ments. In England particularly, this diverſity is carried to ſuch a length, as if it had been meant to point out the power of the laws in regulating the ſucceſſion to property, and how futile every claim muſt be that has not it's foundation in the poſitive rules of the ſtate. In perſonal eſtates the father may ſucceed to his children; in landed property he never can be their immediate heir, by any the remoteſt poſſibility: in general only the eldeſt ſon, in ſome places only the youngeſt, in others all the ſons together, have a right to ſucceed to the inheritance: in real eſtates males are preferred to females, and the eldeſt male will uſually exclude the reſt; in the diviſion of perſonal eſtates, the females of equal degree are admitted together with the males, and no right of primogeniture is allowed.
This one conſideration may help to remove the ſcruples of many well-meaning perſons, who ſet up a miſtaken conſcience in oppoſition to the rules of law. If a man diſinherits his ſon, by a will duly executed, and leaves his eſtate to a ſtranger, there are many who conſider this proceeding as contrary to natural juſtice: while others ſo ſcrupulouſly adhere to the ſuppoſed intention of the dead, that if a will of lands be atteſted by only two witneſſes inſtead of three, which the law requires, they are apt to imagine that the heir is bound in conſcience to relinquiſh his title to the deviſee. But both of them certainly proceed upon very erroneous principles: as if, on the one hand, the ſon had by nature a right to ſucceed to his father's lands; or as if, on the other hand, the owner was by nature intitled to direct the ſucceſſion of his property after his own deceaſe. Whereas the law of nature ſuggeſts, that on the death of the poſſeſſor the eſtate ſhould again become common, and be open to the next occupant, unleſs otherwiſe ordered for the ſake of civil peace by the poſitive law of ſociety. The poſitive law of ſociety, which is with us the municipal law of England, directs it to veſt in ſuch perſon as the laſt proprietor ſhall by will, attended with certain requiſites, appoint; and, in defect of ſuch appointment, to go to ſome particular perſon, who, from the reſult of certain local
