1803.] thoughts en CdnJIrunive ReJlricJlons. 1 3 



ping, but as containing an obligation on the tenant to keep his 

 land clean and in good heart. In this way we believe it was an- 

 ciently underflood, and fo might prove advantageous to the par- 

 ties. 



The claufe, as applying to the prcfervation of breaks, is ftill 

 more abfurd, though it is condrtent with our knowledge that it 

 was lately founded upon in an aiSlion for miflabour. It is well 

 known, that fifty or fixty years ago, almoft the whole infield 

 land of Scotland was divided into what was technically called 

 mucked land breaks. Thefe breaks generally an^ounted to four 

 in number on each farm ; and, according to the old cuftom of 

 Scotland, one of them was fown with wheat, the fecond with 

 barley, the third with oats, the fourth with peafe, and the 

 whole dung made upon the fi\rm was laid upon one of thefe 

 breaks, generally the one intended for peafe, while what was 

 called outfield was utterly neglected. Hence arofe the obliga- 

 tion to keep the land in regular breahy and any alteration was 

 chara^terifed as crofs cropping. Indeed, the abolifiiiTient of out- 

 field and infield may jiiftly be confidered as the greateft improve- 

 ment that has been introduced into Scottifh hufbandry ; yet 

 this improvement could not have been accompliihed had the 

 claufe in queftion been adhered to. 



It may here be remarked, that the fov/ing a greater quantity 

 of wheat than culiomary in the penult year of the leafe, before 

 the introdu<Stionof fummer fallow or the abolifiiment of outfield, 

 neceflTarily was a contravention of the general claufe ; therefore 

 fuch a deviation from good hufbandry might, in confiftence 

 with the ftrictefl: principles of juflice, be prevented or punilhed. 

 The cufiom of the country, as already faid, was then to fow 

 wheat on one break, viz. that which had carried peafe in the 

 preceding year. If the tenant exceeded his ufual quantity, it 

 occafioned crofs cropping, or, in other words, caufed a depar- 

 ture from the fyftem univerfally ellablifhed at the time. The 

 complete alteration which, in our agricultural fyftem, has taken 

 place during the courfe of the lafi: century, therefore renders the 

 ancient conl'aetudinary law altogether ufelefs. By fallowing a great 

 breadth of ground, or by an extenfive ufe of fallow crops, the 

 fowing of wheat may be carried on to a much greater height 

 than was practicable under the old fyftem. To apply the ufages 

 and cuftoms of a period (perhaps right at the time) to the ufages 

 and cuftoms of a period wherein hufbandry is pradiied upon 

 principles different in every refpe<5t, is a manifeft abfurdity. I may 

 here borrow the words judicioully flated in the fecond number 

 of lafl volume, as they are quite applicable to the queftion under 

 difcuflion. " The numerous difputes in our law courts con- 



yoi,. IV. NO. xni. B cerning 



