“Beyond the reach of reason”*
Ilya Somin, an assistant professor at George Mason University School of Law, posted at the law blog The Volokh Conspiracy about property law as a plot point in Pride and Prejudice.
The reason why it is so important for Mr. and Mrs. Bennet’s five daughters to find wealthy husbands is that they cannot inherit their father’s estate, since it is subject to the fee tail - a now archaic form of property estate that was required to pass through the male line. As a result, upon Mr. Bennet’s death, his land (which forms the overwhelming majority of his wealth) will go to his nearest male relation, the despicable Mr. Collins. In the early nineteenth century, few women could acquire significant wealth other than by inheriting it or marrying into it; thus the Bennets’ predicament. As Austen explains in Chapter 7:
Mr. Bennet’s property consisted almost entirely in an estate of two thousand a year, which, unfortunately for his daughters, was entailed, in default of heirs male, on a distant relation; and their mother’s fortune, though ample for her situation in life, could but ill supply the deficiency of his.
This plot device is far from the only property-related issue in Pride and Prejudice. It is striking that nearly all the villains in the story (Lady Catherine de Bourgh, Mrs. Bennet, Mr. Collins, and others), are motivated in large part by a desire to acquire valuable landholdings for themselves or their children. In another part of the story, Austen censures big landowners for looking down on merchants who make their living through trade rather than from income derived from their landholdings. Similar negative views of big landowners appear in several of Austen’s other novels, especially Mansfield Park and Persuasion. On the other hand, Austen wasn’t completely negative in her attitude towards the landed gentry. The good qualities of one of the key positive characters in Pride and Prejudice are first revealed through the care he bestows on his estate and its tenants.
Actually, it’s not so much owning land as what you do with it that gains one of Jane Austen’s characters the approval of his Creator.
Mr. Knightley, for instance, takes very good care of his estate, and she called it Donwell (Done-well) Abbey for pity’s sake.
Don’t forget to read the comments to the post–they’re a lot of fun!
*From P&P, Vol. I, Ch. XIII:
“Oh! my dear,” cried his wife, “I cannot bear to hear that mentioned. Pray do not talk of that odious man. I do think it is the hardest thing in the world that your estate should be entailed away from your own children; and I am sure if I had been you, I should have tried long ago to do something or other about it.”
Jane and Elizabeth attempted to explain to her the nature of an entail. They had often attempted it before, but it was a subject on which Mrs. Bennet was beyond the reach of reason; and she continued to rail bitterly against the cruelty of settling an estate away from a family of five daughters, in favour of a man whom nobody cared anything about.













December 15th, 2007 at 11:17 am
At first I had thought to link my November post about Fee Entail to this law blog, but decided to just let the group go their own way and leave well enough alone. Mr. Collins and Mrs. Bennet villains? Pah. And I was struck by the lack of understanding about class distinctions in England at the time and how they informed Jane’s view of the world. I suppose even law professors should take a literature or social history class before making blithe assumptions.