and wife. Pollock and Maitland, ii, 399-436. Blackstone, i, ch 15. Bryce, pp. 818-830.]