The personal title of the first proprietor must be determined by his death: but the possession, without any appearance of change, is peaceably continued in his children, the associates of his toil and the partners of his wealth. This natural inheritance has been protected by the legislators of every climate and age, and the father is encouraged to persevere in slow and distant improvements, by the tender hope that a long posterity will enjoy the fruits of his labor. The _principle_ of hereditary succession is universal; but the _order_ has been variously established by convenience or caprice, by the spirit of national institutions, or by some partial example which was originally decided by fraud or violence. The jurisprudence of the Romans appears to have deviated from the equality of nature much less than the Jewish, the Athenian, or the English institutions. On the death of a citizen all his descendants, unless they were already freed from his paternal power, were called to the inheritance of his possessions. The insolent prerogative of primogeniture was unknown; the two sexes were placed on a just level; all the sons and daughters were entitled to an equal portion of the patrimonial estate; and if any of the sons had been intercepted by a premature death, his person was represented and his share was divided by his surviving children. On the failure of the direct line, the right of succession must diverge to the collateral branches. The degrees of kindred are numbered by the civilians, ascending from the last possessor to a common parent, and descending from the common parent to the next heir: my father stands in the first degree, my brother in the second, his children in the third, and the remainder of the series may be conceived by fancy, or pictured in a genealogical table. In this computation a distinction was made, essential to the laws and even the constitution of Rome; the _agnats_, or persons connected by a line of males, were called, as they stood in the nearest degree, to an equal partition; but a female was incapable of transmitting any legal claims; and the _cognats_ of every rank, without excepting the dear relation of a mother and a son, were disinherited by the _Twelve Tables_, as strangers and aliens. Among the Romans a _gens_ or lineage was united by a common _name_ and domestic rites; the various _cognomens_ or _surnames_ of Scipio or Marcellus distinguished from each other the subordinate branches or families of the Cornelian or Claudian race: the default of the _agnats_, of the same surname, was supplied by the larger denomination of _gentiles_; and the vigilance of the laws maintained in the same name the perpetual descent of religion and property.