University of Virginia Library

Epistle X. To Sabinus.

by the Same. [Mr. Henley.]

YOU write me Word, that Sabina, who left us her Heirs, no where appears to have given her Servant Modestus his Freedom; yet has put him down a Legacy in these Terms, To Modestus whom I have made free. Do you ask what I think of it? I have advis'd with Council, and they all agree, that Liberty is not his Right, because it is not granted him, nor yet the Legacy, because it is bequeath'd to her Servant. But it seems to me a plain Mistake, and therefore I think we must proceed, as if Sabina and left in Writing a Grant of Freedom, which she imagin'd she had left. I am confident, that you will come into my Notion, since it is your Practice to observe the Wills of the Dead in the most Religious manner; the very Understanding of which, to good and honest Heirs, has the Force of Law. For Honesty carries an equal Power over us, as Necessity does over others. Let him therefore remain in Freedom by our Allowance and Permission; let him enjoy his Legacy as fully, as if all the most nice Precautions

had been taken by her. For she has done that sufficiently by her Choice of just Heirs.

Farewell.