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It would be most useful to the state to increase the number of tenants-in-fee to re-create the ancient FREEMEN, the LIBERI HOMINES and I think it can be done without requiring the aid either of a new principle or new machinery, by simply placing the farmer-in-possession on the same footing as the railway shareholder. I give at foot the draft of a bill I prepared in 1866 for this object.
Many of the principal tenants-in-fee fled the country to save their lives.
This remarkable document 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.
I agree with those writers who maintain that it is prejudicial to the state that the rent fund should be enjoyed by a comparatively small number of persons, and think it would be advantageous to distribute it, by increasing the number of tenants-in-fee.
I have now concluded my brief sketch of the facts which seemed to me most important in tracing the history of LANDHOLDING IN ENGLAND, and laid before you not only the most vital changes, but also the principles which underlay them; and I shall have failed in conveying the ideas of my own mind if I have not shown you that at least from the Scandinavian or ANGLO-SAXON invasion, the ownership of land rested either in the people, or the Crown as representing the people: that individual proprietorship of land is not only unknown, but repugnant to the principles of the British Constitution; that the largest estate a subject can have is tenancy-in-fee, and that it is a holding and not an owning of the soil; and I cannot conceal from you the conviction which has impressed my mind, after much study and some personal examination of the state of proprietary occupants on the Continent, that the best interests of the nation, both socially, morally, and materially, will be promoted by a very large increase in the number of tenants-in-fee; which can be attained by the extension of principles of legistration now in active operation.
They squeezed the heads of some with knotted cords till they pierced their brains, while they threw others into dungeons swarming with serpents, snakes, and toads." There were no unoccupied lands, and had the possessors been loyal and prudent, the sovereign would have had no lands, save his own private domains, to give away, nor would the industrious have been able to become tenants-in-fee.
No lawyer will assert for any English subject a higher title than tenancy-in-fee, which bears the impress of holding and denies the assertion of ownership. The power of the nobles, the tenants-in-fee, was strengthened by an act passed in the reign of William and Mary, which altered the relation of landlord and tenant.
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 nobles refused, and the scheme was abandoned.
It seems to me to be a mistake in legislation to encourage a system by which these two funds merge into one, and that hands the income arising from the expenditure of the working classes over to the tenants-in-fee without an equivalent.
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