326 JAM A ll^CA A. 



« Cui paler r/I popufus, noii habet ille patrenl [-^]". " Qui txJamnafo- 

 'hcoitir uafcuntnr, inter liberos noii computentur." So they are 

 likewifc ftyled <■<■ flit nulUus\jy^ becaufe their real father is fuppofed 

 to be uncertain, or unknown. The lenity however of the Englifh 

 law. at prefent, is fatisfied only with excludmg them from inheri- 

 tance, and with exading a competent provifion for their mainte- 

 nance, that they may not become chargeable upon the pubHck. 



The inftitution of marriage, is doubtlefs of as much concern in the 

 c-olony, as. it.is in the mother country: perhaps more fo; becaufe a 

 life of celibacy is not equally hurtful in the latter, wdio may draw 

 recruits to keep up her population, from the neighbouring ftates of' 

 Europe. But the civil policy of the two countries, inrefpeil: to fuc- 

 ceflions to property, differ very materially; fo that, if three fourths of 

 the nation were flaves, there can be no queftion but that the law 

 of lafl wills would be modified to a different frame, perhaps carried 

 hack again to the antient feodal dodrine of non-alienation, without 

 confent of the lord; which reftraint was fuited to the policy of thofe 

 times, when villeinage prevailed. A man's right of devifing his 

 property by will ought juftly, therefore, from the conffitution of 

 our Weft India colonies, to be more circumfcribed in them, than is 

 fitting ill the mother flate. A fubjeft (for example) in Jamaica 

 ought not to bequeath his whole perfonal eftate which may be very 

 confiderable, to a flave ; and, if he (hould do fo,itiseafy to conceive 

 that it would be utterly repugnant to the civil policy of that ifland. 

 The Jamaica law permits the putative father to leave, whatwill be 

 thought, a very ample provifion, in order to fet his baftard forward in 

 tUe world; and in all cafes where the father, having no legitimate 

 kin, to whom he may be willing to give his property, where that 

 properry is large;, and his illegitimate child may be, by the polifh 

 of a good education, and moral principles, found w'ell deferving to 

 poffefs it ; ther-e can be no queftion, but he might be made legitimate 

 -and capable of inheriting, by the power of an ad of aflembly ; 

 ftnce the fame thing has been done in fimilar cafes in England, 

 by a£t of the parliament. It is plain, therefore, the policy of the 



f/j] The oifspiing of proniifcuous coujunftioiis has no father. Marriage alcertains the 



:f,ither. 



[/] Baflards are not endowed with the privilege oJ children. No man's children. 



law 



