The age of chivalry passed away when the Puritans defeated the
Cavaliers. The establishment of standing armies and the creation of
a national debt, went to show that money, not knighthood or knight's
service, gave force to law. The possession of wealth and of rent gave
back to their possessors even larger powers than those wrested from
them by the first Tudor king. The maxim that "what was attached to the
freehold belonged to the freehold," gave the landlords even greater
powers than those held by the sword, and of which they were despoiled.
Though nominally forbidden to take part in the election of the
representatives of the Commons, yet they virtually had the power, the
creation of freehold, the substance and material of electoral right; and
consequently both Houses of Parliament were essentially landlord, and
the laws, for the century which succeeded the ascension of George I.,
are marked with the assertion of landlord right which is tenant wrong.
Among the exhibitions of this influence is an act passed in the reign
of George II., which extended the power of distraint for rent, and the
right to sell the goods seized--to all tenancies. Previous legislation
confined this privilege solely to cases in which there were leases,
wherein the tenant, by written contract, gave the landlord power to
seize in case of non-payment of rent, but there was no legal authority
to sell until it was given by an act passed in the reign of William III.
The act of George II. presumed that there was such a contract in all
cases of parole letting or tenancy-at-will, and extended the landlord's
powers to such tenancies. It is an anomaly to find that in the freest
country in the world such an arbitrary power is confided to individuals,
or that the landlord-creditor has the precedence over all other
creditors, and can, by his own act, and without either trial or
evidence, issue a warrant that has all the force of the solemn judgment
of a court of law; and it certainly appears unjust to seize a crop, the
seed for which is due to one man, and the manure to another, and apply
it to pay the rent. But landlordism, intrusted with legislative power,
took effectual means to preserve its own prerogative, and the form of
law was used by parliaments, in which landlord influence was paramount,
to pass enactments which were enforced by the whole power of the state,
and sustained individual or class rights.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account