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By Root 4917 0

which I have attained. None of them are very favourable to your scheme of entail, nor perhaps to any scheme. My observation, that only he who acquires an estate may bequeath it capriciously,a if it contains any conviction, includes this position likewise, that only he who acquires an estate may entail it capriciously. But I think it may be safely presumed, that ”he who inherits an estate, inherits all the power legally concomitant;” and that ”He who gives or leaves unlimited an estate legally limit-able, must be presumed to give that power of limitation which he omitted to take away, and to commit future contingencies to future prudence.” In these two positions I believe Lord Hailes will advise you to rest; every other notion of possession seems to me full of difficulties and embarrassed with scruples.

‘If these axioms be allowed, you have arrived now at full liberty without the help of particular circumstances, which, however, have in your case great weight. You very rightly observe, that he who passing by his brother gave the inheritance to his nephew, could limit no more than he gave; and by Lord Hailes’s estimate of fourteen years’ purchase, what he gave was no more than you may easily entail according to your own opinion, if that opinion should finally prevail.

‘Lord Hailes’s suspicion that entails are encroachments on the dominion of Providence, may be extended to all hereditary privileges and all permanent institutions; I do not see why it may not be extended to any provision but for the present hour, since all care about futurity proceeds upon a supposition, that we know at least in some degree what will be future. Of the future we certainly know nothing; but we may form conjectures from the past; and the power of forming conjectures, includes, in my opinion, the duty of acting in conformity to that probability which we discover. Providence gives the power, of which reason teaches the use. I am, dear Sir, your most faithful servant,

‘Feb. 9, 1776.’ ’sAM. JOHNSON.”

‘I hope I shall get some ground now with Mrs. Boswell; make my compliments to her, and to the little people.

‘Don’t burn papers; they may be safe enough in your own box, – you will wish to see them hereafter.’

To THE SAME

‘DEAR SIR, – To the letters which I have written about your great question I have nothing to add. If your conscience is satisfied, you have now only your prudence to consult. I long for a letter, that I may know how this troublesome and vexatious question is at last decided.a I hope that it will at last end well. Lord Hailes’s letter was very friendly, and very seasonable, but I think his aversion from entails has something in it like superstition. Providence is not counteracted by any means which Providence puts into our power. The continuance and propagation of families makes a great part of the Jewish law, and is by no means prohibited in the Christian institution, though the necessity of it continues no longer. Hereditary tenures are established in all civilized countries, and are accompanied in most with hereditary authority. Sir William Temple considers our constitution as defective, that there is not an unalienable estate in land connected with a peerage; and Lord Bacon mentions as a proof that the Turks are Barbarians, their want of Stirpes,534 as he calls them, or hereditary rank. Do not let your mind, when it is freed from the supposed necessity of a rigorous entail, be entangled with contrary objections, and think all entails unlawful, till you have cogent arguments, which I believe you will never find. I am afraid of scruples.

‘I have now sent all Lord Hailes’s papers; part I found hidden in a drawer in which I had laid them for security, and had forgotten them. Part of these are written twice: I have returned both the copies. Part I had read before.

‘Be so kind as to return Lord Hailes my most respectful thanks for his first volume; his accuracy strikes me with wonder; his narrative is far superiour to that of Henault, as I have formerly mentioned.

‘I am afraid that the trouble, which my irregularity and delay has