case clement against Scudamour Hilary term will roll refer to rider v wood  king I in re smart Ch d if a person have five son and the young son die in the  lifetime of his father leave issue a daughter and the father afterward  purchase and become seize of modern er p copyhold land in the nature of  borough English the daughter of the five son shall on the death of her  grandfather inherit these land jure representationis and not the four survive  son for the young son by borough English and his representative be as much  heir to the borough English land as a old son or his representative be heir to  land descendible at commonlaw S c Peer wms S c salk S c holt S c ld ray  special verdict find that the land in question be copyhold land part of the  manor of Croydon in Surrey of the nature of borough English and that the  custom of the manor be that all copyhold tenement of that manor do and ought  to descend to the young son and his heir that one f W have issue five son that  the young die live the father leave issue a daughter that after the young son  death the father purchase the land in question and be thereunto admit to have  and to hold accord to the custom of the manor that he after die seize and that  the four son enter upon who the daughter of the five son enter and make lease  to the plaintiff so the question be whether the daughter of the young son die  in the life of the father have good title as representative of her father who  if he have live will have inherit as heir to his father holt chief justice  deliver the opinion of the court we be all of opinion that the daughter have  good title first it be to be consider that where this custom of borough  English be for the young son to inherit by this custom the young son be put  into the room and stead of the old son at commonlaw for as a inheritance by  commonlaw shall go to the old son so by this custom it shall go to the young  without any difference therefore since this custom alter the descent from the  old to the young son there be the same reason that the representative of the  young shall take as there be at commonlaw for the representative of the old  and there ought not to be any difficulty herein for it appear though coke    light a be of a contrary opinion that all the land in England before the  Conquest and for some time after be general gavelkind vide lambard Saxon law  seldom note in Eadmerum wright tenor Robinson on gavelkind append Mod Mod case  t t Peer wms Peer wms b and that soon after the Conquest for the better  strength and support of the crown knight service tenure be introduce and the  course of descent alter and the whole be make descendible to the old son to  the intent that these tenant in knight service modern who by their tenure be  to wait on the king in his war may do it with more dignity and grandeurSee the  five edition of sir Matthew hale history of the commonlaw by Mr sergeant  Runnington ch page c a so in this instance the ancient Saxon law be then alter  but notwithstanding that hereby the old male be prefer before the young and  the male always before the female yet the right of representation remain even  to this day second this right of representation have be consider in all  country and nation by the ancient law of Israel in the book of number bk  number chap xxvi xxvii b a account be give of this matter of representation it  be a law that the male shall inherit all but upon failure of they the female  and it be a law as some say bring out of Egypt but always practice that the  old son shall have a double share but this be not only quatenus he be old but  as he be representative too it appear by Selden Selden de successionibus ch c  that the daughter shall in that case have a double portion so that  representation be always practice by the Greek and the Roman even by the law  of the twelve table tailor be element of civil law d but in the three place  this right of representation have not only room in inheritance descendible  accord to the course of the commonlaw but hold also in inheritance descendible  accord to custom for in case of gavelkind which now we know to be modern er p  the custom of ken if a man have three son and purchase land in gavelkind and  the young son in the life of the father die leave issue a daughter no doubt  the daughter shall inherit but if the purchase have be to the father and heir  male of his body the daughter have be exclude per form gift but the custom  make it descendible to the heir male make room for the representative of he  and there be no difference between gavelkind and boroughEnglish but secundum  majus et minus in gavelkind all the son take all in boroughEnglish the young  take all and the law take notice of both these custom for which he quote the  case of fane v of to to an elephant the common plea in Hilary term roll e  where the custom be for a copyhold to descend to the young son and not to the  old brother and a copyholder surrender the land to another and his heir but  before admittance the surrendee die leave two son and the question be between  the two son and it be adjudge that the old son shall be admit because the  custom be that the estate shall descend to the young brother and there be no  estate in the ancestor to descend and therefore the old son must have take as  purchaser but accord to the report I have of the case the court say that if  the custom have be lie to have be boroughEnglish the old have be exclude for  the law take notice of boroughEnglish and gavelkind custom in this case the  custom as find be so far from exclude the daughter that it express comprehend  her for the custom be that the land be of the nature of boroughEnglish and do  and ought to descend to the young son and his heir so that it be not only that  it ought to descend to the young son but also to he and his heir though it  have be modern the same thing to I for if the father be seize or make a feoff  during infancy this right of entry shall descend to the young son and if he  die before entry it shall descend to his daughter though the father die not  seize of the land   Jones a if there be descent of land in boroughEnglish on a  heir under age and a real action be bring he shall have his age or the parole  shall demurrer as it will in case of inheritance at commonlaw and what reason  can there be why it shall have those quality and not the other quality as  representative right and be approve of the opinion of Berkley and Brampstone  justice in the case of beef v malster cro car b for he say if the other  opinion have prevail it will beget abundance of confusion but follow the other  will settle thing upon a last foundation and judgement be give for the  daughter but a custom within a manor that land shall descend to the old sister  where there be neither a son nor a daughter do not extend to a old niece but  the land must descend accord to the rule of the commonlaw in default of such  son daughter and niece den on demise of Goodwin v spray term Rep c