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6 If a soldier engaged on actual service makes a testament without specially disinheriting his children, whether born before or after the making of the will, but simply passing over them in silence, though he knows that he has children, it is provided by imperial constitutions that his silent pretermission of them shall be equivalent to special disinherison.
Such was the law introduced by our predecessors. This requires that all children, whether family heirs or emancipated, shall be specially disinherited, and declares that their pretermission shall have the effect of avoiding the will of their parent, and depriving the instituted heirs of the inheritance, no less than the pretermission of children who are family heirs or who have been emancipated, whether already born, or born after, though conceived before the making of the will.
Having thus briefly considered the original and office of a critic, as the word is understood in its most noble and universal acceptation, I proceed to refute the objections of those who argue from the silence and pretermission of authors, by which they pretend to prove that the very art of criticism, as now exercised, and by me explained, is wholly modern, and consequently that the critics of Great Britain and France have no title to an original so ancient and illustrious as I have deduced.
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