fons, and at liberty to leave his fortune to his friends, to charitable or public purposes, or to whom he will; the fame blood, proximity of blood, and the like, are merely modes of fpeech, implying nothing real, nor any obligation of themfelves.

There is always, however, a reason for providing for our poor relations, in preference to others who may be equally neceffitous, which is, that if we do not, nobody elfe will; mankind, by an eftablished confent, leaving the reduced branches of good families to the bounty of their wealthy alliances.

The not making a will is a very culpable omiffion, where it is attended with the following effects: where it leaves daughters or younger children at the mercy of the eldest fon; where it diftributes a perfonal fortune equally amongst the children, although there be no equality in their exigencies or fituations; where it leaves an opening for litigation; or laftly, and principally, where it defrauds creditors; for by a defect in our laws, which has been long and frangely overlooked, real estates are not fubject to the payment of debts by fimple contract, unlets made fo by will; although credit is in fact generally given to the poffeffion of fuch eftares. He therefore, who neglects to make the neceffary appointments for the payment of his debts, as far as his effects extend, fins, as it has been justly faid, in his grave; and, if he omits this on purpose to defeat the demands of his creditors, he dies with a deliberate fraud in his heart.

Anciently, when any one died without a will, the bishop of the diocefe took poffeflion of his perfonal fortune, in order to difpofe of it for the benefit of his foul, that is to pious and charitable ufes. It became neceffary therefore, that the bishop fhould be fatisfied of the authenticity of the will, when there was any, before he refigned the right which he had to take poffeffion of the dead man's fortune, in cafe of inteftacy. In this way, wills, and controverfies

relating

relating to wills, came within the cognizance of ecclefiaftical courts; under the jurisdiction of which, wills of perfonals (the only wills that were made formerly) ftill continue, though in truth, no more now-a-days connected with religion, than any other inftruments of conveyance. This is a peculiarity in the English law.

Succeffion to inteftates must be regulated by pofitive rules of law, there being no principle of natural juftice whereby to afcertain the proportion of the different claimants; not to mention that the claim itfelt, efpecially of collateral kindred, feems to have little foundation in the law of nature. These regu

lations fhould be guided by the duty and prefumed inclination of the deceafed, fo far as thefe confiderations can be confulted by general rules. The fatutes of Charles the Second, commonly called the ftatutes of diftribution, which adopt the rule of the Roman in the distribution of perfonals, are fufficiently equitable. They aflign one-third to the widow, and two-thirds to the children; in cafe of no children, one-half to the widow, and the other half to the next of kin, where neither widow nor lineal defcendants furvive, the whole to the next of kin, and to be equally divided amongst kindred of equal degrees; without diftinction of whole blood and half blood, or of confanguinity by the father's or mother's fide.

The defcent of real estates, of houses, that is, and land, having been fettled in more remote and in ruder times, is lefs reafonable. There never can be

much to complain of in a rule, which every perfon may avoid by fo eafy a provifion as that of making his will; otherwife, our law in this refpect is chargeable with fome flagrant abfurdities; fuch as that an eftate fhall in no wife go to the brother or fifter of the half blood, though it came to the deceafed from the common parent; that it fhall go to the remotest relation the inteftate has in the world, rather than to

his own father or mother, or even be forfeited for want of an heir, though both parents furvive; that the most diftant paternal relation fhall be preferred to an uncle or own coufin by the mother's fide, notwithstanding the eftate was purchased and acquir. ed by the inteftate himself.

Land not being fo divisible as money, may be a reafon for making a difference in the course of irheritance; but there ought to be no difference but what is founded upon that reafon. The Roman law made

MORAL PHILOSOPHY.

воок III.

PART II.

OF RELATIVE DUTIES WHICH ARE IN

DETERMINATE.

CHAP. I.

I'

CHARITY.

USE the term Charity neither in the common fenfe of bounty to the poor, nor in St. Paul's fenfe of benevolence to all mankind, but I apply it at prefent, in a fenfe more commodious to my purpose, to fignify the promoting the happiness of our inferiors.

Charity

Charity in this fenfe I take to be the principal province of virtue and religion: for whilft worldly prudence will direct our behaviour towards our fuperiors, and politenefs towards our equals, there is little befide the confideration of duty, or an habitual humanity which comes into the place of confideration, to produce a proper conduct towards those who are beneath us, and dependent upon us.

There are three principal methods of promoting the happiness of our inferiors:

1. By the treatment of our domeftics and dependants.

2. By profeffionál affiftance.

3. By pecuniary bounty.

CHAP.