The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
I shall begin with those which relate to the possession and inheritance
of landed property in Popish hands. The first operation of those acts
upon this object was wholly to change the course of descent by the
Common Law, to take away the right of primogeniture, and, in lieu
thereof, to substitute and establish a new species of Statute Gavelkind.
By this law, on the death of a Papist possessed of an estate in fee
simple or in fee tail, the land is to be divided by equal portions
between all the male children; and those portions are likewise to be
parcelled out, share and share alike, amongst the descendants of each
son, and so to proceed in a similar distribution _ad infinitum_. From
this regulation it was proposed that some important consequences should
follow. First, by taking away the right of primogeniture, perhaps in the
very first generation, certainly in the second, the families of Papists,
however respectable, and their fortunes, however considerable, would be
wholly dissipated, and reduced to obscurity and indigence, without any
possibility that they should repair them by their industry or
abilities,--being, as we shall see anon, disabled from every species of
permanent acquisition. Secondly, by this law the right of testamentation
is taken away, which the inferior tenures had always enjoyed, and all
tenures from the 27th Hen. VIII; Thirdly, the right of settlement was
taken away, that no such persons should, from the moment the act passed,
be enabled to advance themselves in fortune or connection by marriage,
being disabled from making any disposition, in consideration of such
marriage, but what the law had previously regulated: the reputable
establishment of the eldest son, as representative of the family, or to
settle a jointure, being commonly the great object in such settlements,
which was the very power which the law had absolutely taken away.
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