Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/232

 218 entatives in equal degree became themelves principals, and hared the inheritance per capita, that is, hare and hare alike; they being themelves now the next in degree to the ancetor, in their own right, and not by right of repreentation. So, if the next heirs of Titius be ix nieces, three by one iter, two by another, and one by a third; his inheritance by the Roman law was divided into ix parts, and one given to each of the nieces: whereas the law of England in this cae would till divide it only into three parts, and ditribute it per tirpes, thus; one third to the three children who repreent one iter, another third to the two who repreent the econd, and the remaining third to the one child who is the ole repreentative of her mother.

mode of repreentation is a neceary conequence of the double preference given by our law, firt to the male iue, and next to the firtborn among the males, to both which the Roman law is a tranger. For if all the children of three iters were in England to claim per capita, in their own rights as next of kin to the ancetor, without any repect to the tocks from whence they prung, and thoe children were partly male and partly female; then the eldet male among them would exclude not only his own brethren and iters, but all the iue of the other two daughters; or ele the law in this intance mut be inconitent with itelf, and depart from the preference which it contantly gives to the males, and the firtborn, among perons in equal degree. Whereas, by dividing the inheritance according to the roots or tirpes, the rule of decent is kept uniform and teady: the iue of the eldet on excludes all other pretenders, as the on himelf (if living) would have done; but the iue of two daughters divide the inheritance between them, provided their mothers (if living) would have done the ame: and among thee everal iues, or repreentatives of the repective roots, the ame preference to males and the ame right of primogeniture obtain, as would have obtained at the firt among the roots themelves, the ons or daughters of the deceaed. As if a man hath Rh