The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
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Taschenbuch
Erscheinungsdatum
26.08.2026
Verlag
Eileen LibrarySeitenzahl
100
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22,9/15,2/0,6 cm
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159 g
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Englisch
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9798240878879
n order to lay this matter with full satisfaction before the reader, I shall col- lect into one point of view, and state as shortly and as clearly as I am able, the purport of these laws, according to the objects which they affect, with- out making at present any further observation upon them, but just what shall be necessary to render the drift; and intention of the legislature and the tendency and operation of the laws the more distinct and evident. 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 di- vided 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 re- 3 EDMUND BURKE spectable, and their fortunes, however considerable, would be wholly dissi- pated, 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 con- nection by marriage, being disabled from making any disposition, in con- sideration 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. The operation of this law, however certain, might be too slow. The present possessors might happen to be long-lived. The legislature knew the natural impatience of expectants, and upon this principle they gave encouragement to children to anticipate the inheritance. For it is provided, that the eldest son of any Papist shall, immediately on his conformity, change entirely the nature and properties of his father's legal estate: if he before held in fee sim- ple, or, in other words, had the entire and absolute dominion over the land, he is reduced to an estate for his life only, with all the consequences of the natural debility of that estate, bywhich he becomes disqualified to sell, mort- gage, charge, (except for his life,) or in any wise to do any act by which he may raise money for relief in his most urgent necessities. The eldest son, so conforming, immediately acquires, and in the lifetime of his father, the per- manent part, what our law calls the reversion and inheritance of the estate; Court of Chancery, where he may compel him to swear to the value of his
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