Copyhold, Tit. xo. ch. 3. f. 19, 20. Co. Cop. f. Idem. Co. Cop. f. Leon. 109. Doe v. according to the course of the common law: the words," according to the common law" were held void, for customs which go with the land as this one and gavelkind, and fix and order the defcent of inheritances, can only be altered by Parliament. § 23. Eftates held by copy of court roll are in general defcendible in the fame manner as eftates held in focage, though in fome manors a different mode of defcent is established by custom. § 24. In cafe of the defcent of a copyhold, the heir becomes tenant of the land, immediately on the death of his ancestor. But ftill he must be admitted, for until admittance he is not complete tenant to the lord; and therefore cannot be fworn on the homage, or maintain a plaint in the lord's court. § 25. The heir of a copyholder may, however, enter on the lands before admittance. He may also punish for any trefpafs done upon the land; furrender into the hands of the lord to any ufe he pleases, and pay the lord his fine on the descent. § 26. Where a copyhold eftate has been derived ex parte materna, it fhall go to the heirs on the part of the mother, and not to those on the part of the father; unless the copyholder departs with it, and acquires a new estate by purchase. § 27. A perfon being feifed in fee of a copyhold eftate which defcended to him ex parte materna, fur rendered rendered it to the use of himself and his affigns for life, with remainder to the ufe of fuch perfons, and for fuch estates, as he should by deed or will direct.. He afterwards surrendered it to the use of a mortgagee in fee, and the mortgagee was admitted. The mortgagor paid the mortgage money; and the heir of the mortgagee, who was an infant, by virtue of an order of the Court of Chancery, furrendered the premises into the hands of the lord to the use of the mortgagee, who was admitted. Lord Kenyon held, that this was like a feoffment and re-infeoffment, which, it had long been settled, broke the line of defcent, and confequently the heir ex parte paterna was entitled to recover. § 28. The rule refpecting the half blood takes place in the defcent of copyholds and the poffeffion which the heir may acquire before admittance is fufficient to establish a poffeffio fratris; and therefore Lord Coke fays, that if a copyholder in fee has iffue a fon and a daughter by one venter, and a fon by another venter and dies, and the fon by the first venter enters into the land, but dies before admittance, the daughter fhall inherit as heir to her brother, and not the fon by the fecond venter, as heir to his father. § 29. A man tenant in fee of copyhold land, had Anon. Dyer iffue two daughters by different venters, and died feifed 291 a. pl. 69. thereof. The daughters entered and took the profits for feveral years without any admittance, or taking of it in the court of the lord. The eldest daughter died *6 without Id. 292 a. Cop. f. 41. 158. Dyer 292 a. without iffue, and afterwards the youngest was admitted to the whole as fole heir to her father. The question was, whether the next heir of the whole blood to the eldest daughter fhould have the moiety. By the opinion of Welsh and Dyer Juftices, the poffeffion aforefaid, without admittance, was fufficient in law to make the collateral heir inheritable. And it was ordered by the Lord Keeper accordingly. § 30. A copyholder had iffue a daughter by one venter and a fon by another venter and died, the fon within age. The lord of the manor committed the cuftody of the land during the nonage to the mother of the fon, who entered: and afterwards the fon within age died without any admittance of him as heir. And the daughter, who was his fifter by the half blood, prayed to be admitted. But by the opinion of Catlyn and Dyer, to whom the question was referred, she should not be admitted, because the poffeffion of the mother as guardian gave actual poffeffion to the fon. § 31. Lord Coke alfo fays the poffeffion of a guardian or termor, without an actual entry or claim made by the heir, will make a possessio fratris. And in a modern cafe the entry of a widow, as guardian 4 Bro. R.520. to her fon, was held to have the effect of obtaining a poffeffion for the fon, fufficient to exclude the half Wade, blood. $ 33. It § 32. It has been laid down that where a leafe of a copyhold is made by licence from the Lord, by indenture reserving rent, the poffeffion of the leffee is not the poffeffion of the copyholder. Anon. § 33. Husband feised in right of his wife of certain customary lands, he and his wife by licence from 4 Leon. 38. the lord made a leafe for years by indenture rendering rent, and had iffue two fons. The hufband died, the wife took another husband, and they had iffue a fon and a daughter. The husband and wife died, the fon was admitted to the reverfion and died without iffue. By Manwoode the reversion shall descend to all the daughters notwithstanding the half blood; for the eftate for years, which was made by indenture by licence from the lord, was a demise and a leafe according to the common law, and according to the nature of the demise the poffeffion should be adjudged, which poffeffion could not be faid to be the poffeffion of the copyholder, for his poffeffion was cuftomary, and the other was more contrary, therefore the poffeffion of the one should not be the poffeffion of the other, and confequently there could be no poffeffio fratris. $34. The right of reprefentation takes place in the descent of copyholds, for wherever the custom gives any perfon the heirship, the law will give all neceffary rights and incidents. § 35. 7. S. having iffue five fons, the youngest died in the lifetime of his father leaving iffue a daugh Clements v. 1 2 Ld. Ray. Scudamore, Afterwards 7. S. purchafed the lands in question, which were copyhold of the nature of boroug English: And the jury found that, by the custom, thefe lands were defcendible to the youngest fon and his heirs. The father died, and the question was, whether the lands defcended to the daughter of the youngest fon, or to the eldest fon. Holt, Ch. Juft.-" We are all of opinion that the "daughter ought to have these lands jure reprefenta"tionis. Wherever this cuftom hath obtained, the "youngest fon is thereby placed in the room of the "eldest fon, who inherits by the common law, and "there is no other difference in the course of descent, "but that the custom prefers the youngest fon, and "the common law the eldest fon; and therefore as, at "the common law, the iffue of the eldeft fon, female "as well as male, do inherit jure reprefentationis, be"fore the other brothers; fo, by the fame reason, "where this cuftom has transferred the right of de"fcent from the eldest fon to the youngest, it fhall "alfo carry it to the daughter of the youngest son, "by like reprefentation; and there is no reafon to "make any difference between a defcent by this custom, and at common law, though my Lord Coke "is of another opinion." $ 36. Where the cuftomary defcent is different from that prefcribed by the common law, it is construed ftrictly; for the law does not take notice of any fpecial cuftoms of this kind, except gavelkind and borough English, unless they are exprefsly pleaded: and |