179^* ^" leases. 129 



is secured to them bj law *. To every one acquaint- 

 ed with the decisions of our courts of justice, these 

 facts need no illustration. They will find, upon look- 

 ing into the statute books, and revising the establiOi- 

 ■ed practice of inferior county courts, that improve- 



* The earliest period of modern impiovementt in Scotland cannot be 

 carried farther back than the year 1746. The abolifnirg heritable juris- 

 diction», at that time, gave to the f ipreme courts of justice an authority 

 they had not till then pofsefsed ; but it was long after that period before 

 poor teninrs, in distant parts of the country, felt that, by meins of an ap- 

 peal from inferior county courts, whose decisions were in marty cases re» 

 ^ulated by former practice, called use OttdivoKt, they could obtain that 

 full security they ought to enjoy. Hence it was common for Undlcrds, 

 in many parts of the country, whatever were the terms of the lease, 

 to resume pcfsefsion on the death of the person to whom the leise was 

 granted ; and this was so common that the h'^irs did not even think of 

 lodging a claim for it. This practice, is I believe, inmo3C pans of the 

 country, now exploded. But in distant parts of ^the country an innun-e- 

 rab!e train of opprefsive circumstances s'.ill are inforced by a blind adhe- 

 rence to customs, unauthorised by law, respecting mills, and servitudes of 

 various sorts, which tend greatly to depiefs the tenants ; and which their 

 fcort sighted proprietors , in many cases, support with all their authority ; 

 not aware, that while they are doing so, they are, in the most effectual 

 manner they can, d'minilhing theirown income. The'idea wliich sj long 

 andunlversiliy prevailed in Scotland,, of a proprtecor having llie entire 

 and absolute authority over tho^e on his es:ate, has still kf pt so much pof- 

 icfiiion of men's minds, as to make landlords in general look with a jei- 

 lous eye upoi long leases, and secure pofsefslon to a tenant. They are 

 no: aware, that while men can obtain absolute security to enjoy tiie fruits 

 of their industry in oihtr p.oftfsions, thcj will require it in agriculture, 

 otherwise they will employ their stock elsewhere. They see spirited 

 men, in countries where th^si notions prevail, abandoning farming, ani 

 employing their stbck in oihcr undertakings. Still, however, a predilec- 

 tion prevails in tlie distant parts of th's country for farming, v. hich de- 

 tains a few in that businefs. Should that predilection totally abate, a gcn(v 

 •ral poverty of tenantry must iv'Sue. I' is the interest of every land- 

 •Jord to guard agiinstthis great evil ; which in aland of fie.-dom c»a 

 only be done by giving such leases as insure a proper return to the tcn»at 

 '•for the outlay of stofk, and industry upon the subject. 



VOL. X. R t 



