lowed by all the idle inhabitants of our watering-places
Et otiosa credidit Neapolis
Et omne vicinum oppidum.
'Let us give fixity of tenure,' say many, meaning thereby, 'Let us transfer the property of the land from the owner to the tenant.' Yet this cannot be done with any regard to the rights of property, or the interests of the whole country.
The question of the tenure of land is one much more of prevailing customs and of habits, made up partly of law and partly of tradition, than a matter of positive institution, like representative assemblies and judicial tribunals.
If we go to Prussia, which is held up for our imitation, we find that serfdom existed in Prussia to a late period, that the tenant had a customary right to occupation, and had certain feudal services to perform in return. Baron Stein, in 1807, made an equitable arrangement between the landlord and the occupier, giving compensation to the landlord, and a secure property to the occupier.
But these military feudal tenures were abolished in England 200 years ago,[1] and property has since been held, generally speaking, by a freehold or copyhold tenure. The same freehold tenure prevails in Ireland. Thus, this comparison entirely fails.
In Spain, where large wild tracts are barren, Mr.
- ↑ 12 Car. II. c. 24. 'A statute,' says Blackstone, 'which was a greater acquisition to the civil property of this kingdom than even Magna Charta itself.'—Blackstone, b. ii. c. 5.
