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families got the benefit; so did the poor animals. Some few years ago the workhouse stared them in the face. Now, if they could not do a whole day's work for their master, they could do half a one on their own land.'

What also is a most important feature is that many of the tenants are young men who would certainly not have been content in that district on a mere weekly wage of 12s. or 158., but would assuredly have tried their fortune in our large towns. The fact of getting an allotment or small holding has settled them probably for life in their native district, to their own advantage and that of the surrounding community. This has been achieved without any friction or ill-feeling between landlord and farm tenant.


But though in some parts of my estate enough land has been provided, in others more is still wanted. Round Spalding, as previously stated, 180 more acres are required; and this puts me in a considerable difficulty. The rule of the estate is that as long as a tenant pays a fair rent and farms his land well, he is not to be disturbed.

He can farm as he likes, and as long as he likes; he can vote as he likes; he can pray where he likes; and (except on the Wycombe estate, where the game is reserved) he can shoot what he likes. He has practically fixity of tenure; and unless the tenant is willing to give up some of his land, how am I to provide what is 80 urgently required ? Farmers naturally object to see a field, just the other side of the garden hedge, cut up into allotments; and though I have always found my farm tenants most anxious to meet my views, yet most people feel disinclined to give up any of their land. Such a request has to be made with tact and judgment. There may,

of course, be some cases when it becomes the duty of a landlord to enforce his powers; but I can only remember one solitary instance when it was necessary for me to do so. Some years ago a field on one of my Bucks farms was out of cultivation. The villagers asked for it for allotments. I called on the tenant, and asked him to give it up. He gave a point blank refusal, saying if the subject was pressed he would give notice to quit the entire farm. Do you mean that ?' said I. 'Yes,' he replied. Well,'I answered, “I never give Dotice, but I am not above taking it, and if you don't at once give up the field which is out of cultivation, out you go at Lady Day.' “Do you mean that ?' said he. “Yes,' said I, and without a moments hesitation he said: "Take the field and as much more land as you want, and let me withdraw my notice to quit. The men had the field rent free for the first year, and it was such a help to them that they in a very few years asked for more land, which I was fortunately able to supply them with.


I began this paper by calling this a new scheme, but in reality it is an old question-forgotten and revived. Peter Lord Willoughby de Eresby, the late Lord Tollemache, Lord Suffield's father, and many others were firm believers in the value of small holdings.

In the year 1800 my grandfather, the first Lord Carrington, was President of the Board of Agriculture. He directed the secretary to employ the summer in examining the effect of a great number of parliamentary enclosures. It appeared from the inquiry that many cottagers were in consequence deprived of small pieces of land on which they kept cows, or which they cultivated themselves ; and the 'communications of the Earl of Winchelsea of that day with respect to conscientious objectors' amongst landlords, agents, and tenant farmers are well worth quoting.

Lord Winchelsea thus expresses himself :

I am more and more confirmed in my opinion that nothing is so beneficial to cottagers and landowners as having land for keeping of cows, or for gardens (according to Lord Brownlow's testimony, in nine parishes where the proportion of the poor having cows amounts to rather more than half the whole, the poor rates are 31d. in the pound; whilst in thirteen parishes where few or none have cows, poor rates are 5s. 11d. in the pound). One of the causes (of labourers' land being done away with) I apprehend to be the dislike the generality of farmers have to seeing the labourers rent any land. Perhaps one of their reasons for disliking this is that the land, if not occupied by their labourers, would fall to their own share; and another, I am afraid is, that they wish to have the labourers more dependent upon them: for which reasons they are always desirous of hiring the house and land occupied by a labourer, under pretence that by that means the landlord will be secure of his rent, and that they will keep the house in repair. This the agents are too apt to give in to, as they find it much less trouble to meet six than sixty tenants at a rent day; all parties therefore join in persuading the landlord, who, it is natural to suppose, will agree to this their plan from the manner in which it comes recommended to him, and it is in this manner the labourers in the Midlands have been dispossessed of their cow pastures. The moment the farmer obtains his wish, he takes the land to himself, and re-lets the house to the labourer, who by this means is rendered miserable, the poor rate increased, the value of the estate to the landowner diminished, and the house suffered to go to decay, which, when once fallen, the tenant will never rebuild, but the landlord must at a considerable expense. Robert Barclay, Esq., Lord Brownlow, Mr. Parkinson, Mr. Gregory of Harlaxton, Sir Robert Sheffield, Mr. Goulton, and the Revs. John Gwillin, John Shinglar, and Henry Basset all held similar views as to the advantage of labourers' land.4

To Sum UP.

My practical experience of over thirty years is that small holdings and allotments not only keep villagers on the land, but that they are ..and always have been a financial and social success.

With me they have succeeded not only round an artisan town, but equally on the clays of North and Mid Bucks, on the chalk hills and in the valleys of South Bucks, on the light lands and ordinary soils of North and Mid Lincolnshire, and best of all on the grand land of the Lincolnshire fens.

* Annual Register 1816, p. 463.

No personal credit is deserved by myself. Success has been entirely achieved by the cordial co-operation and business knowledge of my agent, Mr. Carter Jonas, of Cambridge, assisted by his two sons, by Mr. Winfrey, C.C., and by Mr. Miles, who has been subAgent and Gardener at Wycombe for forty years; also by the good-nature of my farm tenants, who have willingly given up portions of their land to help their poorer brethren in the hard race of agricultural life; and, above all, success has been achieved by the pluck, energy, and thrift of the hardy villagers, who have done so much to prove that land in England can be, and ought to be, worked at a profit, and who have given such a practical refutation to Mr. Chaplin's well-known prophecy 'that the oldest industry in the world was within measurable distance of great if not supreme: disaster.'


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FRANCE is the country that has the greatest number of judges, but it is not perhaps the one where justice is dispensed in the best

The numerous and varied jurisdictions existing there have not all come down from ancient times, several of them being of comparatively recent creation and, in fact, not yet a century old. When the narrow-minded men who brought about the Great Revolution found themselves in power, they attempted to rebuild, on the foundation of what they called their principles, the judicial edifice they had upset. They put order in place of the chaos that had been caused. Impromptu courts were no longer held in the streets, to fill the gutters with blood, but even after the repeal of the loi des suspects there were still some special tribunals in existence. It was necessary to rearrange the scattered elements of the old judicial system and the new, reconstitute the legal organisations, invest them with authority, define their powers, and surround them with the prestige that attaches to a brilliant staff of judges. This was not the work of a single day, and before its completion more than one of the principles laid down by the Revolution had disappeared. What has become of them? They are still being sought for to-day, and this laborious and barren pursuit revives from time to time some of those libertykilling ideas that a sanguinary despotism put into practice not very long ago.

It was under the Consulate that the French judicial system took its present form. A law was enacted on the 24th of August, 1790, establishing a civil court in each district, and judges for them were elected. This law provided a justice of the peace for each canton (sub-division of a district), and abolished the supreme courts which had hitherto had appellate powers. The right to hear appeals was entrusted to the district courts, and they exercised it one towards another. The administration of justice in criminal cases was, a little later, given a special form in the criminal courts of the départements. Lastly, above all the other jurisdictions, civil and commercial, there was placed a Supreme Court, the Court of Cassation. This somewhat complicated system did not endure very long. It was replaced by another which proved but little more lasting. Finally, the law of


the 7 Ventôse, an VIII (27th of February, 1800) laid down the permanent lines of our judicial institutions, and fixed in a firmer manner the limits of the various jurisdictions. The peace courts (justices de paix), the commercial courts, the criminal courts, and the Court of Cassation, were maintained. A civil court of first instance was allotted to each district, and there were created twenty-nine upper courts, which have successively been called 'Imperial Courts,' Royal Courts,' and 'Courts of Appeal.' In addition to these various tribunals, several others have been brought into existence. We will give a brief summary of the whole institution and the limits of the different jurisdictions.

The civil judicature comprises, beginning at the top--(1) the Court of Cassation; (2) the Courts of Appeal; (3) the Assize or Criminal Courts; (4) the Tribunals of First Instance; (5) the Commercial Courts; (6) the Maritime Courts, appeals from which are heard by the Courts of Appeal; (7) the Peace Courts; (8) the Councils of Experts (Conseils des prudhommes), instituted under the Second Empire to adjust disputes about wages between masters and workmen. This is not all, for we have to add what is called the * administrative' judicature, which is composed of Conseils de Préfecture, as courts of first instance, and the Conseil d'Etat as supreme and appeal court. These deal with the differences that arise between private individuals and the State with regard to State or local taxation, irregularities committed by government employees, and so forth. They are thus a rather original kind of tribunal, where the State is at once judge and party in the suit. Administrative works and commentaries declare this system to be necessary, and strive at great length to demonstrate this. They might add that a system more calculated to operate unfairly could not be devised. These courts rarely decide a case according to its merits, and take little trouble to get at the truth. It would be easy for us to cite instances in point, if this were within the scope of our article.

Alongside these civil and administrative jurisdictions there is another, closely allied to the former. We refer to the machinery for dealing with criminal cases. We will pass over this branch of the subject, although we think it is salutary to direct a stream of light now and then upon the manner in which this machinery works. What militates against the rendering of justice in France is that every culprit is ipso facto held in suspicion and looked upon as guilty. This wrong tendency is not the result of intentional ill-will, which would be odious, but is the consequence of a badly ordered

judicial system.

There are two other jurisdictions to be spoken of—the military and the naval; both of which have a military character. They were long considered most worthy of esteem, respect, and even admiration. One must have attended a sitting of a court martial before which a

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