Ascendant

[Lat. ascendens.] In the law of descents. A person related to another in the amendmg Kne of kindred, as a father, grandfather, &c,: a person so related, to whom an estate ascends (to use the strictly proper term), as the next heir.. *i Vbv. 118,c.

1, 2.

This term is of frequent occurrence in the civil law, particularly in the 118th Novel of Justinian, the second chapter of which, expressly treats of the succession of ascendants, {nsf^l twy &yi6vr(av d Moxrig,) It has not however been adopted to much extent in the common law, ascent itself, in the direct line, having been prohibited in England from a remote period, by a leading canon of inheritance, which has only recently been abolished. See Descent, The modenv law of succession would seem to authorize its more frequent use, especially as expressive of the relation of persons, ih preference to the word ancestor; leaving^hfe latter to be employed more ex^usively 'Hi Its original and projier legal sia Qifieatit>n,-*the former possessor (or, in tne pha^ of the old books, the pre-possessor) of an estate. See Ancestor, The latter meaning may perhaps have been too strictly claimed for the word ancestor, under its own definition, (supra); considering that it is not unfrequently used in the books in its popular sense, — one from whom another person is descended; a transmitter of blood, as well as of estate. True precision, however, seems to require that whenever the terms ancestor and heir are used in immediate connection, the former should be kept closely to its proper relative meaning.

ASCREPTICn.

Lat. A species of soke-men, or tenants m ancient demesne, described by Bracton. Bract., fol.

1, 209.

The term is derived from the civil law, in' which it was written ascript Uii, and adscriptii Uy and applied to coloni, or tenants, whose names were registered {aseripti) in the archives of the colony or district where they resided.

Cod. 11. 49. 1 Spence's Chancery, 51, note (u).

See AdscripHHi.

See AdscripHHi.