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Chambers's Edinburgh Journal, No. 424 - Volume 17, New Series, February 14, 1852 by Various
page 3 of 70 (04%)
belonging to the crown, the clergy, and the nobility, were
sequestrated and sold in small parcels; so that there sprang up almost
at once a proprietary of quite a new description. Had the law of equal
partition been extended only to cases in which there was no
testamentary provision, it could not have inflicted serious damage,
and would at all events have been consistent with reason and
expediency: but it went the length of depriving a parent of the right
to distribute his property in the manner he judged best, and handed
over every tittle of his earnings in equal shares to his children. One
child might be worthless, and another the reverse; no matter--all were
to be treated alike. No preference could be shewn, no posthumous
reward could be given for general good-conduct or filial respect. In
all this, there was something so revolting to common sense, that one
feels a degree of wonder that so acute a people as the French should
have failed to observe the error into which they were plunging.

For every law, however bad, there is always some justification or plea
of necessity. Besides tending to level the position of individuals,
the plan of equal distribution of property was said to be justifiable
on the ground that there are more than two parties concerned. Society,
it was alleged, comes in as a third, and says to the parent: 'You must
provide for this son, however worthless; you must not throw him
destitute on our hands; for that is to shift the responsibility from
yourself, who brought him into the world, to us, who have nothing to
do with him.' This plea, more plausible than sound, had its effect.
That an occasional wrong might not be inflicted, a great national
error, practically injurious, was committed.

A compulsory law of equal division of lands among the children of a
deceased proprietor, may be long in revealing its horrors in a country
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