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alone render them reasonable; are no more。 In the present state
of Europe; the proprietor of a single acre of land is as
perfectly secure of his possession as the proprietor of a hundred
thousand。 The right of primogeniture; however; still continues to
be respected; and as of all institutions it is the fittest to
support the pride of family distinctions; it is still likely to
endure for many centuries。 In every other respect; nothing can be
more contrary to the real interest of a numerous family than a
right which; in order to enrich one; beggars all the rest of the
children。
Entails are the natural consequences of the law of
primogeniture。 They were introduced to preserve a certain lineal
succession; of which the law of primogeniture first gave the
idea; and to hinder any part of the original estate from being
carried out of the proposed line either by gift; or devise; or
alienation; either by the folly; or by the misfortune of any of
its successive owners。 They were altogether unknown to the
Romans。 Neither their substitutions nor fideicommisses bear any
resemblance to entails; though some French lawyers have thought
proper to dress the modern institution in the language and garb
of those ancient ones。
When great landed estates were a sort of principalities;
entails might not be unreasonable。 Like what are called the
fundamental laws of some monarchies; they might frequently hinder
the security of thousands from being endangered by the caprice or
extravagance of one man。 But in the present state of Europe; when
small as well as great estates derive their security from the
laws of their country; nothing can be more completely absurd。
They are founded upon the most absurd of all suppositions; the
supposition that every successive generation of men have not an
equal right to the earth; and to all that it possesses; but that
the property of the present generation should be restrained and
regulated according to the fancy of those who died perhaps five
hundred years ago。 Entails; however; are still respected through
the greater part of Europe; in those countries particularly in
which noble birth is a necessary qualification for the enjoyment
either of civil or military honours。 Entails are thought
necessary for maintaining this exclusive privilege of the
nobility to the great offices and honours of their country; and
that order having usurped one unjust advantage over the rest of
their fellow citizens; lest their poverty should render it
ridiculous; it is thought reasonable that they should have
another。 The common law of England; indeed; is said to abhor
perpetuities; and they are accordingly more restricted there than
in any other European monarchy; though even England is not
altogether without them。 In Scotland more than one…fifth; perhaps
more than one…third; part of the whole lands of the country are
at present supposed to be under strict entail。
Great tracts of uncultivated land were; in this manner; not
only engrossed by particular families; but the possibility of
their being divided again was as much as possible precluded for
ever。 It seldom happens; however; that a great proprietor is a
great improver。 In the disorderly times which gave birth to those
barbarous institutions; the great proprietor was sufficiently
employed in defending his own territories; or in extending his
jurisdiction and authority over those of his neighbours。 He had
no leisure to attend to the cultivation and improvement of land。
When the establishment of law and order afforded him this
leisure; he often wanted the inclination; and almost always the
requisite abilities。 If the expense of his house and person
either equalled or exceeded his revenue; as it did very
frequently; he had no stock to employ in this manner。 If he was
an economist; he generally found it more profitable to employ his
annual savings in new purchases than in the improvement of his
old estate。 To improve land with profit; like all other
commercial projects; requires an exact attention to small savings
and small gains; of which a man born to a great fortune; even
though naturally frugal; is very seldom capable。 The situation of
such a person naturally disposes him to attend rather to ornament
which pleases his fancy than to profit for which he has so little
occasion。 The elegance of his dress; of his equipage; of his
house; and household furniture; are objects which from his
infancy he has been accustomed to have some anxiety about。 The
turn of mind which this habit naturally forms follows him when he
comes to think of the improvement of land。 He embellishes perhaps
four or five hundred acres in the neighbourhood of his house; at
ten times the expense which the land is worth after all his
improvements; and finds that if he was to improve his whole
estate in the same manner; and he has little taste for any other;
he would be a bankrupt before he had finished the tenth part of
it。 There still remain in both parts of the United Kingdom some
great estates which have continued without interruption in the
hands of the same family since the times of feudal anarchy。
Compare the present condition of those estates with the
possessions of the small proprietors in their neighbourhood; and
you will require no other argument to convince you how
unfavourable such extensive property is to improvement。
If little improvement was to be expected from such great
proprietors; still less was to be hoped for from those who
occupied the land under them。 In the ancient state of Europe; the
occupiers of land were all tenants at will。 They were all or
almost all slaves; but their slavery was of a milder kind than
that known among the ancient Greeks and Romans; or even in our
West Indian colonies。 They were supposed to belong more directly
to the land than to their master。 They could; therefore; be sold
with it; but not separately。 They could marry; provided it was
with the consent of their master; and he could not afterwards
dissolve the marriage by selling the man and wife to different
persons。 If he maimed or murdered any of them; he was liable to
some penalty; though generally but to a small one。 They were not;
however; capable of acquiring property。 Whatever they acquired
was acquired to their master; and he could take it from them at
pleasure。 Whatever cultivation and improvement could be carried
on by means of such slaves was properly carried on by their
master。 It was at his expense。 The seed; the cattle; and the
instruments of husbandry were all his。 It was for his benefit。
Such slaves could acquire nothing but their daily maintenance。 It
was properly the proprietor himself; therefore; that; in this
case; occupied his own lands; and cultivated them by his own
bondmen。 This species of slavery still subsists in Russia;
Poland; Hungary; Bohemia; Moravia; and other parts of Germany。 It
is only in the western and southwestern provinces of Europe that
it has gradually been abolished altogether。
But if great improvements are seldom to be expected from
great proprietors; they are least of all to be expected when they
employ slaves for their workmen。 The experience of all ages and
nations; I believe; demonstrates that the work done by slaves;
though it appears to cost only their maintenance; is in the end
the dearest of any。 A person who can acquire no property; can
have no other interest but to eat as much; and to labour as
little as possible。 Whatever work he does beyond what is
sufficient to purchase his own maintenance can be squeezed out of
him by violence only; and not by any interest of his own。 In
ancient Italy; how much the cultivation of corn degenerated; how
unprofitable it became to the master when it fell under the
management of slaves; is remarked by both Pliny and Columella。 In
the time of Aristotle it had not been much better in ancient
Greece。 Speaking of the ideal republic described in the laws of
Plato; to maintain five thousand idle men (the number of warriors
supposed necessary for its defence) together with their women