On Impediments to Succeffion.

IMPEDIMENTS to fucceffion are four; 1, fervitude, whether it be perfect or imperfect; 2, homicide, whether punishable by retaliation, or expiable; 3, difference of religion; and 4, difference of country, either actual, as between an alien enemy and an alien tributary; or qualified, as between a fugitive and a tributary, or between two fugitive enemies from two different states: now a state differs from another by having different forces and fovereigns, there being no community of protection between them.

On the Doctrine of Shares, and the Perfons entitled to them.

THE furud, or shares, appointed in the book of Almighty GOD, are fix: a moiety, a quarter, an eighth, two thirds, one third, and a fixth, fome formed by doubling, and some by halving. Now thofe entitled to these fhares are twelve perfons; four males, who are the father and the true grandfather or other male ancestor, how high foever in the paternal line, the brother by the fame mother, and the husband; and eight

females, who are the wife, and the daughter, and the fon's daughter, or other female defcendant how low foever, the fifter by one father and mother, the fifter by the father's fide, and the fifter by the mother's fide, the mother, and the true grandmother, that is, fhe who is related to the deceafed without the intervention of a falfe grandfather. (A falfe male ancestor is, where a female ancestor intervenes in the line of afcent.) The father takes in three cafes; I, an abfolute fhare, which is a fixth, and that with the fon, or fon's fon, how low foever; 2, a legal fhare, and a refiduary portion alfo; and that with a daughter, or a fon's daughter, how low foever in the degree of descent; 3, he has a fimple refiduary title, on failure of children and fon's children, or other low defcendants. The true grandfather has the fame intereft with the father, except in four cafes, which we will mention presently, if it please GOD; but the grandfather is excluded by the father, if he be living; fince the father is the mean of confanguinity between the grandfather and the deceased. The mother's children also take in three cafes: a fixth is the fhare of one only; a third, of two, or of more: males and females have an equal division and right; but the mother's children are excluded by children of the deceased and by fon's children,

how low foever, as well as by the father and the grandfather; as the learned agree. The hufband takes in two cafes; half, on failure of children, and fon's children, and a fourth, with children or fon's children, how low foever they descend.

On Women.

WIVES take in two cafes; a fourth goes to one or more on failure of children, and fon's children how low foever; and an eighth with children, or fon's children, in any degree of descent. Daughters begotten by the deceased take in three cafes: half goes to one only, and two thirds to two or more; and, if there be a fon, the male has the fhare of two females, and he makes them refiduaries. The fon's daughters are like the daughters begotten by the deceased; and they may be in fix cafes: half goes to one only, and two thirds to two or more, on failure of daughters begotten by the deceased; with a fingle daughter of the deceafed, they have a fixth, completing (with the daughter's half), two thirds; but, with two daughters of the deceased, they have no fhare of the inheritance, unless there be, in an equal degree with, or in a lower degree than, them, a boy, who makes

them refiduaries. As to the remainder between them, the male has the portion of two females; and all of the fon's daughters are excluded by the fon himself.

If a man leave three fon's daughters, fome of them in lower degrees than others, and three daughters of the fon of another fon, fome of them in lower degrees than others, and three daughters of the fon's fon of another fon, fome of them in lower degrees than others, as in the following table, this is called the cafe of tashbib.

Son, Daughter, Son, Daughter, Son,

Son, Daughter, Son, Daughter, Son, Daughter,

Here the eldest of the first line has none equal in degree with her; the middle one of the first line is equalled in degree by the eldest of the second; and the youngest of the first line is equalled by the middle one of the second, and by the eldest of the third line; the youngest

of the second line is equalled by the middle one of the third line, and the youngest of the third fet has no equal in degree.-When thou hast comprehended this, then we fay: the eldest of the first line has a moiety; the middle one of the first line has a fixth together with her equal in degree to make up two thirds; and thofe in lower degrees never take any thing, unless there be a fon with them, who makes them refiduaries, both her who is equal to him in degree, and her who is above him; but who is not entitled to a fhare: thofe below him are excluded.

Sifters by the fame father and mother may be in five cases: half goes to one alone; two thirds to two or more; and, if there be brothers by the fame father and mother, the male has the portion of two females; and the females become residuaries through him by reason of their equality in the degree of relation to the deceased; and they take the residue, when they are with daughters, or with fon's daughters, by the faying of Him, on whom be bleffing and peace! "Make fifters, with daughters, refi"duaries."

Sifters by the fame father only are like fifters by the fame father and mother, and may be in feven cafes: half goes to one, and two thirds to two or more on failure of fifters by the fame father and mother; and with one fifter by