VII. THE STUARTS.

The accession of the Stuarts to the throne of England took place under peculiar circ.u.mstances. The nation had just pa.s.sed through two very serious struggles--one political, the other religious. The land which had been in the possession of religious communities, instead of being retained by the state for educational or religious purposes, had been given to favorites. A new cla.s.s of ownership had been created--the lay impropriators of t.i.thes. The suppression of retainers converted land into a quasi property. The extension to land of the powers of bequest gave the possessors greater facilities for disposing thereof. It was relieved from the princ.i.p.al feudal burden, military service, but remained essentially feudal as far as tenure was concerned. Men were no longer furnished to the state as payment of the knight's fee; they were cleared off the land, to make room for sheep and oxen, England being in that respect about two hundred years in advance of Ireland, though without the outlet of emigration. Vagrancy and its attendant evils led to the Poor Law.

James I. and his ministers tried to grapple with the altered circ.u.mstances, and strove to subst.i.tute and equitable Crown rent or money payment for the existing and variable claims which were collected by the Court of Ward and Livery. The knight's fee then consisted of twelve plough-lands, a more modern name for "a hide of land." The cla.s.s burdened with knight's service, or payments in lieu thereof, comprised 160 temporal and 26 spiritual lords, 800 barons, 600 knights, and 3000 esquires. The knight's fee was subject to aids, which were paid to the Crown upon the marriage of the king's son or daughter. Upon the death of the possessor, the Crown received primer-seizen a year's rent. If the successor was an infant, the Crown under the name of Wardship, took the rents of the estates. If the ward was a female, a fine was levied if she did not accept the husband chosen by the Crown. Fines on alienation were also levied, and the estates, though sold, became escheated, and reverted to the Crown upon the failure of issue. These various fines kept alive the principle that the lands belonged to the Crown as representative of the nation; but, as they varied in amount, James I.

proposed to compound with the tenants-in-fee, and to convert them into fixed annual payments. The n.o.bles refused, and the scheme was abandoned.

In the succeeding reign, the attempt to stretch royal power beyond its due limits led to resistance by force, but it was no longer a mere war of n.o.bles; their power had been destroyed by Henry VII. The Stuarts had to fight the people, with a paid army, and the Commons, having the purse of the nation, opposed force to force. The contest eventuated in a military protectorship. Many of the princ.i.p.al tenants-in-fee fled the country to save their lives. Their lands were confiscated and given away; thus the Crown rights were weakened, and Charles II. was forced to recognize many of the t.i.tles given by Cromwell; he did not dare to face the convulsion which must follow an expulsion of the novo h.o.m.o in posession of the estates of more ancient families; but legislation went further--it abolished all the remaining feudal charges. The Commons appear to have a.s.sented to this change, from a desire to lessen the private income of the Sovereign, and thus to make him more dependent upon Parliament, This was done by the 12th Charles II., cap. 24. It enacts:

"That the Court of Ward and Liveries, primer seizin, etc., and all fines for alienation, tenures by knight's service, and tenures in capite, be done away with and turned into fee and common socage, and discharged of homage, escuage, aids, and reliefs. All future tenures created by the king to be in free and common socage, reserving rents to the Crown and also fines on alienation. It enables fathers to dispose of their children's share during their minority, and gives the custody of the personal estate to the guardians of such child, and imposes in lieu of the revenues raised in the Court of Ward and Liveries, duties upon beer and ale."

The land was relieved of its legitimate charge, and a tax on beer and ale imposed instead! the landlords were relieved at the expense of the people. The statute which accomplished this change is described by Blackstone as

"A greater acquisition to the civil property of this kingdom than even Magna Charta itself, since that only pruned the luxuriances that had grown out of military tenures, and thereby preserved them in vigor; but the statute of King Charles extirpated the whole, and demolished both root and branches."

The efforts of James II. to rule contrary to the wish of the nation, led to his expulsion from the throne, and showed that, in case of future disputes as to the succession, the army, like the Praetorian Guards of Rome, had the election of the monarch. The Red and White Roses of the Plantagenets reappeared under the altered names of Whig and Tory; but it was proved that the decision of a leading soldier like the Duke of Marlborough would decide the army, and that it would govern the nation; fortunately the decision was a wise one, and was ratified by Parliament: thus FORCE governed LAW, and the decision of the ARMY influenced the SENATE. William III. succeeded, AS AN ELECTED MONARCH, under the Bill of Rights. This remarkable doc.u.ment contains no provision, securing the tenants-in-fee in their estates; and I have not met with any treatise dealing with the legal effects of the eviction of James II. All patents were covenants between the king and his heirs, and the patentees and their heirs. The expulsion of the sovereign virtually destroyed the t.i.tle; and an elected king, who did not succeed as heir, was not bound by the patents of his predecessors, nor was William asked, by the Bill of Rights, to recognize any of the existing t.i.tles. This anomalous state of things was met in degree by the statute of prescriptions, but even this did not entirely cure the defect in the t.i.tles to the princ.i.p.al estates in the Kingdom. The English tenants in decapitating one landlord and expelling another, appear to have destroyed their t.i.tles, and then endeavored to renew them by prescriptive right; but I shall not pursue this topic further, though it may have a very definite bearing upon the question of landholding.

It may not be uninteresting to allude rather briefly to the state of England at the close of the seventeenth century. Geoffrey King, who wrote in 1696, gives the first reliable statistics about the state of the country. He estimated the number of houses at 1,300,000, and the average at four to each house, making the population 5,318,000. He says there was but seven acres of land for each person, but that England was six times better peopled than the known world, and twice better than Europe. He calculated the total income at L43,500,000, of which the yearly rent of land was L10,000,000. The income was equal to L7, 18s.

0d. per head, and the expense L7, 11s. 4d.; the yearly increase, 6s. 8d.

per head, or L1,800,000 per annum. He estimated the annual income of 160 temporal peers at L2800 per annum, 26 spiritual peers at L1300, of 800 baronets at L800, and of 600 knights at L650.

He estimated the area at 39,000,000 acres (recent surveys make it 37,319,221). He estimated the arable land at 11,000,000 acres, and pasture and meadow at 10,000,000, a total of 21,000,000. The area under all kinds of crops and permanent pasture was, in 1874, 26,686,098 acres; therefore about five and a half million acres have been reclaimed and added to the arable land. As the particulars of his estimate may prove interesting, I append them in a note.

[Footnote--Geoffrey King thus cla.s.sifies the land of England and Wales:

Acres. Value/Acre Rent

Arable Land, 11,000,000 L0 5 10 L3,200,000 Pasture and Meadow, 10,000,000 0 9 0 4,500,000 Woods and Coppices, 3,000,000 0 5 0 750,000 Forests, Parks, and Covers, 3,000,000 0 3 6 550,000 Moors, Mountains, and Barren Lands, 10,000,000 0 1 0 500,000 Houses, Homesteads, Gardens, Orchards,) 1,000,000 (The Land, 450,000 Churches, and Churchyards, ) (The Buildings, 2,000,000 Rivers, Lakes, Meres, and Ponds, 500,000 0 2 0 50,000 Roadways and Waste Lands, 500,000 ---------- ------- ---------- 39,000,000 L0 6 0 L12,000,000

He estimates the live stock thus: Value without the Skin Beeves, Stirks, and Calves, 4,500,000 L2 0 0 L9,000,000 Sheep and Lambs, 11,000,000 0 8 0 4,400,000 Swine and Pigs, 2,000,000 0 16 0 1,600,000 Deer, Fawns, Goats and Kids, 247,900

15,247,900

Horses, 1,200,000 2 0 0 3,000,000 Value of Skins, 2,400,000 ----------- L20,647,900

The annual produce he estimated as follows:

Acres Rent Produce Grain, 10,000,000 L3,000,000 L8,275,000 Hemp, Flax, etc., 1,000,000 200,000 2,000,000 b.u.t.ter, Cheese, and Milk, ) ( 2,500,000 Wool, ) ( 2,000,000 Horses bred, ) ( 250,000 Flesh Meat, )- 29,000,000 6,800,000 -( 3,500,000 Tallow and Hides, ) ( 600,000 Hay Consumed, ) ( 2,300,000 Timber, ) ( 1,000,000 ---------- ----------- ----------- Total 39,000,000 L10,000,000 L22,275,000]

He places the rent of the corn land at about one third of the produce, and that of pasture land at rather more. The price of meat per lb. was: beef 1 and 1/8d.; mutton, 2 and 1/4d.; pork, 3d.; venison, 6d.; hares, 7d.; rabbits, 6d. The weight of flesh-meat consumed was 398,000,000 lbs., it being 72 lbs. 6 oz. for each person, or 3 and 1/6 oz. daily.

I shall have occasion to contrast these figures with those lately published when I come to deal with the present; but a great difference has arisen from the alteration in price, which is owing to the increase in the quant.i.ty of the precious metals.

The reign of the last sovereign of this unfortunate race was distinguished by the first measures to inclose the commons and convert them into private property, with which I shall deal hereafter.

The changes effected in the land laws of England during the reigns of the Stuarts, a period of 111 years, were very important. The act of Charles II. which abolished the Court of Ward and Liveries, appeared to be an abandonment of the rights of the people, as a.s.serted in the person of the Crown; and this alteration also seemed to give color of right to the claim which is set up of property in land, but the following law of Edward III. never was repealed:

"That the king is the universal lord and original proprietor of all land in his kingdom, and that no man doth or can possess any part of it but what has mediately or immediately been derived as a gift from him to be held on feodal service."

No lawyer will a.s.sert for any English subject a higher t.i.tle than tenancy-in-fee, which bears the impress of holding and denies the a.s.sertion of ownership.

The power of the n.o.bles, the tenants-in-fee, was strengthened by an act pa.s.sed in the reign of William and Mary, which altered the relation of landlord and tenant. Previous thereto, the landlord had the power of distraint, but he merely held the goods he seized to compel the tenant to perform personal service. It would be impossible for a tenant to pay his rent if his stock or implements were sold off the land. As the Tudor policy of money payments extended, the greed for pelf led to an alteration in the law, and the act of William and Mary allowed the landlord to sell the goods he had distrained. The tenant remained in possession of the land without the means of tilling it, which was opposed to public policy. This power of distraint was, however, confined to holdings in which there were leases by which the tenant covenanted to allow the landlord to distrain his stock and goods in default of payment of rent. The legislation of the Stuarts was invariably favorable to the possessor of land and adverse to the rights of the people. The government during the closing reigns was oligarchical, so much so, that William III., annoyed at the restriction put upon his kingly power, threatened to resign the crown and retire to Holland; but the aristocracy were unwilling to relax their claims, and they secured by legislation the rights they appeared to have lost by the deposition of the sovereign.

The population had increased from 5,000,000 in 1603 to 5,750,000 in 1714, being an average increase of less than 7000 per annum.

VIII. THE HOUSE OF HANOVER.

The first sovereign of the House of Hanover ascended the throne not by right of descent but by election; the legitimate heir was set aside, and a distant branch of the family was chosen, and the succession fixed by act of Parliament; but it is held by jurists that every Parliament is sovereign and has the power of repealing any act of any former Parliament. The beneficial rule of some of the latter monarchs of this family has endeared them to the people, but the doctrine of reigning by divine right, the favorite idea of the Stuarts, is nullified, when the monarch ascends the throne by statute law and not by succession or descent.

The age of chivalry pa.s.sed away when the Puritans defeated the Cavaliers. The establishment of standing armies and the creation of a national debt, went to show that money, not knighthood or knight's service, gave force to law. The possession of wealth and of rent gave back to their possessors even larger powers than those wrested from them by the first Tudor king. The maxim that "what was attached to the freehold belonged to the freehold," gave the landlords even greater powers than those held by the sword, and of which they were despoiled.

Though nominally forbidden to take part in the election of the representatives of the Commons, yet they virtually had the power, the creation of freehold, the substance and material of electoral right; and consequently both Houses of Parliament were essentially landlord, and the laws, for the century which succeeded the ascension of George I., are marked with the a.s.sertion of landlord right which is tenant wrong.

Among the exhibitions of this influence is an act pa.s.sed in the reign of George II., which extended the power of distraint for rent, and the right to sell the goods seized--to all tenancies. Previous legislation confined this privilege solely to cases in which there were leases, wherein the tenant, by written contract, gave the landlord power to seize in case of non-payment of rent, but there was no legal authority to sell until it was given by an act pa.s.sed in the reign of William III.

The act of George II. presumed that there was such a contract in all cases of parole letting or tenancy-at-will, and extended the landlord's powers to such tenancies. It is an anomaly to find that in the freest country in the world such an arbitrary power is confided to individuals, or that the landlord-creditor has the precedence over all other creditors, and can, by his own act, and without either trial or evidence, issue a warrant that has all the force of the solemn judgment of a court of law; and it certainly appears unjust to seize a crop, the seed for which is due to one man, and the manure to another, and apply it to pay the rent. But landlordism, intrusted with legislative power, took effectual means to preserve its own prerogative, and the form of law was used by parliaments, in which landlord influence was paramount, to pa.s.s enactments which were enforced by the whole power of the state, and sustained individual or cla.s.s rights.

The effect of this measure was most unfortunate; it encouraged the letting of lands to tenants-at-will or tenants from year to year, who could not, under existing laws, obtain the franchise or power to vote--they were not FREEMEN, they were little better than serfs. They were tillers of the soil, rent-payers who could be removed at the will of another. They were not even freeholders, and had no political power--no voice in the affairs of the nation. The landlords in Parliament gave themselves, individually by law, all the powers which a tenant gave them by contract, while they had no corresponding liability, and, therefore, it was their interest to refrain from giving leases, and to make their tenantry as dependent on them as if they were mere serfs.

This law was especially unfortunate, and had a positive and very great effect upon the condition of the farming cla.s.s and upon the nation, and people came to think that landlords could do as they liked with their land, and that the tenants must be creeping, humble, and servile.

An effort to remedy this evil was made in 1832, when the occupiers, if rented or rated at the small amount named, became voters. This gave the power to the holding, not to the man, and the landlord could by simple eviction deprive the man of his vote; hence the tenants-at-will were driven to the hustings like sheep--they could not, and dare not, refuse to vote as the landlord ordered.

The lords of the manor, with a landlord Parliament, a.s.serted their claims to the commonages, and these lands belonging to the people, were gradually inclosed, and became the possession of individuals. The inclosing of commonages commenced in the reign of Queen Anne, and was continued in the reigns of all the sovereigns of the House of Hanover.

The first inclosure act was pa.s.sed in 1709; in the following thirty years the average number of inclosure bills was about three each year; in the following fifty years there were nearly forty each year; and in the forty years of the nineteenth century it was nearly fifty per annum.

The inclosures in each reign were as follows:

Acts. Acres.

Queen Anne, 2 1,439 George I., 16 17,660 George II., 226 318,784 George III., 3446 3,500,000 George IV., 192 250,000 William IV., 72 120,000 ---- --------- Total, 3954 4,207,883

These lands belonged to the people, and might have been applied to relieve the poor. Had they been allotted in small farms, they might have been made the means of support of from 500,000 to 1,000,000 families, and they would have afforded employment and sustenance to all the poor, and thus rendered compulsory taxation under the poor-law system unnecessary; but the landlords seized on them and made the tenantry pay the poor-rate.

The British Poor Law is a slur upon its boasted civilization. The unequal distribution of land and of wealth leads to great riches and great poverty. Intense light produces deep shade. Nowhere else but in wealthy England do G.o.d's creatures die of starvation, wanting food, while others are rich beyond comparison. The soil which affords sustenance for the people is rightly charged with the cost of feeding those who lack the necessaries of life, but the same object would be better achieved in a different way. Poor-rates are now a charge upon a man's entire estate, and it would be much better for society if land to an amount equivalent to the charge were taken from the estate and a.s.signed to the poor. If a man is charged with L100 a year poor-rate, it would make no real difference to him, while it would make a vast difference to the poor to take land to that value, put the poor to work tilling it, allowing them to enjoy the produce. Any expense should be paid direct by the landlord, which would leave the charge upon the land, and exempt the improvements of the tenant, which represent his labor, free.

The evil has intensified in magnitude, and a permanent army of paupers numbering at the minimum 829,281 persons, but increasing at some periods to upward of 1,000,000, has to be provided for; the cost, about L8,000,000 a year, is paid, not by landlords but by tenants, in addition to the various charities founded by benevolent persons. There are two cla.s.ses relieved under this system, and which ought to be differently dealt with--the sick and the young. Hospitals for the former and schools for the latter ought to take the place of the workhouse. It is difficult to fancy a worse place for educating the young than the workhouse, and it would tend to lessen the evil were the children of the poor trained and educated in separate establishments from those for the reception of paupers. Pauperism is the concomitant of large holdings of land and insecurity of tenure. The necessity of such a provision arose, as I have previously shown, from the wholesale eviction of large numbers of the occupiers of land; and, as the means of supplying the need came from the LAND, the expense should, like t.i.thes, have fallen exclusively upon land. The poor-rates are, however, also levied upon houses and buildings, which represent labor. The owner of land is the people, as represented by the Crown, and the charges thereon next in succession to the claims of the state are the church and the poor.

The Continental wars at the close of the eighteenth and the commencement of the nineteenth century had some effect upon the system of tillage; they materially enhanced the price of agricultural produce--rents were raised, and the national debt was contracted, which remains a burden on the nation.

The most important change, however, arose from scientific and mechanical discoveries--the application of heat to the production of motive power.