Speeches on Questions of Public Policy, Volume 1Bright, John
History
Speeches on Questions of Public Policy, Volume 1
Bright, John
Great Britain -- Politics and government -- 1837-1901
The right hon. Gentleman the President of the Board of Trade will
understand what I mean when I allude to the Land Improvement Company
which the Legislature is ready to charter for Ireland, but which it
fears to suffer to exist in England, lest the territorial influence
which ever accompanies the possession of landed estates should be lost
or diminished. But one of the difficulties to which a remedy must be
applied is the defective titles, which cannot easily be got rid of under
the present system of entails. This is one of the questions to which the
House of Commons must very soon give its serious attention. Then there
comes the question of settlements. Now, I do not say there ought not to
be any settlements; but what I mean to say is, that they are so bound up
and entangled with the system of entails as to present insuperable
difficulties in the way of dealing with land as a marketable commodity.
I have here an Opinion which I will read to the House, which I find
recorded as having been given by an eminent counsel: it is quoted in
Hayes' work on Conveyancing, and the Opinion was given on the occasion
of a settlement on the marriage of a gentleman having a fee-simple
estate:--
'The proposals extend to a strict settlement by the gentleman
upon the first and other sons of the marriage. It will appear
from the preceding observations, that where the relative
circumstances are such as in the present case, a strict
settlement of the gentleman's estate does not ordinarily enter
into the arrangement, which begins and ends with his taking the
lady's fortune, and imposing an equivalent pecuniary charge upon
his estate (for her personal benefit). The proposals seldom go
further, unless there is hereditary rank or title to be
supported, or it is in contemplation to found a family. The
former of those two circumstances do not exist in this case, and
the latter would require the settlement of the bulk of the
estates. The policy of such settlements is extremely
questionable. It is difficult to refer them, in the absence of
both the motives already indicated, to any rational principle.
The present possessor has absolute dominion; his character is
known, his right unquestionable. He is asked to reduce himself to
a mere tenant for life in favour of an unborn son, of whose
character nothing can be predicted, and who, if he can be said to
have any right, cannot possibly have a preferable right. At no
very distant period the absolute dominion must be confided to
somebody--and why should confidence be reposed in the unborn
child rather than the living parent? Such, a settlement has no
tendency to protect or benefit the father, whose advantage and
comfort ought first to be consulted. It does not shield him from
the consequences of his own imprudence. On the contrary, if his
expenditure should in any instance exceed his income, he--as a
mere tenant for life--is in danger of being obliged to borrow on
Public-domain text, read in full here on John Shaqi.
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