Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848Various
History
Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848
Various
England -- Periodicals; Scotland -- Periodicals
Enormous fortunes were accumulated during the declining days
of the Roman republic. But entails being then unknown, and the
Roman nobility having no territorial position, these fortunes,
usually acquired by oppression and extortion in the provinces, were
squandered in largesses and corruption at home. There was no other
way in which a Roman citizen of great wealth could establish the
influence of his family. He could not, like, all English gentleman,
connect his name with a landed estate, and extend his influence by
those good offices and local duties which lie so immediately open
to a man in that capacity. As an almost necessary consequence, he
sought for power through the demoralisation and corruption of the
holders of the suffrage--causes which contributed more than any
other to the downfall of the republic. By lavishing his gold in this
manner, he obtained, not only political eminence for himself, but
also that power which led to proconsulates and proprætorships among
his heirs, and thus gave them the opportunity of repairing, by fresh
exactions, his diminished revenues.
Hence we should rather view the law of entail as an inducement to a
man to perpetuate his thousands in broad acres than to acquire his
fortune in the first instance. And, in conformity with this view,
it may be observed, that it is more generally the son or other
successor than the architect of the fortune himself who converts the
accumulated wealth into this permanent form.
Mr M'Culloch's second point--the preservation of families by means
of entails--is one of wider interest and more general importance. In
a bustling mercantile community like ours, we cannot too jealously
guard any institution which, directly or indirectly, tends to
preserve distinctions due to something more than mere wealth. And
there can be no doubt that the system of entails has saved many
an ancient line from being thrust from its home of centuries to
a strange spot, and this not only among the titled and wealthy,
but among the yeomanry and "statesmen." In England, of course, a
family may frequently perish through the possession of an estate in
fee-simple passing into the hands of an unthrifty representative
of the line, as the settlements require constant renewal. But in
Scotland the system of perpetual entail exercises a much more potent
influence in their behalf. Mr M'Culloch, though he rebuts many of
the objections urged against the Scottish law, is nevertheless
anxious to see it assimilated in a great measure to that of
England. There is, however, an exception which he would make to
the rule against perpetuity of entails. It is with regard to the
peerage, in which matter we cordially agree with him. There were,
in ancient times, instances of barons who were degraded from their
dignity on account of their lack of sufficient revenue to support
their hereditary title. The independence and the dignity of the
House of Lords would be alike maintained by an enactment enabling,
Public-domain text, read in full here on John Shaqi.
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