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We select the following Article from the First Number of a new Periodical Publica
tion, intitled the “FARMERS MAGAZINE,” a work exclufvely devoted to Agria culture and Rural Affairs ; to be published Quarterly.
ON THE SUBSETTING OF LAND.
Addrefed to the Conductors of the Farmers Magazine. GENTLENEN, I Perused your profpe&us with a ther weight against the right, than
great deal of pleasure, and rejoice merely what ought to be attached to that the nineteenth century is to be the collected voice of an equal num: introduced with such an useful publi- ber of individuals of the fame knowcation. I trust it is an evidence of ledge and information. the progress of knowledge, which is In the agricultural survey of an faft spreading amongft all ranks, and eastern county, highly celebrated for hope that you will experience a liber- superiority in rural science, the learnal lupport from the cultivators of the ed and respectable personage employ. soil, both in this and the sister king: ed to draw up the work, says, (p. dom.
128 of the Quarto edition) “it is Among the benefits which our pro- now an understood principle at comfellion will receive from a work ex- mon law, that unless the renant shall. clusively devoted to their information ftipulate this power, and that there and instruction, is the opportunity it shall be a special covenant to that efaffords of discussing every subject con- fect in the lease, he can neither affiga nected with rural economy. In nor subset ; or, in other words, if the Newspapers and Magazines of a mis. lease shall be filent upon this point, cellaneous nature, these subjects were the tenant has no soch power :" and formerly overlooked, as people thought he afterwards adds, that the prin. it unnecessary to convey their remarks ciples upon which this rule has been through such precarious and neglec- established, seems to me to be groundted channels. Your publication, ed upon good sense and found poo however, presents a sure road to at. licy.' tention, a circumftance of particular By the word now in the first part importance to those whose interest is of the quotation, it appears that this affected by the subjects difcuffed. rule has been but lately established,
Under this impression, I beg leave and that the law of Scotland was fora, to transmit you some observations, merly interpreted in a different man. upon a question which I consider as
But by whom has the alteramaterially connected with the prof. tion been introduced? Was it enacperity of agriculture in this and every ted by the three estates in parliament Other country: Namely,-Whether assembled ? No: but by i he will of tenants ought to be allowed liberty persons who are themselves proprieof subsetting their farms, where they tors of land, and who probably have have not agreed to denude themselves imbibed old feudal prejudices, which of that liberty. That they have not prevents them from observing that such a right by common law, is a such a rule, (for we will not call it a doctrine lately advanced, and I be- law,) contributes to fink the spirit of lieve partially confirmed by a few de- the tenantry, and to stop the progress cisions of our supreme court; but of agricultural improvements. taking the matter in the abftract, Mr Erskine, in his Institutes of the these decisions, unsupported as they law of Scotland, seems to entertain are by Statute law, cannot have fur- a different opinion upon this point,
and it is surprising that the jurisdic. be found. In no respect can the tion act, which abolished the old feu- landlord's interest be injured ; on the dal rule, that a vassal could not be contrary, as already said, it is addireceived on an estate without the con- tionally protected, by two or more sent of the superior, did not also a. persons being concerned in the tran. bolish the feudal clauscs in leases, pro- faction. The refusal, therefore, is bibiting a subset of land, or in other rather an instance of a lack, than a words, do away the power retained proof of sense, and as for the policy by proprietors, to prevent any person of withholding the right, it is equally from possessing land, whether they had undiscoverable. It is obvious that their permission or not, which is ex the majority of subsets would proactly similar to the feudal rule, that ceed from the inability of the origin.a vassal could not be received without al tenant to keep his poffeffion, or the consent of the superior. In this from a desire to change his situation respect the Russian boor is superior in life. In the first case, the farm to the British farmer, for, according cannot be properly cultivated, and in to the ingenious Mr Tooke, it is per- the other, the tenant may leave the fectly indifferent to the owner of the premisses under the management of estate, in what manner and by what a servant, against which practice no means the boor procures his livelihood, law has as yet been established. In so he do but regularly pay his obrok, both cases the property may be deor rent; and that under this adjutt. teriorated, and at any rate it will not ment the latter is in some sort his be improved ; whereas if a subset had own maiter, being free to dispose of been allowed, a superior tenant might his activity, as well as of the share of have been procured, whose capital was the soil committed to him. Were fufficient for the undertaking, and tenants in this country allowed in whose inclinations led him to follow like manner to alienate their properafter rural affairs. Again, in the first ty, and to change their situation, they case, a person is obliged to continue would certainly poffefs no more right in possession till his affairs are totally than is already enjoyed by the reit of embarraffed ; and in the other, he the community
muft abide like a fixture upon the But what injury wonld the landed premisses, or commit his affairs to the interest sustain from the exercise of direction of others. Let these things such a right? Would the rent be be duely considered, and the impolicy less frcured, or the prestations of the of withholding the right contended Icafe more inperfectly implemented, for will be clearly difcernible. when the tenant alienated and dispor- Under every view of the matter, ed his ltare in favours of another ? the landlord cannot be injured by the An unprejudiced person would ra- exercise of this right. It may be said ther be led to think that additional he is entitled to chuse his tenant, and obligations would create additional that by subsetting he may get a dirfecurity for the faithful discharge of agreeable person upon his etate. the burthens originally contracted, These obje&tions have little weight, than that any injury would be sustain- for whoever is the tenant in poffeffion, ed by the alienasion of the lease, and the origiual Leflee is bound for the the change of the tenant.
faithful observance of all the presta We coine now to the remark, that tions; and if these are performed, the the withholding a right to subset is landlord can have but small concern founded in good sense and sound po. with the occupant. Belides, even un. licy; and we may enquire where the der the ftricteft prohibition, the sense of the policy of the refusal is to choice of a tenant is not in a land. G 2
lord's lord's power, while the lease goes to bas specifically bound himself not to heirs general, and it may run through exercise it, hé of course is not entiť. as many
hands this way, as if it were led to complain, as he has made a law permitted to pass to afligns. Even for himself; but upon the general the disposition of the original tenant question, whether it would be found mạy change during the course of a policy to allow every tenant to alietack, and a greater alteration of con- nate his lease, in the same manner as duét may be experienced, than what is done with every other species of would have proceeded from the in property, we are clear that such a troduction of a third person. libetty would not prove prejudicial to
In a word, we consider it as found the landed intereft, while ihe public and equitable do&rine, that if a per- good would be greatly benefited, and son has not renounced a right to sub- improvements forwarded with increafset, he is, according to the principles ed rapidity. of justice, upon which law is certain. ly founded, entitled to the exercise of
Your's, &c. that right. If, on the contrary, he
A Friend to Improvements.
From the first Volume of Seledtions from the most Celebrated Foreign Literary Journals. THERE 'HERE is not a country in Italy the mean betwixt the sluggish dula
which nature has so richly en- ness of the Lombards, and the fiery dowed with all the properties that enthusiasm of the Neapolitans, they have an influence on the happy for. are fitted by nature for whatever re. mation of man as Tuscany. It is quires understanding and dexterity. bounded towards the north and eaft As far as history reaches, they have by the Apennine mountains, which 'ever taken the lead of all other Eu. not only shield it from the frosty ropean nations in arts and sciences. winds, but water it with rivers and To the Romans they taught religion, streams and salubrious springs. Ever- the theatrical art, manufactures and verdant hills and dales in alternate commerce ; and, on the return of undulation's form the surface of the light, after a universal darkness of country from one end to the other, several ages, not only the imitative becoming thus alone one scene of de- arts, but likewise history, poetry, and light both to the bodily and the men- rhetoric, mathematics and phyfics,
This charming interchange here found their first restorers. of elevation and descent, of hills and Florence is both the centre and vallies, is every where richly produce the capital of this renowned nation. tive of all for which the lesler Ara He that traverses- Italy, and surveys and the isles of Greece are so cele this city, with its circumjacent terbrated, as affording the most valua- ritories, is immediately convinced ble nutriment to mankind; and as to that a totally different genius here the wines. they are partly improved. prevails among mankind. Regulari. What else may be wanting to the ty, ornament, and fine taste, pervade comfort of life is fapplied by indus- their public places, ftreets, and villas, try aod commerce.
the ftatues, libraries, and galleries As the inhabitants of this favour- both in public and private edifices. ed climate neither breathe the wa- The people are every where civil ; tery exhalations of the slimy Po, nor and though, in their expreffion, one the steams of Vesuvius, fo keeping hears a disagreeable aspiration, more
or less, according to the various di- mico sopra la Toscana, than the offi. ftri&ts of the state ; yet their speech cers of juftice ; and nothing does to itself is so genuine and regular, so much honour to the wisdom and be full of ingenious proverbs and happy dignity of the reigning grand duke, phrafes, that, with all the corrup- as the abolition of capital punishtions which ihe reading and imitation ments among fo tra&able a people. of French writings have introduced, The difference remarked by Pla. it
may Nill be considered as the bett to between Athens and Thebes in living source of genuine language. Greece, holds good in some measure
The Florentine loves employment, in Tuscary between Florence and Pic is very diligent and induftrious. fa. Perhaps this may be partly atWhere he has a prospect of but a tributed to the vapours arising from fmall gain, or of advantageously reach- the numerous canals and dikcs that ing his aim, he is not to be discour- run through the plains of Pisa ; peraged by the method he must pursue baps too the west winds, so prevaor the paias it may cost him ; no de lent here, and blowing from the lay, no obstacle can make him flack- islands that abound in iron, may con. en his industry or abate his ardour, tribute to it. Certain it is, that the though he fee with his keen percep. Pisans are very diftinguishable from tions the improbability of success. the Florentines by a certain ferocity. He then defiits as readily and with. and hardness apparent on all occaa out murmuring, from the farther pro- fions. Throughout the whole of the secution of his project, as he is inge. Florentine history no instance can be nious in the invention of some other shewn of such an extraordinary cruprocess. To this industry of the Flo- elty as that with which the Pisans icotines we are indebted for the rise destroyed count Ugolino della Gheofexperimental philosophy; and their rardesca, with his innocent children. opulence in the fourteenth and fif. They have often given evident proofs teenth centuries was a signal effect of their hard dispositions, since the of it.
sea-fight off the tower of Melora, in They are contented with a little, their well-known bridge.plays or raand are immoderately disposed to joy. ther murderous games, which are Half a dozen of wretched ponies, or happily now abolished. The spirit a couple of old-fashioned chaises run, and rage of party, they used to exhiping å race, or a match at tennis, is bit on these occasions, was of a peci. a grand spectacle at Florence, and liar nature. For more than a month, fuficient to make the town elate with as long as the preparations and the pleasure. Happy the prince who has play lasted, husbands parted from such a people to govern! It costs him their wives, and fathers abandoned but little to attain his wishes, and to their fons, whenever they adhered to change every discontent that may a- different parties. Completely armed rise among them into pleasure and ía. in a coat of mail, and with a swingtisfaction.
ing bludgeon in their hand, they Among so contented and induftri- came upon the bridge across the Ar. ous a people great crimes are exceedl. no, one party at one end and the o. ingly rare. A man muit have refid. ther at the other, both inspired with ed
many years in Florence and in ge. a furious thirst of slaughter; and neral in Tuscany, if he can speak of whoever did not submit or yield hy three or four murders or confiderable force of heavy blows, was either fel Jobberies. Nothing seems more use. led to the ground, or caft headlong less here, says the famous count Car- into the river. It frequently happenbly in his Saggio politico ed econo, ed thrat the combatants could not hear the voice of them that yielded, he could wish, that the Sienese wa. for very fury; and then the blows men would marry with men of Pisa, were repeated by the victors till the and the Pifanese women take hufvanquished gave up the gholt. Such bands from the men of Siena. a cale actually happened, when the The ruit of the towns, containing reigning grand duke was for the first mines, in Tuscany, such as Volterra, time prelent at this favage spectacle. Arezzo, Cortona, had nothing diitin
Siena, the capital of a particular guishing enough for rendering them Juchy, is extensive, thinly peopled, famous and rich, before they were and poor. Yet the pure air of the despoiled of their liberty by the Flohills on which it stands, inspires its rentines. Nature has endowed thefe inhabitants with a chearful and lively people with an eminent capacity for fpirit. Plays and games of chance, arts and agriculture. If they had diversions, and dancing, leave them only proceeded, as they began, to vo leisure for thinking on their po. profit by the advantages their wise verty or repining at their wretched. law-giver granted them for the enness. Poetry, metaphysics, and works couragement of agriculture and trade, of ingenuity, have ufurped the place they would have had no need to palof the spirit of commerce, of arts and liate their splendid indigence by the manufactures, of courage and wealth, ftudy of Etruscan antiquities and use. for which they were formerly fo con- less genealogies. fpicuous. They still boast of the is
Peltoia, Priscia, Prato, and this maginary phantom of their ancieat whole valley, nourilh an industrious greatness. To be a member of their people, who beneficially employ them. grand council, to bring into the world selves in agriculture and manufaca handsome poem, or to solve an in- tures. All the other districts of Tusgenious queition, can so inflate the cany increase the materials of the naimagination of a Sienele, that he tional commerce by the culture of shall actually conceive himself to be a land, vineyards, and filk, and in every great and happy being. Hence arose corner people are found, expert in ihe taunting proverb, aver bevuto a promoting ihe particular and the gefonte branda, to have an overween- neral welfare. ing imagination. Lippisings, in his To what a height of prosperity poem, “ Malmantile racqui llato,'' might not such a country arise, the caoto iv. 26. relates of a Sienele, of inhabitants whereof are fitted and difthe name of Perlone, that he almost posed to the particular arts of life! thought himself to be dead, and ac- where the nobility, who in the other counts for it thus :
ftates of Italy are only employed in * Perch'egli e un di quei marti alla Sa- contriving how they may waste their nele,
lives in idleness and sleep, contribute Ch' han sempre mescolato del cativo. their utmost to the general prosperity! Siena has, potwithstanding, produced The Tuscan nobility is very 1112* in all ages men
great fame in li- merous. They do not here cooline terature, in the army, and in the themselves merely to the peculiar use church ; and it cannot be denied, of a peerage in all governments, in that its inhabitants exccil many other being the intermediate class between nations of Italy in intellectual capa. the prince and the people, in promo.. city, and mental endowments. Count ting arts, manufactures, and comRichecourt, who many years govern- merce by their luxury, in serving as a ed this country in the name of the restraint upon the people by their late emperor, used to say, that for dignity and the reverence that is paid forming a perfect species of mankind, them, and in providing such persons