to inherit the lot, and may leave the remainder to
him. Also he may appoint guardians for his children;
or if he die without appointing them or without making
a will, the nearest kinsmen,—two on the
father’s and two on the mother’s side,—and
one friend of the departed, shall be appointed guardians.
The fifteen eldest guardians of the law are to have
special charge of all orphans, the whole number of
fifteen being divided into bodies of three, who will
succeed one another according to seniority every year
for five years. If a man dying intestate leave
daughters, he must pardon the law which marries them
for looking, first to kinship, and secondly to the
preservation of the lot. The legislator cannot
regard the character of the heir, which to the father
is the first consideration. The law will therefore
run as follows:—If the intestate leave
daughters, husbands are to be found for them among
their kindred according to the following table of
affinity: first, their father’s brothers;
secondly, the sons of their father’s brothers;
thirdly, of their father’s sisters; fourthly,
their great-uncles; fifthly, the sons of a great-uncle;
sixthly, the sons of a great-aunt. The kindred
in such cases shall always be reckoned in this way;
the relationship shall proceed upwards through brothers
and sisters and brothers’ and sisters’
children, and first the male line must be taken and
then the female. If there is a dispute in regard
to fitness of age for marriage, this the judge shall
decide, after having made an inspection of the youth
naked, and of the maiden naked down to the waist.
If the maiden has no relations within the degree of
third cousin, she may choose whom she likes, with the
consent of her guardians; or she may even select some
one who has gone to a colony, and he, if he be a kinsman,
will take the lot by law; if not, he must have her
guardians’ consent, as well as hers. When
a man dies without children and without a will, let
a young man and a young woman go forth from the family
and take up their abode in the desolate house.
The woman shall be selected from the kindred in the
following order of succession:—first, a
sister of the deceased; second, a brother’s daughter;
third, a sister’s daughter; fourth, a father’s
sister; fifth, a daughter of a father’s brother;
sixth, a daughter of a father’s sister.
For the man the same order shall be observed as in
the preceding case. The legislator foresees that
laws of this kind will sometimes press heavily, and
that his intention cannot always be fulfilled; as
for example, when there are mental and bodily defects
in the persons who are enjoined to marry. But
he must be excused for not being always able to reconcile
the general principles of public interest with the
particular circumstances of individuals; and he is
willing to allow, in like manner, that the individual
cannot always do what the lawgiver wishes. And
then arbiters must be chosen, who will determine equitably
the cases which may arise under the law: e.g.


