clement versus Scudamour hill Ann refer to rider v wood king I in re smart Ch  d Mod Cas a special verdict be in ejectment find that the land in question be  copyhold and part of the manor of Croyden in Surre 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 f W have five  son the young whereof die in the lifetime of the father leave issue a daughter  after which the father purchase the land in question and be thereunto admit to  hold accord to the custom of the manor the father die seize and the four son  enter upon who the daughter of the five son enter and make a lease to the  plaintiff and now the question be whether the four son be the young at the  time of the father S death or the daughter of the five son dry in the life of  the father shall inherit these land and it be insist that she have good title  as the representative of her father who if he have live will have inherit as  heir to his father holt CJ the custom of borough English be for the young son  to inherit and by this custom the young son be put in the room and stead of  the old at commonlaw for as a inheritance by the commonlaw shall descend to  the old son so by this custom it shall go to the young without any difference  therefore since custom alter the descent from the old to the young son there  be the same reason that the representative of the young son shall take in this  case as there be at commonlaw for the representative of the old and there  ought not to be any difficulty herein for it appear that all the land in  England before the Conquesi and for some time after be general gavelkind which  descend to all the son equal and be dividable between they but afterward for  the better strength holt KB er p and support of the crown knightservice tenure  holt KB be introduce and the course of descent alter so that the whole be make  descendible to the old son to the intent that these tenant who by their tenure  be to attend on the king in his war may do it with more dignity and grandeur  and in this instance the ancient Saxon law be alter but notwithstanding the  old son be hereby prefer before the young and the male before the female yet  the right of representation remain as it do to this day this right of  representation bag be consider in all nation a account of it be give in the  ancient law of Israel and it be always practice by Greek and Roman even by the  law of the twelve table and in this kingdom representation have not only place  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 we  know to be the custom of ken if a man have three son and purchase land and the  young son die in the life of the father leave issue a daughter no doubt the  daughter shall inherit and there be no difference between gavelkind and  borough English but secundum majus minus in gavelkind all the son take all in  borough English the young son take all and the law take notice of both these  custom which be allow in the case of fane and bar in c b hill in this case the  custom as find be that the land be of the nature of borough English and do and  ought to descend to the young son and his heir it be not only that it shall  descend to the young son but to he and his heir and if a father be seize or  make a feoff during infancy the right of entry shall descend to the young son  and if be die before entry it shall descend to his daughter though the father  die not seize of the land if borough English land descend to a heir under age  and a real action be bring against he he shall have his age or parole demurrer  as in case of inheritance at commonlaw and what reason can there be why this  land shall have those quality and not the other as representative right the  court be all of opinion the daughter have good title judgement for the  daughter holt KB bottomry