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, Ibelieve, 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.