SUMMARY REMEDIES. 131 



in the following quotations gives a very clear insight 

 into their origin : 



" When the German and Scythian nations overran the west- 

 ern part of the Roman empire, the confusion which followed 

 so great a revolution lasted for several centuries. The rapine 

 and violence which the barbarians exercised against the ancient 

 inhabitants, interrupted the commerce between the towns and 

 the country. The towns were deserted, and the country was 

 left uncultivated, and the western provinces of Europe, which 

 had enjoyed a considerable degree of opulence under the Ro- 

 man empire, sunk into the lowest state of poverty and barbar- 

 ism. During the continuance of those confusions, the chiefs 

 and principal leaders of those nations acquired or usurped to 

 themselves the greater part of the lands of those countries. A 

 great part of them was uncultivated; but no part of them, 

 whether cultivated or uncultivated, was left without a propri- 

 etor. All of them were engrossed, and the greater part by a 

 few great proprietors. 



" This original engrossing of uncultivated lands, though a 

 great, might have been but a transient evil. They might have 

 soon been divided again, and broke into small parcels either 

 by succession or by alienation. The law of primogeniture hin- 

 dered them from being divided by succession ; the introduction 

 of entails prevented their being broke into small parcels by 

 alienation. 



" When land, like movables, is considered as the means only 

 of subsistence and enjoyment, the natural law of succession di- 

 vides it, like them, among all the children of the family ; of all 

 whom the subsistence and enjoyment may be supposed equally 

 dear to the father. This natural law of succession accordingly 

 took place among the Romans, who made no more distinction 

 between elder and younger, between male and female, in the in- 

 heritance 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 



