he proximity of blood and affection,
succeeded to the vacant possessions of a Roman citizen. [149]

[Footnote 143: Among the patriarchs, the first-born enjoyed a mystic and
spiritual primogeniture, (Genesis, xxv. 31.) In the land of Canaan, he
was entitled to a double portion of inheritance, (Deuteronomy, xxi. 17,
with Le Clerc's judicious Commentary.)]

[Footnote 144: At Athens, the sons were equal; but the poor daughters
were endowed at the discretion of their brothers. See the pleadings of
Isaeus, (in the viith volume of the Greek Orators,) illustrated by the
version and comment of Sir William Jones, a scholar, a lawyer, and a man
of genius.]

[Footnote 145: In England, the eldest son also inherits all the land;
a law, says the orthodox Judge Blackstone, (Commentaries on the Laws
of England, vol. ii. p. 215,) unjust only in the opinion of younger
brothers. It may be of some political use in sharpening their industry.]

[Footnote 146: Blackstone's Tables (vol. ii. p. 202) represent and
compare the decrees of the civil with those of the canon and common law.
A separate tract of Julius Paulus, de gradibus et affinibus, is inserted
or abridged in the Pandects, (l. xxxviii. tit. x.) In the viith degrees
he computes (No. 18) 1024 persons.]

[Footnote 147: The Voconian law was enacted in the year of Rome 584. The
younger Scipio, who was then 17 years of age, (Frenshemius, Supplement.
Livian. xlvi. 40,) found an occasion of exercising his generosity to his
mother, sisters, &c. (Polybius, tom. ii. l. xxxi. p. 1453--1464, edit
Gronov., a domestic witness.)]

[Footnote 148: Legem Voconiam (Ernesti, Clavis Ciceroniana) magna voce
bonis lateribus (at lxv. years of age) suasissem, says old Cato, (de
Senectute, c. 5,) Aulus Gellius (vii. 13, xvii. 6) has saved some
passages.]

[Footnote 149: See the law of succession in the Institutes of Caius, (l.
ii. tit. viii. p. 130--144,) and Justinian, (l. iii. tit. i.--vi., with
the Greek version of Theophilus, p. 515-575, 588--600,) the Pandects,
(l. xxxviii. tit. vi.--xvii.,) the Code, (l. vi. tit. lv.--lx.,) and the
Novels, (cxviii.)]

The order of succession is regulated by nature, or at least by the
general and permanent reason of the lawgiver: but this order is
frequently violated by the arbitrary and partial wills, which prolong
the dominion of the testator beyond the grave. [150] In the simple state
of society, this last use or abuse of the right of property is seldom
indul