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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 belie