If the same law that applies to the land applied to books and to
inventions, the inheritors of the rights of Caxton and Shakespeare would
still be able to charge, the one a royalty on every printing press in
use, and the other a royalty on every copy of Shakespeare's poems sold.
Then there would be royalties on all the looms, engines, and other
machines, and upon all the books, music, engravings, and what not; so
that the cost of education, recreation, travel, clothing, and nearly
everything else we use would be enhanced enormously. But, thanks to a
very wise and fair arrangement an author or an inventor has a good
chance to be well paid, and after that the people have a chance to enjoy
the benefits of his genius.
Now, if it is right and expedient thus to deprive the inventor or the
author of his own production after a time, and to give the use thereof
to the public, what sense or justice is there in allowing a landowner to
hold land and to draw an ever-swelling rent to the exclusion,
inconvenience, and expense of the people for ever? And by what process
of reasoning can a landlord charge me, an author, with immorality or
confiscation for suggesting that the same law should apply to the land
he did not make, that I myself cheerfully allow to be applied to the
books I do make?
For the landlord to speak of confiscation in the face of the laws of
patent and of copyright seems to me the coolest impudence.
But there is something else to be said of the landlord's title to the
land. He claims the right to hold the land, and to exact rent for the
land, on the ground that the land is lawfully his.
The land is _not_ his.
There is no such thing, and there never was any such thing, in English
law as private ownership of land. In English law the land belongs to the
Crown, and can only be held in trust by any subject.
Allow me to give legal warranty for this statement. The great lawyer,
Sir William Blackstone, says--
Accurately and strictly speaking, there is no foundation in nature
or in natural law why a set of words on parchment should convey the
dominion of land. Allodial (absolute) property no subject in England
now has; it being a received and now undeniable principle in law,
that all lands in England are holden mediately or immediately of the
King.
Sir Edward Coke says--
All lands or tenements in England in the hands of subjects, are
holden mediately or immediately of the King. For, in the law of
England, we have not any subject's land that is not holden.
And Sir Frederick Pollock, in _English Land Lords_, says--
No absolute ownership of land is recognised by our law books,
except in the Crown. All lands are supposed to be held immediately
or mediately of the Crown, though no rent or service may be payable
and no grant from the Crown on record.
Public-domain text, read in full here on John Shaqi.
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