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And every student of technical jurisprudence must have come across the same view, clothed in the language of a rather different school, which, in its rationale of this department of law, treats succession ex testamento as the mode of devolution which the property of deceased persons ought primarily to follow, and then proceeds to account for succession ab intestato as the incidental provision of the lawgiver for the discharge of a function which was only left unperformed through the neglect or misfortune of the deceased proprietor.
Erasmus is with Rousseau among those who cannot bear the consciousness of guilt, out of a sort of mental cleanliness. Not to be able to repay a benefit with interest, makes him ashamed and sad. He cannot abide 'dunning creditors, unperformed duty, neglect of the need of a friend'. If he cannot discharge the obligation, he explains it away.
He has all the following certainties, at least: that he himself is ready for the change; that he believes it would be a good and beneficent one; that unless some one begins the work of preparation, assuredly there will be no consummation; and that if he declines to take a part in the matter, there can be no reason why every one else in turn should not decline in like manner, and so the work remain for ever unperformed.
At every station that day, pay had been taken for service unperformed, and it was more than once demanded twice over. We trusted the repeated assurance of the postmaster at Næs, that our tickets had been forwarded at once, and paid him accordingly. But at the first station next morning we found that he had not done so; and this interlinked chain of swindling lasted the whole day.
Longmore's further enquiries were arrested by the arrival of a young lady with a bandbox; but he went away with the promise of a note of introduction, to be immediately dispatched to him at Saint-Germain. He then waited a week, but the note never came, and he felt how little it was for Mrs. Draper to complain of engagements unperformed.
Within a year after the location of his family on the banks of the Black-warrior, her husband, we learned, had died; and the widow was thus far on her way back to Virginia, accompanied by such of her household as remained to her; this was the 22nd of December, and there yet remained five hundred miles of her journey unperformed.
"There is something I am forced to go away from England without having done; a solemn duty I have to leave unperformed. Miss Nevill, will you undertake to do it for me?" "Really, Monsieur D'Arblet, you are very mysterious; it depends, of course, upon what this duty is if it is very difficult, or very unpleasant." "It is neither difficult nor unpleasant.
If one mind is neglected, then we fail as a generation, a state, a nation, as members of the human family, to answer the highest purposes of existence. Some possible good is unaccomplished, some desirable labor is unperformed, some means of progress is neglected, some evil seed, it may be, is sown, for which this generation must answer to all the successions of men.
The reason was that the tasks were everywhere left unperformed, so long as they might still have been performed with ease; the neglect of the simplest precautionary measures produced the most dreadful mischiefs and misfortunes, and transformed dependent classes and impotent kings into antagonists on a footing of equality.
"At least, they shall say of me," thought this exemplary man, "that I leave no public duty unperformed or ill-performed!" Sad, indeed, that an introspection so profound and acute as this poor minister's should be so miserably deceived!
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