'These, dear Sir, are my thoughts, immethodical and deliberative; but, perhaps, you may find in them some glimmering of evidence.
'I cannot, however, but again recommend to you a conference with Lord
Hailes, whom you know to be both a Lawyer and a Christian.
'Make my compliments to Mrs. Boswell, though she does not love me.
'I am, Sir,
'Your affectionate servant,
'SAM. JOHNSON.
'Feb. 3, 1773'
I had followed his recommendation and consulted Lord Hailes, who upon this subject had a firm opinion contrary to mine. His Lordship obligingly took the trouble to write me a letter, in which he discussed with legal and historical learning, the points in which I saw much difficulty, maintaining that 'the succession of heirs general was the succession, by the law of Scotland, from the throne to the cottage, as far as we can learn it by record;'[1244] observing that the estate of our family had not been limited to heirs male; and that though an heir male had in one instance been chosen in preference to nearer females, that had been an arbitrary act, which had seemed to be best in the embarrassed state of affairs at that time; and the fact was, that upon a fair computation of the value of land and money at the time, applied to the estate and the burthens upon it, there was nothing given to the heir male but the skeleton of an estate. 'The plea of conscience (said his Lordship,) which you put, is a most respectable one, especially when conscience and self are on different sides. But I think that conscience is not well informed, and that self and she ought on this occasion to be of a side.'
This letter, which had considerable influence upon my mind, I sent to Dr. Johnson, begging to hear from him again, upon this interesting question.
'To JAMES BOSWELL, ESQ.
'DEAR SIR,
'Having not any acquaintance with the laws or customs of Scotland, I endeavoured to consider your question upon general principles, and found nothing of much validity that I could oppose to this position: "He who inherits a fief unlimited by his ancestors, inherits the power of limiting it according to his own judgement or opinion." If this be true, you may join with your father.