IV. A fourth rule, or canon of deſcents, is this; that the lineal deſcendants, in infinitum, of any perſon deceaſed ſhall repreſent their anceſtor; that is, ſhall ſtand in the ſame place as the perſon himſelf would have done, had he been living.
Thus the child, grandchild, or great-grandchild (either male or female) of the eldeſt ſon ſucceeds before the younger ſon, and ſo in infinitum[1]. And theſe repreſentatives ſhall take neither more nor leſs, but juſt ſo much as their principals would have done. As if there be two ſiſters, Margaret and Charlotte; and Margaret dies, leaving ſix daughters; and then John Stiles the father of the two ſiſters dies, without other iſſue: theſe ſix daughters ſhall take among them exactly the ſame as their mother Margaret would have done, had ſhe been living; that is, a moiety of the lands of John Stiles in coparcenary; ſo that, upon partition made, if the land be divided into twelve parts, thereof Charlotte the ſurviving ſiſter ſhall have ſix, and her ſix nieces, the daughters of Margaret, one apiece.
This taking by repreſentation is called a ſucceſſion in ſtirpes, according to the roots; ſince all the branches inherit the ſame ſhare that their root, whom they repreſent, would have done. And in this manner alſo was the Jewiſh ſucceſſion directed[2]; but the Roman ſomewhat differed from it. In the deſcending line the right of repreſentation continued in infinitum, and the inheritance ſtill deſcended in ſtirpes: as if one of three daughters died, leaving ten children, and then the father died; the two ſurviving daughters had each one third of his effects, and the ten grandchildren had the remaining third divided between them. And ſo among collaterals, if any perſons of equal degree with the perſons repreſented were ſtill ſubſiſting, (as if the deceaſed left one brother, and two nephews the ſons of another brother) the ſucceſſion was ſtill guided by the roots: but, if both the brethren were dead leaving iſſue, then (I apprehend) their repre-
