Chambers's Edinburgh Journal, No. 424: Volume 17, New Series, February 14, 1852Various
History
Chambers's Edinburgh Journal, No. 424: Volume 17, New Series, February 14, 1852
Various
Periodicals
At the Revolution of 1789-93, it will be recollected that the laws of
primogeniture were overthrown, and it was ordained that in future
every man's property should be divided equally among his children at
his death: there can be no doubt that considerations of justice and
humanity were at the foundation of this new law of inheritance.
Hitherto, there had been a great disparity in the condition of high
and low: certain properties, descending from eldest son to eldest son,
had become enormously large, and were generally ill managed; while
prodigious numbers of people had no property at all, and were
dependents on feudal superiors. The country was undoubtedly in a bad
condition, and some modification of the law was desirable. Reckless of
consequences, the system as it stood was utterly swept away, and that
of equal partition took its place. About the same period, vast domains
belonging to the crown, the clergy, and the nobility, were
sequestrated and sold in small parcels; so that there sprang up almost
at once a proprietary of quite a new description. Had the law of equal
partition been extended only to cases in which there was no
testamentary provision, it could not have inflicted serious damage,
and would at all events have been consistent with reason and
expediency: but it went the length of depriving a parent of the right
to distribute his property in the manner he judged best, and handed
over every tittle of his earnings in equal shares to his children. One
child might be worthless, and another the reverse; no matter--all were
to be treated alike. No preference could be shewn, no posthumous
reward could be given for general good-conduct or filial respect. In
all this, there was something so revolting to common sense, that one
feels a degree of wonder that so acute a people as the French should
have failed to observe the error into which they were plunging.
For every law, however bad, there is always some justification or plea
of necessity. Besides tending to level the position of individuals,
the plan of equal distribution of property was said to be justifiable
on the ground that there are more than two parties concerned. Society,
it was alleged, comes in as a third, and says to the parent: 'You must
provide for this son, however worthless; you must not throw him
destitute on our hands; for that is to shift the responsibility from
yourself, who brought him into the world, to us, who have nothing to
do with him.' This plea, more plausible than sound, had its effect.
That an occasional wrong might not be inflicted, a great national
error, practically injurious, was committed.
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