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probable that it was partly upon account of this advantage; and

partly upon account of the encroachments which the sovereign;

always jealous of the great lords; gradually encouraged their

villains to make upon their authority; and which seem at last to

have been such as rendered this species of servitude altogether

inconvenient; that tenure in villanage gradually wore out through

the greater part of Europe。 The time and manner; however; in

which so important a revolution was brought about is one of the

most obscure points in modern history。 The Church of Rome claims

great merit in it; and it is certain that so early as the twelfth

century; Alexander III published a bull for the general

emancipation of slaves。 It seems; however; to have been rather a

pious exhortation than a law to which exact obedience was

required from the faithful。 Slavery continued to take place

almost universally for several centuries afterwards; till it was

gradually abolished by the joint operation of the two interests

above mentioned; that of the proprietor on the one hand; and that

of the sovereign on the other。 A villain enfranchised; and at the

same time allowed to continue in possession of the land; having

no stock of his own; could cultivate it only by means of what the

landlord advanced to him; and must; therefore; have been what the

French called a metayer。

     It could never; however; be the interest even of this last

species of cultivators to lay out; in the further improvement of

the land; any part of the little stock which they might save from

their own share of the produce; because the lord; who laid out

nothing; was to get one half of whatever it produced。 The tithe;

which is but a tenth of the produce; is found to be a very great

hindrance to improvement。 A tax; therefore; which amounted to one

half must have been an effectual bar to it。 It might be the

interest of a metayer to make the land produce as much as could

be brought out of it by means of the stock furnished by the

proprietor; but it could never be his interest to mix any part of

his own with it。 In France; where five parts out of six of the

whole kingdom are said to be still occupied by this species of

cultivators; the proprietors complain that their metayers take

every opportunity of employing the master's cattle rather in

carriage than in cultivation; because in the one case they get

the whole profits to themselves; in the other they share them

with their landlord。 This species of tenants still subsists in

some parts of Scotland。 They are called steel…bow tenants。 Those

ancient English tenants; who are said by Chief Baron Gilbert and

Doctor Blackstone to have been rather bailiffs of the landlord

than farmers properly so called; were probably of the same kind。

     To this species of tenancy succeeded; though by very slow

degrees; farmers properly so called; who cultivated the land with

their own stock; paying a rent certain to the landlord。 When such

farmers have a lease for a term of years; they may sometimes find

it for their interest to lay out part of their capital in the

further improvement of the farm; because they may sometimes

expect to recover it; with a large profit; before the expiration

of the lease。 The possession even of such farmers; however; was

long extremely precarious; and still is so in many parts of

Europe。 They could before the expiration of their term be legally

outed of their lease by a new purchaser; in England; even by the

fictitious action of a common recovery。 If they were turned out

illegally by the violence of their master; the action by which

they obtained redress was extremely imperfect。 It did not always

reinstate them in the possession of the land; but gave them

damages which never amounted to the real loss。 Even in England;

the country perhaps of Europe where the yeomanry has always been

most respected; it was not till about the 14th of Henry VII that

the action of ejectment was invented; by which the tenant

recovers; not damages only but possession; and in which his claim

is not necessarily concluded by the uncertain decision of a

single assize。 This action has been found so effectual a remedy

that; in the modern practice; when the landlord has occasion to

sue for the possession of the land; he seldom makes use of the

actions which properly belong to him as landlord; the Writ of

Right or the Writ of Entry; but sues in the name of his tenant by

the Writ of Ejectment。 In England; therefore; the security of the

tenant is equal to that of the proprietor。 In England; besides; a

lease for life of forty shillings a year value is a freehold; and

entitles the lessee to vote for a Member of Parliament; and as a

great part of the yeomanry have freeholds of this kind; the whole

order becomes respectable to their landlords on account of the

political consideration which this gives them。 There is; I

believe; nowhere in Europe; except in England; any instance of

the tenant building upon the land of which he had no lease; and

trusting that the honour of his landlord would take no advantage

of so important an improvement。 Those laws and customs so

favourable to the yeomanry have perhaps contributed more to the

present grandeur of England than all their boasted regulations of

commerce taken together。

     The law which secures the longest leases against successors

of every kind is; so far as I know; peculiar to Great Britain。 It

was introduced into Scotland so early as 1449; a law of James II。

Its beneficial influence; however; has been much obstructed by

entails; the heirs of entail being generally restrained from

letting leases for any long term of years; frequently for more

than one year。 A late Act of Parliament has; in this respect;

somewhat slackened their fetters; though they are still by much

too strait。 In Scotland; besides; as no leasehold gives a vote

for a Member of Parliament; the yeomanry are upon this account

less respectable to their landlords than in England。

     In other parts of Europe; after it was found convenient to

secure tenants both against heirs and purchasers; the term of

their security was still limited to a very short period; in

France; for example; to nine years from the commencement of the

lease。 It has in that country; indeed; been lately extended to

twenty…seven; a period still too short to encourage the tenant to

make the most important improvements。 The proprietors of land

were anciently the legislators of every part of Europe。 The laws

relating to land; therefore; were all calculated for what they

supposed the interest of the proprietor。 It was for his interest;

they had imagined; that no lease granted by any of his

predecessors should hinder him from enjoying; during a long term

of years; the full value of his land。 Avarice and injustice are

always short…sighted; and they did not foresee how much this

regulation must obstruct improvement; and thereby hurt in the

long…run the real interest of the landlord。

     The farmers too; besides paying the rent; were anciently; it

was supposed; bound to perform a great number of services to the

landlord; which were seldom either specified in the lease; or

regulated by any precise rule; but by the use and wont of the

manor or barony。 These services; therefore; being almost entirely

arbitrary; subjected the tenant to many vexations。 In Scotland

the abolition of all services not precisely stipulated in the

lease has in the course of a few years very much altered for the

better the condition of the yeomanry of that country。

     The public services to which the yeomanry were bound were

not less arbitrary than the private ones。 To make and maintain

the high roads; a servitude which still subsists; I believe;

everywhere; though with different degrees of oppression in

different countries; was not the only one。 When the king's

troops; when his household or his officers of any kind passed

through any part of the country; the yeomanry were bound to

provide them with horses; carriages; and provisions; at a price

regulated by the purveyor。 Great Britain is; I believe; the only

monarchy in Europe where the oppression of purveyance has been

entirely abolished。 It still subsists in France and Germany。

     The public taxes to which they were subject were as

irregular and oppressive as the services。 The ancient lords;

though extremely unwilling to grant themselves any pecuniary aid

to their sovereign; easily allowed him to tallage; as they called

it their tenants; and had not knowledge enough to foresee how

much this must in the end affect their own revenue。 The taille;

as it still subsists in France; may serve as an example of those

ancient tallages。 It is a tax upon the supposed profits of the

farmer; which they estimate by the stock that he has upon the

farm。 It is his interest; therefore; to appear to have as little

as possible; and consequently to employ as little as possible in

its cultivation; and none in its improvement。 Should any stock

happen to accumulate in the hands of a French farmer; the taille

is almost equal t

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