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

Of tilt A.Jminislration of Justice. 389
seems to predominate, we have here also ample room
for doubt an" contest.
Fourthly. As the law of nature, founded in the
Yery constructbn of human society, which is formed
to endure thro!gh a series of peri:.hing generations,
requires that tht~ just engagements a man enters into,
should continue .~n force beyond his own life; it fol ..
low.; that the private rights of persons frequently depend
upon what h~s been transacted, in tilDes remote
from the present, by their ancestors or predece~ors,
by those under wh,.,m they claim, or to whose obligations
they have Sl cceeded. Thus the questioDs
which usually arise between lords of nlanors and
their tenants, betwepn the king and those who claim
royal franchises, or between theta and th.e persons affected
by these francl. ises, depend upon the terms of
the original grant. In like manner every dispute
concerning tythes, in 'vhich an exemption or COlnpo­
~ition is pleaded, depends upon the agreement which
took place between the predecessor of the claimant;
and the ancient owner of th~ land. - The appeal to
these grants and agreements is dictated by natural
equity, as well as by the mUllicipallaw: but concerning
the existence, or the conditions of such old cove·
nants, doubts ,\~ill perpetually occur, to which tIle law
(Jf natllre affords no solution. The loss or decay of
records'- the perishableness of living memory, the cor· ·
ruption and care]essness of tradition, all cDnspire to
multiply uncertainties upon this head; what cannot
be produced or proved, must be left to loose and faUi~
l)le preS\llnption. ITn(ler the same head may be in_ ..
c)udcd another topic of altercation; the tracing out
of boundaries, which time, or neglect, or unity of
posseS~i()ll, or InixtLlre of occupation has confounded
or obliterated. 1'0 \\9}licl1 S}10111d be added a difficut ...
ty which often pnc>~eIlts it~eIf in disputes concerning
ri~Ilts of r;.c;'{])', botll public ~lnd pri\rate, and of those
ea~cnl~11ts ""hiell one lllan clainls in another man~~~
property; namely, that of distinguishing, after a
lap .. e of ycar~!, the U'iC of an indulgl'~lCe from the ex,·
crcise of a right.