freeholder, is but a "tenant" of the Crown. In Russia, even when the
cultivators of the soil were serfs of the landed proprietor, his
proprietary right in the land was limited by rights of theirs
belonging to them as a collective body managing its own affairs, and
with which he could not interfere. And in most of the countries of
continental Europe when serfage was abolished or went out of use,
those who had cultivated the land as serfs remained in possession of
rights as well as subject to obligations. The great land reforms of
Stein and his successors in Prussia consisted in abolishing both the
rights and the obligations, and dividing the land bodily between the
proprietor and the peasant, instead of leaving each of them with a
limited right over the whole. In other cases, as in Tuscany, the
_metayer_ farmer is virtually co-proprietor with the landlord, since
custom, though not law, guarantees to him a permanent possession and
half the gross produce, so long as he fulfils the customary conditions
of his tenure.
Again: if rights of property over the same things are of different
extent in different countries, so also are they exercised over
different things. In all countries at a former time, and in some
countries still, the right of property extended and extends to the
ownership of human beings. There has often been property in public
trusts, as in judicial offices, and a vast multitude of others in
France before the Revolution; there are still a few patent offices in
Great Britain, though I believe they will cease by operation of law on
the death of the present holders; and we are only now abolishing
property in army rank. Public bodies, constituted and endowed for
public purposes, still claim the same inviolable right of property in
their estates which individuals have in theirs, and though a sound
political morality does not acknowledge this claim, the law supports
it. We thus see that the right of property is differently interpreted,
and held to be of different extent, in different times and places;
that the conception entertained of it is a varying conception, has
been frequently revised, and may admit of still further revision. It
is also to be noticed that the revisions which it has hitherto
undergone in the progress of society have generally been improvements.
When, therefore, it is maintained, rightly or wrongly, that some
change or modification in the powers exercised over things by the
persons legally recognised as their proprietors would be beneficial to
the public and conducive to the general improvement, it is no good
answer to this merely to say that the proposed change conflicts with
the idea of property. The idea of property is not some one thing,
identical throughout history and incapable of alteration, but is
variable like all other creations of the human mind; at any given time
it is a brief expression denoting the rights over things conferred by
the law or custom of some given society at that time; but neither on