Blackwood's Edinburgh Magazine, Volume 64, No. 393, July 1848 — John Shaqi
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
"In an Appendix to the 'Sketches of the History of Man,'
published in 1774, Lord Kames says, 'The quantity of land that
is locked up in Scotland by entails has damped the growing
spirit of agriculture. There is not produced sufficiency of
corn at home for our consumption; and our condition will become
worse and worse by new entails, till agriculture and industry be
annihilated.' Now the extent of land under entail in Scotland
has been certainly more than doubled, perhaps more than trebled,
since this paragraph was written, and yet agriculture and
manufactures have made a more rapid progress in Scotland in the
interval, and especially during the last thirty years, when
entails were most prevalent, than in England or in any other
country whatever."--P. 71.
Lord Kames, in this respect, seems to have had the same subtle
ingenuity in prophesying counter to the event, as distinguishes Mr
Cobden.
The first part of Mr M'Culloch's volume contains a cursory
historical view of the earliest regulations of succession and
inheritance. Thus, at p. 16, he traces the right of primogeniture,
or preference of the eldest son, to the Mosaic law. We are far from
maintaining that the specific details of the code promulgated on
Sinai are a model of law for all nations; on the contrary, they
were no doubt intended to be such as a wise human law-giver would
frame, and consequently more or less applicable according to the
changes and differences of social organisation. But we do hold that
these laws indicate to mankind principles which are to be observed
in all times and by all nations. Thus, the septennial release of
debts, the return of every man to his possession in the year of
jubilee, the prohibition of interest upon loans except to an alien,
even the poor man's portion in the field and vineyard, may or
may not be regulations adapted to a particular existing state of
society. But they enunciate a principle of mercy and forbearance
towards the poor and unfortunate, of which, we fear, our political
economists and commercial legislators are too apt to lose sight. In
conformity with this view, when we hear the right of primogeniture
assailed as contrary to the law of nature, (by the way, where is
this much-talked-of law of nature to be found?) we may safely appeal
to the express recognition by the Jewish law of "the right of the
first-born as the beginning of his father's strength," to show
that the custom of primogeniture is at all events not repugnant to
instinctive justice or the common-sense of mankind. The old Saxon
law of gavelkind might be better adapted to a superabundance of
land and a thin population; the preference of the youngest son, by
the custom of Borough-English, might well prevail among the far
progenitors of the Saxon race on the steppes of Scythia,[1] when
the elder brothers would be sent forth to roam over the boundless
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