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Updated: June 17, 2025
Instinct by necessary implication involves habit; habit as necessarily always more or less modifies structure; structural modification always may be, and often is, inherited, carrying with it a tendency to the habit out of which itself arose; therefore habit and instinct are likewise heritable. Some instincts are originated artificially.
In short, we discovered that they were vessels made of ordinary human clay; so that, instead of our reverence for them being augmented by a freer intercourse, we thought less and less of them, until, poor bodies, the bit prideful lairdies were just looked down upon by our gawsie big-bellied burgesses, not a few of whom had heritable bonds on their estates.
On the better portion of the Plains say in the heart of the Buffalo region it is otherwise: though you are hundreds of miles from a human habitation other than a rude mail-station tent or ruder Indian lodge, the country wears a subdued, placid aspect; you rise a gentle slope of two or three miles, and look down the opposite incline or 'divide, and up the counterpart of that you have just traversed, seeing nothing but these gentle, wave-like undulations of the surface to limit your gaze, which contemplates at once some fifty to eighty square miles of unfenced, treeless, but green and close-cropped pasturage; and it is hard to realize that you are out of the pale of civilization, hundreds of miles from a decent dwelling-house, and that the innumerable cattle moving and grazing before you so countless that they seem thickly to cover half the district swept by your vision are not domestic and heritable the collected herds of some great grazing county, impelled from Texas or New Mexico to help subdue some distant Oregon.
The territory of Capua and the neighbouring towns, which was annexed as domain in 543, had for the most part practically passed into private possession during the following unsettled times. Less objectionable perhaps, but still not without hazard, was the arrangement by which the new allotments bore the character of heritable leaseholds and were inalienable.
In this famous treaty it was stipulated, that the succession to the united kingdom of Great Britain should be vested in the princess Sophia, and her heirs, according to the acts already passed in the parliament of England: that the united kingdoms should be represented by one and the same parliament: that all the subjects of Great Britain should enjoy a communication of privileges and advantages: that they should have the same allowances, encouragements, and drawbacks; and be under the same prohibitions, restrictions, and regulations, with respect to commerce and customs: that Scotland should not be charged with the temporary duties on some certain commodities: that the sum of three hundred and ninety-eight thousand and eighty-five pounds ten shillings, should be granted to the Scots, as an equivalent for such parts of the customs and excise charged upon that kingdom in consequence of the union, as would be applicable to the payment of the debts of England, according to the proportion which the customs and excise of Scotland bore co those of England: that, as the revenues of Scotland might increase, a further equivalent should be allowed for such proportion of the said increase as should be applicable to the payment of the debts of England: that the sura to be paid at present, as well as the monies arising from the future equivalents, should be employed in reducing the coin of Scotland to the standard and value of the English coin; in paying off the capital stock and interest due to the proprietors of the African company, which should be immediately dissolved; in discharging all the public debts of the kingdom of Scotland; in promoting and encouraging manufactures and fisheries, under the direction of commissioners to be appointed by her majesty, and accountable to the parliament of Great Britain: that the laws concerning public right, policy, and civil government, should be the same throughout the whole united kingdom; but that no alteration should be made in laws which concerned private right, except for evident utility of the subjects within Scotland: that the court of session and all other courts of judicature in Scotland, should remain as then constituted by the laws of that kingdom, with the same authority and privileges as before the union; subject, nevertheless, to such regulations as should be made by the parliament of Great Britain: that all heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, should be reserved to the owners, as rights and property, in the same manner as then enjoyed by the laws of Scotland: that the rights and privileges of the royal boroughs in Scotland should remain entire after the union: that Scotland should be represented in the parliament of Great Britain by sixteen peers and forty-five commoners, to be elected in such a manner as should be settled by the present parliament of Scotland: that all peers of Scotland, and the successors to their honours and dignities, should, from and after the union, be peers of Great Britain, and should have rank and precedency next and immediately after the English peers of the like orders and degrees, at the time of the union; and before all peers of Great Britain of the like orders and degrees, who might be created after the union: that they should be tried as peers of Great Britain, and enjoy all privileges of peers, as fully as enjoyed by the peers of England, except the right and privilege of sitting in the house of lords, and the privileges depending thereon, and particularly the right of sitting upon the trials of peers: that the crown, sceptre, and sword of state, the records of parliament, and all other records, rolls, and registers whatsoever, should still remain as they were, within that part of the united kingdom called Scotland: that all laws and statutes in either kingdom, so far as they might be inconsistent with the terms of these articles, should cease and be declared void by the respective parliaments of the two kingdoms.
The effects of the insurrection of 1745, the destruction of the patriarchal power of the Highland chiefs, the abolition of the heritable jurisdictions of the Lowland nobility and barons, the total eradication of the Jacobite party, which, averse to intermingle with the English, or adopt their customs, long continued to pride themselves upon maintaining ancient Scottish manners and customs, commenced this innovation.
The effects of the insurrection of 1745, the destruction of the patriarchal power of the Highland chiefs, the abolition of the heritable jurisdictions of the Lowland nobility and barons, the total eradication of the Jacobite party, which, averse to intermingle with the English, or adopt their customs, long continued to pride themselves upon maintaining ancient Scottish manners and customs, commenced this innovation.
In the year 297 an increase of the tribunes from four to ten was sanctioned a very dubious gain; and in the following year, by an Icilian -plebiscitum- which was admitted among the sworn privileges of the plebs, the Aventine, which had hitherto been a temple-grove and uninhabited, was distributed among the poorer burgesses as sites for buildings in heritable occupancy.
Heritable leases and ground-rents charged upon property could not legally exist. Contracts On the other hand, contracts between private persons under ordinary circumstances gave no claim for legal aid on the part of the state.
They were, indeed, heritable and to be held on a perfectly secure tenure by the assignees and their descendants; but a revenue was to be paid to the State for their use: and they were to be inalienable the latter provision being a desperate expedient to check the land-hunger of the capitalist, and to save the new settlers from obedience to the economic tendencies of the times.
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