PHI LOS 0 P H Y . - Classic Works of Apologetics Online

OJ :he .Adm;'l:drut;~1E of Justice. 887
\\!b:.lt nlIe obtains, or, out of many rules, no one be.
ing so much more advantageous than the rest, as to
recomper~~e the inconveniency of an alteration. In
aJI such caseS4 the law of nature sends uc: to t e Jaw
of the land. She directs that either some fixed rule be
introduced by an act of the legi:-Iature, or tbat the
rule \\!oich accident, or custom, or common consent
hath already e~tal~j.ished .. be steadily maintained.
Thus, in the descent of lands, or the inheritance of
personals from inte~tate proprietors, whether the kindred
of the grandmother, or of the great grandmoth.
er, shall be preferi"~d in the succession; \\·hether the
degrees of consangU!lury !)hal1 be comput~d through
the COlnmon ancestor, or from him; whether the!
wido\\!" shall take ;4. third or a nloiety ot- her husband's
fortune; whether ~on§ shall be preferred to daughters,
or tIle elder to tile younger i wl1ether the dis ..
tinc!ion of age shall be regarded among~t si:~ters,
well as b~tween brothers; in these, and in a great ,rari.,·
ety (]f questions which the same subject supplies, the
law of naturedeterminesnolbing. The cnly an~w(rshe
returns [0 our inqlliries is, that seme certain and gen.
eral rule be laid down by publi!: autf!ority; be obeyed
\VheIl laid do\\~n ; and that the quiet of the country
be n~t di~turbed, llor tIle expectation of heirs
frustrat!.~d by capricious illn()vations. ']~his ~ilence or
neutrality of the law of nature, \\,llith we have exemplified
in the caFe of intt>stacy, hold~ con~f>rning
a great part (~f the questi()n3 that ft.-tale to the rjght or
acquisition of propt-rty. Recourse then must necessarily
be had to ~tatilt~s, or precedt-ltts, or ll~age, to fix
what the taw of nature has left lOl)se. rl he interpretation
of (he~e statutes, the ~edr~h after precedt»Ilts,
the inve~tigation of customs, cO'mpose therefore an
unavoidable, arid at the same tittle, a large and intri- •
cate portion of foren·.ic bu~iness. Po~itive cnnstitu- • I
tions or judicial authorities are, in like manner, want ... f
ed, to give preci~ion to many things, which are in I
their nature indetermi1late. The age of legal discretion;
at what time of life a person shaH be deemed
competent to the performance of any act, which may
bind 11is property; whether at twenty ~ or twenty ..
as