324 J A M A I C A. 



])Iegroe Jlavery : the queftion tiUerefipre ai;ifing froiT^^ t;hls c9inparifo;i 

 will, be, Is th^rq or not; a local ij^c^ffity for laying many reftraints 

 ip this colony, wher,e {lav^-hpMi^g Ip legally, eftatplilh^d, whigh. 

 leftraints do not exift, nor are politically expedient^, ia^ Ip^ijigland, 

 \;vhere fiay^ryis not tolerated?, It i5;a fjrfl principle, i^iid ijo^to be 

 contrpyerted, in political and civil as yelL as in moral government, 

 that if one p.er.fon does any aft, which if every other or even maijiy 

 others of the fame focipty were to.doi, mufl b^ attendpd with injuri- 

 ous confequences to that fociety, fuch an af?: cannot in. the nature 

 of things be legal nor warrantable. All focietjes of men, where^ 

 ever conftituted, can fubfjft together only by certain obligations 

 and, reftriftions, to which all the individual mcm^Ders muft necef- 

 farily yield obedience for the general good ; or they can have no 

 jufl: claim to thofe rights, and that protection, w,hich are heldby all, 

 under this common fanction. 



In countries where rational freedom is. mod enjoyed, as in Eng- 

 land, the laws have affixed certain bounds to mens paffions and. 

 inclinations, in numberlefs examples ; fo a fuccellion to eftates thqre 

 is. regulated more according to the rules of policy, and the good 

 of the community, than to the hnv of. nature^ hmply. cpnlidered ; 

 therefore, although a man may be defirous, nay thinks he has a na- 

 tural right, to determine who fhall enjoy that property from time 

 to time after his death, which he acquired by his induflry while 

 living, the law of England, abhorring, perpetuities as hurtful to th^ 

 fociety, defeats this purpofe, and readily gives it's afliftance to bar 

 fuch entails. 



The right of making devifes by will was eflabliflied in fome 

 countries much later than in others. In England, till modern 

 times, a man could only difpofe of one third of his moveables from 

 his wife and legitimate children j and, in general, no will was perr • 

 mitted of lands till the reign of Henry the Eighth, and then only a 

 certain portion ; for it was not till after the Reftoration, that the, 

 power of deviling real property became fo univerfal as at prefent. 

 The antient law of the Athenians diredled that the ftate of the de- 

 ceafed (hould always defcend to his legitimate children ; or, an fai- 

 lure of fuch lineal defcendants, fliould go to the collateral relations. 

 In many other parts of Greece they were totally difcountenanced. 

 1 In 



