s as Men, in this weak
and imperfect State, may think convenient for their own Sakes, and
the Good of Society, to establish and ordain, can be _no Rule_ to
him, whose Infinite Wisdom and Almighty Power set him _far above_
all such Necessity. Nor, again, does this Case come up to the Matter
in Dispute: It is true, that the Heir of a convict Rebel _cannot_,
according to our Laws, inherit his Father's Estate; but what then,
does it deprive him of any thing that was his own before? No; the
Law convicts the Rebel, while _in Possession_ of his Estate, which
it considers as his _own Property_, and which therefore it justly
takes away for his _own Offence_. Perhaps, in Cases of Hereditary
Possessions, it may seem a little hard, because it prevents the
_next_ Heir from inheriting; but if there be any Evil or
Imperfection in this, we must excuse it, for the Sake of the Intent,
which might be for the general Good, the more effectually to deter
Men from _treasonable Conspiracies_ against their Prince, whereby
the Happiness of Society hath been often greatly disturbed, and
whole Kingdoms and Countries depopulated: but in this Case, it is
not strictly the Heir's, till he comes into Possession; for the Law,
by which he may possess hereafter, may be considered as having in it
this _particular_ Exception, as to the Crime of _High-Treason_,
which, whenever it _occurs_ as to the _Parent_, renders the Son
incapable, &_c_. With regard to our Laws, we may, in some Sense, be
said to make them ourselves, by our Representatives, whom we
constitute for that End: and 'tis besides very probable, that some
great Men, who formerly possessed Estates, and settled them on the
Male Heirs in their Families, from one Generation to another, might
help to make this very Law itself concerning Treason, and
consequently they could not but acquiesce with this _very Exception_
to the Right of Inheritance in their Posterity. But if it be still
said to be unjust, though necessary, 'tis no Argument; for it
_cannot_ be unjust and necessary too: the Law, in this Case, ought
rather (with Submission) so far as it unjustly affects a Man's
Children, to be alter'd; and if it robs us of the Security, which
arises from deterring the Parent, on Account of the Evils which
shall afterwards befall his Child, 'tis easy to remedy this, by
laying an _additional Punishment_ on the Traitor himself; which, as
_Self_ is much nearest to us all, might better prevent the Sin of
Rebellio