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wealbk03-第7章

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the same manner as in several of the Tartar governments of Asia

at present; taxes used to be levied upon the persons and goods of

travellers when they passed through certain manors; when they

went over certain bridges; when they carried about their goods

from place to place in a fair; when they erected in it a booth or

stall to sell them in。 These different taxes were known in

England by the names of passage; pontage; lastage; and stallage。

Sometimes the king; sometimes a great lord; who had; it seems;

upon some occasions; authority to do this; would grant to

particular traders; to such particularly as lived in their own

demesnes; a general exemption from such taxes。 Such traders;

though in other respects of servile; or very nearly of servile

condition; were upon this account called free…traders。 They in

return usually paid to their protector a sort of annual poll…tax。

In those days protection was seldom granted without a valuable

consideration; and this tax might; perhaps; be considered as

compensation for what their patrons might lose by their exemption

from other taxes。 At first; both those poll…taxes and those

exemptions seem to have been altogether personal; and to have

affected only particular individuals during either their lives or

the pleasure of their protectors。 In the very imperfect accounts

which have been published from Domesday Book of several of the

towns of England; mention is frequently made sometimes of the tax

which particular burghers paid; each of them; either to the king

or to some other great lord for this sort of protection; and

sometimes of the general amount only of all those taxes。

     But how servile soever may have been originally the

condition of the inhabitants of the towns; it appears evidently

that they arrived at liberty and independency much earlier than

the occupiers of land in the country。 That part of the king's

revenue which arose from such poll…taxes in any particular town

used commonly to be let in farm during a term of years for a rent

certain; sometimes to the sheriff of the county; and sometimes to

other persons。 The burghers themselves frequently got credit

enough to be admitted to farm the revenues of this sort which

arose out of their own town; they becoming jointly and severally

answerable for the whole rent。 To let a farm in this manner was

quite agreeable to the usual economy of; I believe; the

sovereigns of all the different countries of Europe; who used

frequently to let whole manors to all the tenants of those

manors; they becoming jointly and severally answerable for the

whole rent; but in return being allowed to collect it in their

own way; and to pay it into the king's exchequer by the hands of

their own bailiff; and being thus altogether freed from the

insolence of the king's officers… a circumstance in those days

regarded as of the greatest importance。

     At first the farm of the town was probably let to the

burghers; in the same manner as it had been to other farmers; for

a term of years only。 In process of time; however; it seems to

have become the general practice to grant it to them in fee; that

is for ever; reserving a rent certain never afterwards to be

augmented。 The payment having thus become perpetual; the

exemptions; in return for which it was made; naturally became

perpetual too。 Those exemptions; therefore; ceased to be

personal; and could not afterwards be considered as belonging to

individuals as individuals; but as burghers of a particular

burgh; which; upon this account; was called a free burgh; for the

same reason that they had been called free burghers or free

traders。

     Along with this grant; the important privileges above

mentioned; that they might give away their own daughters in

marriage; that their children should succeed to them; and that

they might dispose of their own effects by will; were generally

bestowed upon the burghers of the town to whom it was given。

Whether such privileges had before been usually granted along

with the freedom of trade to particular burghers; as individuals;

I know not。 I reckon it not improbable that they were; though I

cannot produce any direct evidence of it。 But however this may

have been; the principal attributes of villanage and slavery

being thus taken away from them; they now; at least; became

really free in our present sense of the word Freedom。

     Nor was this all。 They were generally at the same time

erected into a commonalty or corporation; with the privilege of

having magistrates and a town council of their own; of making

bye…laws for their own government; of building walls for their

own defence; and of reducing all their inhabitants under a sort

of military discipline by obliging them to watch and ward; that

is; as anciently understood; to guard and defend those walls

against all attacks and surprises by night as well as by day。 In

England they were generally exempted from suit to the hundred and

county courts; and all such pleas as should arise among them; the

pleas of the crown excepted; were left to the decision of their

own magistrates。 In other countries much greater and more

extensive jurisdictions were frequently granted to them。

     It might; probably; be necessary to grant to such towns as

were admitted to farm their own revenues some sort of compulsive

jurisdiction to oblige their own citizens to make payment。 In

those disorderly times it might have been extremely inconvenient

to have left them to seek this sort of justice from any other

tribunal。 But it must seem extraordinary that the sovereigns of

all the different countries of Europe should have exchanged in

this manner for a rent certain; never more to be augmented; that

branch of the revenue which was; perhaps; of all others the most

likely to be improved by the natural course of things; without

either expense or attention of their own: and that they should;

besides; have in this manner voluntarily erected a sort of

independent republics in the heart of their own dominions。

     In order to understand this; it must be remembered that in

those days the sovereign of perhaps no country in Europe was able

to protect; through the whole extent of his dominions; the weaker

part of his subjects from the oppression of the great lords。

Those whom the law could not protect; and who were not strong

enough to defend themselves; were obliged either to have recourse

to the protection of some great lord; and in order to obtain it

to become either his slaves or vassals; or to enter into a league

of mutual defence for the common protection of one another。 The

inhabitants of cities and burghs; considered as single

individuals; had no power to defend themselves; but by entering

into a league of mutual defence with their neighbours; they were

capable of making no contemptible resistance。 The lords despised

the burghers; whom they considered not only as of a different

order; but as a parcel of emancipated slaves; almost of a

different species from themselves。 The wealth of the burghers

never failed to provoke their envy and indignat
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