The History of the Common Law of England [79]
is preferred in Descents from the Father before the Son of the younger Son; and the Daughter of the eldest Brother, or Uncle, is preferred before the Son of the younger; and the Uncle, nay, the Great-Uncle, i.e. the Grandfather's Brother, shall inherit before the Uncle of the Mothers Side. Secondly, In Descents, the next of Blood is preferred before the more remote, tho' equally or more worthy. And hence it is, 1st, The Sister of the whole Blood is preferred in Descents before the Brother of the half Blood, because she is more strictly joined to the Brother of the whole Blood (viz. by Father and by Mother) than the half Brother, though otherwise he is the more worthy. 2dly, Because the Son or Daughter being nearer than the Brother, and the Brother or Sister than the Uncle, the Son or Daughter shall inherit before the Brother or Sister, and they before the Uncle. 3dly, That yet the Father or Grandfather, or Mother or Grandmother, in a direct ascending Line, shall never succeed immediately the Son or Grandchild; but the Father's Brother (or Sisters) shall be preferred before the Father himself; and the Grandfather's Brother (or Sisters) before the Grandfather: And yet upon a strict Account, the Father is nearer of Blood to the Son than the Uncle, yea than the Brother; for the Brother is therefore of the Blood of the Brother, because both derive from the same Parent, the Common Fountain of both their Blood. And therefore the Father at this Day is preferred in the Administration of the Goods before the Son's Brother of the whole Blood, and a Remainder limited Proximo de Sanguine of the Son shall vest in the Father before it shall vest in the Uncle. Vide Littleton, Lib. I. fol. 8, 10. Thirdly, That all the Descendants from such a Person as by the Laws of England might have been Heir to another, hold the same Right by Representation as that Common Root f rom whence they are derived; and therefore, 1st, They are in Law in the same Right of Worthiness and Proximity of Blood, as their Root that might have been Heir was, in case he had been living: And hence it is, that the Son or Grandchild, whether Son or Daughter of the eldest Son, succeeds before the younger Son; and the Son or Grandchild of the eldest Brother, before the youngest Brother; and so through all the Degrees of Succession, by the Right of Representation, the Right of Proximity is transferred from the Root to the Branches, and gives them the same Preference as the next and worthiest of Blood. 2dly, This Right transferred by Representation is infinite and unlimited in the Degrees of those that descend from the Represented; for Filius the Son, the Nepos the Grandson, the Abnepos the Great-Grandson, and so in infinitum enjoy the same Privilege of Representation as those from whom they derive their Pedigree lhave, whether it be in Descents Lineal, or Transversal; and theref ore the Great-Grandchild of the eldest Brother, whether it be Son or Daughter. shall be preferred before the younger Brother, because tho' the Female be less worthy than the Male, yet she stands in Right of Representation of the eldest Brother, who was more worthy than the younger. And upon this Account it is, 3dly, That if a Man have two Daughters, and the eldest dies in the Life of the Father, leaving six Daughters, and then the Father dies; the youngest Daughter shall have an equal Share with the other six Daughters, because they stand in Representation and Stead of their Mother, who could have had but a Moiety. Fourthly, That hy the Law of England, without a special Custom to the contrary, the eldest Son, or Brother, or Uncle, excludes the younger; and the Males in an equal Degree do not all inherit: But all the Daughters, whether by the same or divers Venters, do inherit together to the Father, and all the Sisters by the same Venter do inherit to the Brother. Fifthly, That the last Seisin in any Ancestor, makes him, as it were the Root of the Descent equally to many Intents as if