33© AGRICULTURAL ECONOMICS 



such a character as to make them injurious to the interests of the 

 farmers. These regulations were likely to be of such a character 

 as would make it impossible for the farmers to adjust their 

 farming to the demands of the times. In the Vale of Gloucester, 

 for example, where nearly all of the land was as yet in the 

 common fields, the tenants were required " to fallow the arable 

 land, every third or fourth year; according to the established 

 course of husbandry of the township." And again, " not to 

 sow hemp, flax, or rape seed on any part of the premises. Nor, 

 otherwise, to cross-crop ; but to sow the same corn and grain, 

 from year to year, according to the best and most usual course of 

 husbandry used in the respective townships." * 



In writing on the subject of the restricting clauses, generally 

 found in the leases of his time, Robert Brown says : " The 

 restrictions imposed during the time he occupies his farm, 

 prevent the farmer from changing his management, or of adapt- 

 ing his crops to the nature of the soil he possesses. Agriculture 

 is a living science which is progressively improving, consequently 

 what may be esteemed a good course of cropping at one time, 

 may, from experience and observation, be afterwards found 

 defective and erroneous. That particular covenants in a lease 

 are obstacles to improvements cannot be disputed ; for the very 

 nature of a covenant supposes that the practice to be regulated 

 by it had arrived at its ne plus ultra, and could not be mended. 

 These covenants or restrictions subsist more or less in every 

 lease we heard of ; and the shorter the lease the more numerous 

 they are. . . . General rules of management are very proper 

 in leases, such as, to keep the farm in good order, to consume 

 all the straw raised upon it, and to sell no dung. These restric- 

 tions we will allow ; and every good farmer will follow them 

 whether he is bound to do so or not. Nay, we will go farther — 

 if leases of a proper duration were granted, it is very reasonable 

 that the property of the landlord should be protected by restrict- 

 ing clauses for the three years previous to their expiration. 

 But after all, it will be found that no clause can be inserted, 

 besides the general ones already mentioned, that will serve to 

 1 W. Marshall, "Rural Economy of Gloucestershire," Vol. I, p. 25. 



