@oldguardians making this answer a separate post because itâs kind of interesting*!
ââI 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.ââ
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 ve daughters, in favour of a man whom nobody cared anything about.â
(In the interest of not getting bogged down in legal minutiae, Iâll keep this pretty general. Please note that I am vastly oversimplifying some legal concepts here for the sake of explaining the issue clearly. If youâre an attorney/barrister/whatever, donât @ me - I KNOW itâs all much more nuanced than this.)
Pride & Prejudice is set somewhere around 1811. In the novel, the Bennetsâ ownership interest in the family estate is famously said to be âentailedâ away from the Bennet girls in favor of their cousin, Mr. Collins. This is specifically explained to be because Mr. Bennet has no sons, and thus his estate reverts back to his closest male relative.
In the real world, entailment could (and usually did) work that way. But there is an enormous, glaring issue: English entailments have long been very VERY easy to defeat** through a remedy called Common Recovery. If Longbourn was truly entailed away from the female descendants, as the novel indicates, Mr. Bennet could have hired an attorney (his brother-in-law?) to start the Common Recovery process at any time. Within a few months, the court would render a judgment giving Mr. Bennet the property outright and free from any entailment, allowing him to leave the property to his daughters upon his death*** and make them independently wealthy women. And this wasnât just a possibility - it was a very common legal mechanism that would have been almost expected of a gentleman interested in preserving his familyâs comfort. There are hundreds of cases in the English Chancery records (featuring many families that were much less wealthy than the Bennets!) invoking this very remedy whenever fathers failed to produce sons.
So entailment makes no sense - it had basically no power over landowners by the Regency Period.
Letâs talk alternatives. In 1811, the primary way of keeping property in the male line was through another estate planning technique called strict settlement. To GREATLY simplify a complicated form of ownership, strict settlement had the present possessor of property always hold a life estate interest (they own it only until their death), with their male primogeniture descendants holding a remainder fee tail interest (read: eventual outright ownership upon their fatherâs death). Each generation of life estate owner would then force their young male descendants (the fee tail owner) upon their coming of age to give the young descendantâs unknown future male sons the remainder interest, retaining a life estate for themselves (which they would receive upon their fatherâs death). Thus the ownership system perpetuates down a male line of descendants, each generation demanding the same restrictive ownership system of their own children.
If you followed that - and I donât blame you if you didnât, as this is all very deliberately obtuse - you might think âwait okay. That kind of sounds like the Bennetsâ situation. Austen called it an entailment but maybe it was actually a strict settlement!â Several academics have tried to argue that, but it also fails for several reasons:
(1) With the Bennetsâ seemingly comfortable current income, strict settlement would have provided for significant lifetime income + dowries for Mr. Bennetâs female descendants. But in P&P, itâs made very clear that the girlsâ only possible inheritance is a tiny amount from their motherâs side and nothing from their fatherâs. If they do not marry, they will be destitute. That is extremely unlikely and would be very shameful in strict settlement ownership..
(2) It would have been inconceivable for Mr. Bennetâs father to have forced him to benefit a cousin over his own descendants, even if they were women. One of the fundamental points of strict settlement was to avoid this outcome (aka to avoid the entailment system). People did NOT want a distant male cousin to inherit property simply because there wasnât a primogeniture male descendant - they knew that if anything, their own female descendants could always produce a male heir in their marriages. Plus, Mr. Bennetâs and Mr. Collinâs fathers apparently hated each other (ref Mr. Collinsâ initial letter) - why would Mr. Bennetâs father force his son to benefit the son of a man he himself hates?
(3) For many many other reasons, a strict settlement does not match how the family talks about/treats the estate in the novel. Thereâs literally a whole law review article on this topic (cited below), and Iâll defer to that for a full discussion.
So weâre left with two possibilities: the land is entailed, and for some reason Mr. Bennet isnât willing to pay a small amount in attorneyâs fees to undo the entailment for the enormous benefit of his daughters (extremely unlikely, robs the story of all its tension), or the land is subject to a bizarre + shameful strict settlement that goes directly against everything that would have been normal at the time, and none of the characters know that (makes no sense in the story).
And then, of course, thereâs the truth: the âentailmentâ is simply a narrative device that does not reflect actual law or historical transfer of property at death, which is perfectly fine. Jane Austen was not writing a law textbook or even a legal drama. And her underlying point remains clear: Regency-era women were often in economically precarious positions and forced to marry to maintain their social and economic standings.
((If you do want a version in your head that works under the law, maybe we imagine that Mr. Collinâs father actually owned the home but was in debt to Mr. Bennet so he gave him some kind of strange lifelong leasehold interest with income from the property included. And then we ignore the passage saying Mr. Bennet having a son would have âavoidedâ the home passing to Mr. Collins + pretend that the family lied to everybody about the home being entailed to save face))
For additional reading, I highly recommend A FUNHOUSE MIRROR OF LAW: THE ENTAILMENT IN JANE AUSTENâS PRIDE AND PREJUDICE by Peter A. Appel (linked). His analysis reflects my own reading of Regency inheritance law, and I think his conclusions are generally sound. There is significant other scholarship on this subject, but I find Appelâs work the most persuasive.
* At least to me, who admittedly studies this for a living
** For fun War of the Roses reasons!
*** Or much more likely, to a male relative conservator/trustee for their benefit (probably Mrs. Bennetâs brother, the attorney)
EDIT: yes yes I know Mr. Bennett is a negligent father. Please read the full article for a more thorough discussion of that: thereâs a difference between being neglectful (not paying much attention and hoping it all works out) and downright cruel (deliberately creating a situation where your daughters WILL be homeless).
We know he is not cruel, and there is substantial textual evidence that he is not completely negligent. Upon Lydiaâs âelopementâ, he immediately leaves to deal with the problem and is shown to be highly conscientious of the economics and social politics of the situation. He also is implied to have discussed quite frankly with Elizabeth the economics of saving for their allowances and dowries, suggesting that is at least on his radar.
In doing this kind of litcrit, you have to look a bit closer and more critically than accepting the trope and making assumptions from it. Yes, he is somewhat absent from his family, but he is never written to be a cruel man and the text repeatedly shows that heâs more tapped into the family situation more than you might otherwise expect.
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