Life and Correspondence of David Hume, Volume 2 — David Hume — John Shaqi
Life and Correspondence of David Hume, Volume 2
David Hume · en
"DEAR SIR,--I can easily perceive that your friends were no lawyers, who
said that there was no statute in Henry the Seventh's reign, which
facilitated the alienation of lands, and broke the ancient entails: it
is 4 Hen. VII. cap. 24; but a man may read that passage fifty times, and
not find any thing that seems, in the least, to point that way. I should
certainly have overlooked the meaning of it, had I not been guided by
Lord Kames. You must know that it was a practice in the courts of
justice, before Henry the Seventh's time, to break entails by a device
which seems very ridiculous, but which is continued to this day, and
first received the sanction of law during the reign of that prince. You
have an entailed estate, I suppose, and want to break the entail. You
agree with me that I am to claim the estate by a sham title, prior to
the first entailer; you confess in court that my title is good and
valid; the judges, upon this confession of the party, adjudge the estate
to me; upon which I immediately restore the estate to you, free and
unencumbered; and by this hocus-pocus the entail is broke.--Such was the
practice, pretty common before Henry the Seventh. All that the
parliament then did, was to regulate the method of proceeding in this
fine device, and to determine that the titles of minors, and femmes
couvert, were not to be injured by it. As to other people, who had an
interest to preserve an entail, and who had any good reason to plead in
their own favour, they would naturally appear for themselves. This
practice is called a fine, and a recovery: fine, from the Latin word
finis; because it forecloses all parties, and puts a final issue to
their claims and pretensions: a recovery, because a man thereby recovers
his estate, without the encumbrance of an entail.
"By the bye, I am told, that there are many of these practices still
continued in the law of England; which are as foolish, juvenile, and
ridiculous, as are to be met with in ---- I mean in ---- I would be
understood to mean in ---- any craft or profession of the world.[33:1]
"I am writing the History of England, from the accession of Henry the
Seventh, and am some years advanced in Henry the Eighth. I undertook
this work because I was tired of idleness, and found reading alone,
after I had often perused all good books, (which I think is soon done,)
somewhat a languid occupation. As to the approbation or esteem of those
blockheads who call themselves the public, and whom a bookseller, a
lord, a priest, or a party can guide, I do most heartily despise it. I
shall be able, I think, to make a tolerable smooth, well-told tale of
the history of England during that period; but I own I have not yet been
able to throw much new light into it. I begin the Reformation to-morrow.
"I find the public, with you, have rejected the Epigoniad, for the
present. They may do so if they please; but it has a great deal of
merit, much more than any one of them is capable of throwing into a
work.