i8o4* Revlev) of Dr GdixiWnti^s Ejffays. 355 



recefiaiy, the divifion of commons will be an uphill tafk ; feut if a 

 general bill was pafled, and "a modus cnaftid for tithcE, then the pro- 

 cefs of divifiou would go on with rapidity. 



Whether the common and walle lands are improveable to the extent 

 fuggeftcd by Dr Gardiner, we are not allr)gcther certain ; bccaufe 

 evidence is wanting to afcertain their refprdtivo cjuahtics. We are ra- 

 ther difpofed to think that their value is greatly cxa^^gcrated by many 

 people, becaufe allowance is feldom made for tlir prorluce expended in 

 working and feeding them, v.-hich for fcveral years, under the bell ma- 

 nagement, would at leail confunie one half thereof. It is evident, 

 however, after every necelTary ceclurtion was ma'ie, that if one' million 

 of acres of thcfe lands were brought into perfect cultivation, the prc- 

 fent deficiency of home produce uuuk! be made up, whillt the remain- 

 der might be improved according to circumf^ances, or to the future 

 demand of the market, which of courfe mujl always be regulated by 

 the profperity of the country. As population was augmented or lux- 

 ury increafed, a fivfii extenfion would be necelfary ; aiid that this would 

 take place from motives of private- intereft', till the whole i/land was im- 

 proved, need not be c!oubted, provided legal obllniftions wvrc removed. 



In the fourth feftion, the bad effefts of entails in a mercantile 

 country are noticed. We e.xtra6l two paragrap}i«, which will fliow Dp 

 Gardiner's fentiments on this important queltiou. 



< Indeed, I have always thought, that entails were contrary to the 

 fpirit of our cooliittition, and to the genius of a mercantile nation, 

 where as little obitruftion ought to be given to the transference of 

 land, as to that of any other property. The prchibitioos that are 

 given by entails to the fale of lands, are, in feveral ways, detrimental 

 to commerce, and obtlruft the profperity of the country. How often 

 does it happen, that creditors, by the deed of entail, are defrauded of 

 their juft debts ! Thefe fometimes amount nearly to the value of 

 the eftate ; and, in feme cafes, i have known them exceed it. From 

 this circumftance alone, entails appear to be a privilege, granted by 

 law to rich individuals, to perpctoiate their family and name at the ex- 

 pence of the public. Tiiis favours more of the afTumed power of the 

 ancient ariflocracy, than of our prtfent free conftitution, in which we 

 boaft, that all are on an equality in refpeft to the laws. 



' Thcfe fl:rong objtdions to the pratilice of locking up lands by 

 entails, and thereby preventing theni from being transferred with the 

 fame eafe and fecurity to the purcKafer, as every other fpecies of pro- 

 perty^, have long made me ardently wifh for a repeal of the aft of 

 jr)8'5. This a<51:, undoubtedly, has been rendered lefs exceptionable, 

 by the icth of George III. c. 51, fur encouraging the improvement 

 of lands in Scotland held under icitiernents of llrift entail. But as 

 they are (lill unalienable, the mofl material objedrons to this fpecics of 

 tenure continue to exiil, to the dinvinution of the wealth and profperity 

 of the country. Even truft-deeds, carried to iheir utmofl extent, as 

 they often are in England, have all the bad effefts of entails. Perhaps, 

 U^ trull deed, direding or limitiBg the fucccl^on of heirs to a landed 



eftate, 



