that the ſame man is heir to many others, though by art and management he may frequently become their deviſee. Thus the antient law of the Athenians directed that the eſtate of the deceaſed ſhould always deſcend to his children; or, on failure of lineal deſcendants, ſhould go to the collateral relations: which had an admirable effect in keeping up equality and preventing the accumulation of eſtates. But when Solon[1] made a flight alteration, by permitting them (though only on failure of iſſue) to diſpoſe of their lands by teſtament, and deviſe away eſtates from the collateral heir, this ſoon produced an exceſs of wealth in ſome, and of poverty in others: which, by a natural progreſſion, firſt produced popular tumults and diſſentions; and theſe at length ended in tyranny, and the utter extinction of liberty; which was quickly followed by a total ſubverſion of their ſtate and nation. On the other hand, it would now ſeem hard, on account of ſome abuſes, (which are the natural conſequence of free agency, when coupled with human infirmity) to debar the owner of lands from diſtributing them after his death, as the exigence of his family affairs, or the juſtice due to his creditors, may perhaps require. And this power, if prudently managed, has with us a peculiar propriety; by preventing the very evil which reſulted from Solon's inſtitution, the too great accumulation of property: which is the natural conſequence of our doctrine of ſucceſſion by primogeniture, to which the Athenians were ſtrangers. Of this accumulation the ill effects were ſeverely felt even in the feodal times; but it ſhould always be ſtrongly diſcouraged in a commercial country, whoſe welfare depends on the number of moderate fortunes engaged in the extenſion of trade.
However this be, we find that, by the common law of England ſince the conqueſt, no eſtate, greater than for term of years, could be diſpoſed of by teſtament[2]; except only in Kent, and in ſome antient burghs, and a few particular manors, where their Saxon immunities by ſpecial indulgence ſubſiſted[3]. And
