of the different claimants; not to mention that the claim itself, efpecially of collateral kindred, feems to have little foundation in the law of nature. These regulations fhould be guided by the duty and prefumed inclination of the deceased, fo far as these confiderations can be confulted by general rules. The ftatutes of Charles the Second, commonly called the ftatutes of distribution, which adopt the rule of the Roman law in the diftribution of perfonals, are fufficiently equitable. They affign 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 descent of real estates, of houses, that is, and land, having been fettled in more remote and in ruder times, is lefs reasonable. There never can be much to complain of in a rule, which every person may avoid by so easy a provifion as that of making his will; otherwise, our law in this respect is chargeable with fome flagrant abfurdities; fuch as that an estate shall in

no wife go to the brother or fifter of the half blood, though it came to the deceased from the common parent; that it shall go to the remoteft 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 distant paternal relation fhall be preferred to an uncle or own coufin by the mother's fide, notwithstanding the eftate was purchased and acquired by the inteftate himself.

Land not being fo divisible as money, may be a reason for making a difference in the course of inheritance; but there ought to be no difference but what is founded upon that reason, The Roman law made none.

BOOK III.

PART II.

OF RELATIVE DUTIES WHICH ARE INDETER

MINATE.

CHAP. I.

CHARITY.

USE the term Charity neither in the com

I non fenfe of bounty to the poor, nor in St

nor

Paul's fenfe of benevolence to all mankind; but I apply it, at prefent, in a sense more commodious to my purpofe, to fignify the promoting the happiness of our inferiors.

Charity in this sense I take to be the principal province

Q4

province of virtue and religion: for, whilft worldly prudence will direct our behaviour towards our fuperiors, and politeness towards our Lequals, 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 dependents.

2. By profeffional affistance.

3. By pecuniary bounty,

CHAP,

CHA P. II.

CHARIT Y.

THE TREATMENT OF OUR DOMESTICS AND

DEPENDENTS.

A

PARTY of friends fetting out together upon a journey, foon find it to be the best for all fides, that while they are upon the road, one of the company should wait upon the reft another ride forward to feek out lodging and entertainment; a third carry the portmanteau; a fourth take charge of the horses; a fifth bear the purfe, conduct and direct the route: not forgetting, however, that as they were equal and independent when they fet out, fo they are all to return to a level again at their journey's end. The fame regard and refpect; the fame forbearance, lenity, and reserve in ufing their fervice; the fame mildness in delivering commands; the fame ftudy to make their journey comfortable and pleasant, which he, whose lot it was to direct the reft, would in common decency think himself

bound