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It's a beautiful point of presumptive murder, and there's been nane like it in the Justiciar Court since the case of Luckie Smith the howdie, that suffered in the year saxteen hundred and seventy-nine.
[B]y lavv no inheritance can veſt, nor can any perſon be the actual complete heir of another, till the anceſtor is previouſly dead. Nemo eſt haeres viventis [No one is the heir of the living]. Before that time the perſon vvho is next in the line of ſucceſſion is called an heir apparent, or heir preſumptive. […] Heirs preſumptive are ſuch, vvho, if the anceſtor ſhould die immediately, vvould in the preſent circumſtances of things be the heirs; but vvhoſe right of inheritance may be defeated by the contingency of ſome nearer heir being born: as a brother, or nephevv, vvhoſe preſumptive ſucceſſion may be deſtroyed by the birth of a child; or a daugher, vvhoſe preſent hopes may be hereafter cut off by the birth of a ſon. Nay, even if the eſtate hath deſcended, by the death of the ovvner, to ſuch brother, or nephevv, or daughter; in the former caſes the eſtate ſhall be deveſted and taken avvay by the birth of a poſthumous child; and, in the latter, it ſhall alſo be totally deveſted by the birth of a poſthumous ſon.
There being therefore tvvo opinions repugnant unto each other, it may not be preſumptive or skepticall in me to doubt of both, and becauſe vve remaine imperfect in the generall theory of Colours, vvee ſhall deliver at preſent a ſhort diſcovery of blacknes, vvherein although perhaps vve afford no greater ſatisfaction then others, yet ſhall our attempts exceed any; for vvee ſhall empirically and ſenſibly diſcourſe hereof, deducing the cauſes of Blackneſſe from ſuch originalls in Nature, as vve doe generally obſerve things are denigrated by Art: […]
The inſolence of your reply to me yeſterday, in the long-room, I might have overlooked, had not your preſumptive emulation in a much more intereſting affair, and a diſcovery vvhich I made this morning, concurred in perſuading me to chaſtiſe your audacity vvith my ſvvord.
The perſon in this ſituation [having a mere right of property without possession or the right of possession of the property] may have the true ultimate property of the lands in himſelf: but by the intervention of certain circumſtances, either by his ovvn negligence, the ſolemn act of his anceſtor, or the determination of a court of juſtice, the preſumptive evidence of that right is ſtrongly in favour of his antagoniſt; vvho has thereby obtained the abſolute right of poſſeſſion.
Though we had seen no land since leaving Calloa, Cape Horn was said to be somewhere to the West of us; and though there was no positive evidence of the fact, the weather encountered might be accounted pretty good presumptive proof.