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elder and younger； between male and female； in the inheritance of
lands than we do in the distribution of movables。 But when land
was considered as the means； not of subsistence merely； but of
power and protection； it was thought better that it should
descend undivided to one。 In those disorderly times every great
landlord was a sort of petty prince。 His tenants were his
subjects。 He was their judge； and in some respects their
legislator in peace； and their leader in war。 He made war
according to his own discretion； frequently against his
neighbours； and sometimes against his sovereign。 The security of
a landed estate； therefore； the protection which its owner could
afford to those who dwelt on it； depended upon its greatness。 To
divide it was to ruin it； and to expose every part of it to be
oppressed and swallowed up by the incursions of its neighbours。
The law of primogeniture； therefore； came to take place； not
immediately； indeed； but in process of time； in the succession of
landed estates； for the same reason that it has generally taken
place in that of monarchies； though not always at their first
institution。 That the power； and consequently the security of the
monarchy； may not be weakened by division； it must descend entire
to one of the children。 To which of them so important a
preference shall be given must be determined by some general
rule； founded not upon the doubtful distinctions of personal
merit； but upon some plain and evident difference which can admit
of no dispute。 Among the children of the same family； there can
be no indisputable difference but that of sex； and that of age。
The male sex is universally preferred to the female； and when all
other things are equal； the elder everywhere takes place of the
younger。 Hence the origin of the right of primogeniture； and of
what is called lineal succession。
Laws frequently continue in force long after the
circumstances which first gave occasion to them； and which could
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 sa