The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
By the Feudal Law, all landed property is, by a feigned conclusion,
supposed to be derived, and therefore to be mediately or immediately
held, from the crown. If some estates were so derived, others were
certainly procured by the same original title of conquest by which the
crown itself was acquired, and the derivation from the king could in
reason only be considered as a fiction of law. But its consequent rights
being once supposed, many real charges and burdens grew from a fiction
made only for the preservation of subordination; and in consequence of
this, a great power was exercised over the persons and estates of the
tenants. The fines on the succession to an estate, called in the feudal
language _reliefs_, were not fixed to any certainty, and were therefore
frequently made so excessive that they might rather be considered as
redemptions or new purchases than acknowledgments of superiority and
tenure. With respect to that most important article of marriage, there
was, in the very nature of the feudal holding, a great restraint laid
upon it. It was of importance to the lord that the person who received
the feud should be submissive to him; he had, therefore, a right to
interfere in the marriage of the heiress who inherited the feud. This
right was carried further than the necessity required: the male heir
himself was obliged to marry according to the choice of his lord; and
even widows, who had made one sacrifice to the feudal tyranny, were
neither suffered to continue in the widowed state nor to choose for
themselves the partners of their second bed. In fact, marriage was
publicly set up to sale. The ancient records of the Exchequer afford
many instances where some women purchased by heavy fines the privilege
of a single life, some the free choice of an husband, others the liberty
of rejecting some person particularly disagreeable. And what may appear
extraordinary, there are not wanting examples where a woman has fined in
a considerable sum, that she might not be compelled to marry a certain
man; the suitor, on the other hand, has outbid her, and solely by
offering more for the marriage than the heiress could to prevent it, he
carried his point directly and avowedly against her inclinations. Now,
as the king claimed no right over his immediate tenants that they did
not exercise in the same or in a more oppressive manner over their
vassals, it is hard to conceive a more general and cruel grievance than
this shameful market, which so universally outraged the most sacred
relations among mankind. But the tyranny over women was not over with
the marriage. As the king seized into his hands the estate of every
deceased tenant in order to secure his relief, the widow was driven
often by an heavy composition to purchase the admission to her dower,
into which it should seem she could not enter without the king's
consent.
Public-domain text, read in full here on John Shaqi.
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