ページの画像
PDF
ePub

as good a title to exercise these rights as any of their predeceffors, it would be unjust to deprive them of that priviledge without giving them an equitable compenfation; but when the exercise of these rights ftands in the way of improving the national territory, and of supplying the public markets with provifions, it must be deemed impolitic in the legislature to permit them to exist.

It is very generally known, that one great obftacle to improvement arifes from a laudable anxiety in the customary tenants to have their little patrimony defcend to their children. These fmall properties (loaded with fines, heriots, and boondays, joined to the neceffary expence of bringing up and educating a numerous family) can only be handed down from father to fon by the utmost thrift, hard labour, and penurious living; and every little faving being hoarded up for the payment of the eventful fine, leaves nothing for the expence of travelling to see improved modes of culture; to gain a knowledge of the management and profits of different breeds of stock; and to be convinced, by ocular proofs, that their own fituations are capable of producing fimilar advantages: and even should they be half inclined to adopt a new practice, prudence whifpers, that should the experiment fail, it would require the favings of many years to make good the deficiency. Cuftomary tenures

is

[ocr errors]

is allowed on all hands to be a great grievance and check to improvement. Might not this be done away on the divifion of common rights? The yearly value of the various customs, fines, &c. might be fettled by commiffioners, and twenty five, or any reasonable number of years purchase on this yearly value, be the price of the enfranchisement, which might be paid in money, or in land, at the option of the copyhold tenant *.

It is impoffible any folid argument can be urged against the propriety of abolishing, without delay, every remain of the feudal fyftem, where it tends, in the smallest degree, to obftruct the general improvement of the country. This may be accomplished with very little trouble. All that appears neceffary, in regard to copyhold lands, for instance, is, either to adopt the plan abovementioned, or to pafs one general act of parliament, empowering those who hold their eftates only mediately of the crown, but immediately of a fubject fuperior, to demand of that fuperior, that, by means of legal proof, he shall afcertain the actual yearly value in money or grain of the fines payable on the alienation of the property, the death of the fuperior, or lord, or of the copyholder. Where perfonal services are payable, as cafting peats, carrying letters, &c.

* See the Report of the County of Cumberland.

the

[ocr errors]

the value of these should also be afcertained, and the proprietors, fo fituated, have it in their power to become independent by paying a reafonable number of years purchase, or by making payment annually of the fum thus afcertained. to be the value of these fines and fervices. Were. fuch an arrangement to be made, copyholders. would have an inducement to cultivate their lands in the best poffible manner; because they, not the fuperiors, would reap the profits arifing from improved cultivation. But people there are who oppose any amendment, because every alteration is a reform. Such people ought, however, to reflect, that alterations and reforms have taken place in all ages, and that it is. thereto owing our.conftitution remains fo entire. A custom, which it may not be improper here to mention, as it concerned those who cultivated the foil, was long established in this country, and at last commuted for certain ftipulated payments. Our historians affert *, that Evenus III. established an ordinance, whereby a lord of lands was entitled by law to the first night of every bride dwelling on his eftate, or imported into it by marriage. This ordinance, after it had continued in force for a confiderable period, was at last abolished by Malcom Canmore, who fixed a price at which every man might purchase

(

*Buch. lib. 4. c. 21. Spottiswood, p. 29.

to

to himself and to his bride an exemption from that violation; and which price was paid either in money or cows. A claufe, refpecting the Merchetæ mulierum is found in the oldest deeds extant. Boece affirms, that the converfion was exacted and paid among his countrymen in his time; and they are ftill conveyed in charters granted at prefent *.

If in the barbarous days of Malcom Canmore this grofs ordinance, which may be fuppofed fo congenial to the difpofitions of a rude uncivilized people as the feudal barons certainly were, could be commuted by the payment of a stipulated fine, how much more eafy would it be in the present times to make an arrangement, whereby all fuch fervices as above-mentioned should be for ever abolished? The continuance of fuch flavish cuftoms must be attributed to the want of attention, not of energy, in the executive go vernment of the country.

• Wallace on Ancient Peerages, p. 56,

SEC

SECTION IV.

The improper Management of the Crown-Lands.

FROM what was formerly ftated refpecting the crown-lands, and which also applied to those in poffeffion of his Royal Highnefs the Prince of Wales, the reader is not to learn, that they are neither in that improved ftate into which they are capable of being put, nor productive to that degree which they might be rendered, were they in poffeffion of private individuals. So far as the writer has feen, he hefitates not to fay, that without these lands are by fome means or other improved, it would be attended with no material bad confequences, in regard to fupplying the public markets with provifions, were the whole of them to be fwallowed up by an earthquake. At present they are, as formerly observed, a blot on the map of Great Britain; and as fuch they are likely to remain till the wisdom of vernment fhall point out a way whereby they can, at a fair market price, become the property of those who would be difpofed to expend money, labour, and attention, on the improvement of them. The circumftance of thefe extensive tracts of improveable land remaining annexed to VOL. IV,

Z

go

the

« 前へ次へ »