[Footnote 236: _Si quis_, says a Law of Henry the first, _sine liberis decesserit, Pater aut Mater ejus in hereditatem succedant, vel frater, vel soror, si pater et mater desint_. (LL. Hen. 1. c. 70. Ed. Wilkins.) _Patri_, says the Norman Code, _succedit filius primogenitus: et matri similiter. Et si prior patre decesserit ejus filius, et ejus heres propinquior in eadem directa linea successionis hanc successionem obtinebit. Si vero nullus de linea primogeniti remanserit, filius post primum primogenitus, ut ejusdem lineæ propinquior decesserit, successionem hereditariam retinebit. Et similiter intelligendum est in aliis lineis postnatorum. Si vero omnes lineæ eorum decesserint, ad fratrem primogenitum redit successio feodalis, vel ad ejus lineæ propinquiorem. Si autem fratres defuerint, ex eorum linea redit ad patrem ex quo lineæ processerint._ (Le Grand Cust. de Norm. c. 25.) I conclude this note with the modern French Canon—“The Law regulates the order of succession among lawful Heirs: for want of them, the property passes to the natural children, after that to the surviving Husband or Wife; and, for want of these, then, to the state.” (Code Napoleon, s. 720.)] CHAP. V. Heirs are also bound to observe the Testaments of their Fathers, and of their other Ancestors. Of such, I mean, to whom they are Heirs; and to discharge their Debts. For every Freeman, not involved in Debt beyond his circumstances, may on his death-bed make a reasonable division[237] of his Effects, under this form, as prescribed by the custom of certain places. In the first place, he should remember his Lord, by the Gift of the best and chief thing he possesses: then the[238] Church, and afterwards other persons at his pleasure. But, whatever the Custom of different places inculcate with reference to this point, yet, according to the Law of the Realm, no man is bound to leave any thing by Will to any person in particular, unless it be his inclination; for every Man’s last Will is said to be free, according to the spirit of these Laws, as well as others. [Footnote 237: _Divisam_, derived, according to Spelman, from the French term _diviser_, to partition or divide. (Spelm. Gloss.) It is sometimes used for a boundary of Land—_metæ et rationabiles divisæ quæ ponuntur in terminis et finibus agrorum ad distinguendam prædia_, says Fleta, L. 4. c. 2. s. 17. In this latter sense our author uses it. Infra, L. 9. c. 13. 14. &c.] [Footnote 238: _His_, according to the Harl., Bodl. and Cotton. MSS., designating, probably, his parish church, and not leaving him at liberty to chuse, what church he pleased.]