this preference may continue even after the improvement has become general for, in every kind of trade, it is not only a great but permanent advantage, to have once pre-occupied the public reputation. Thirdly, after every superiority which might be derived from the possession of a secret has ceased, it may be well questioned whether even then any loss can accrue to employment. The same money will be spared to the same article still. Wherefore, in proportion as the article can be afforded at a lower price, by reason of an easier or shorter process in the manufacture, it will either grow into more general use, or an improvement will take place in the quality and fabric, which will demand a proportionable addition of bands. The number of persons employed in the manufactory of stockings has not, I apprehend, decreased since the invention of stocking-mills. The amount of what is expended upon the article, after subtracting from it the price of the raw material, and consequently what is paid for work in this branch of our manufactories, is not less than it was before. Goods of a finer texture are worn in the place of coarser. This is the change which the invention has produced, and which compensates to the manufactory for every other inconveniency. Add to which, that in the above, and in almost every instance, an improvement which conduces to the recommendation of a manufactory, either by the cheapness or the quality of the goods, draws up after it many dependent employments, in which no abbreviation has taken place.

From the reasoning that has been pursued, and the various considerations suggested in this chapter, a judgment may, some sort, be formed, how far regulations of law are in their nature capable of contributing to the support and advancement of population. I say how far; for, as in many subjects, so especially in those which relate to commerce, to plenty, to riches, and to the number of the people, more is wont to be expected from laws, than laws can do. Laws can only imperfectly restrain that dissoluteness of manners, which, by diminishing the frequenof marriages, impairs the very source of population. Laws

cannot regulate the wants of mankind, their mode of living, of their desire of those superfluities which fashion, more irresistible than laws, has once introduced into general usage; or, in other words, has erected into necessaries of life. Laws cannot induce men to enter into marriages, when the expenses of a family must deprive them of that system of accommodation to which they have habituated their expectations. Laws, by their protection, by assuring to the labourer the fruit and profit of his labour, may help to make a people industrious; but, without industry, the laws cannot provide either subsistence or employment; laws cannot make corn grow without toil and care, or trade flourish without art and dilligence. In spite of all laws, the expert, laborious, honest workmen will be employed, in preference to the lazy, the unskilful, the fraudulent, and evasive; and this is not more true of two inhabitants of the same village, than it is of the people of two different countries, which communicate either with each other, or with the rest of the world. The natural basis of trade is rivalship of quality and price; or, which is the same thing, of skill and industry. Every attempt to force trade by operation of law, that is, by compelling persons to buy goods at one market, which they can obtain cheaper and better from another, is sure to be either eluded by the quick-sightedness and incessant activity of private interest, or to be frustrated by retaliation. One half of the commercial laws of many states are calculated merely to counteract the restrictions which have been imposed by other states. Perhaps the only way in which the interposition of law is salutary in trade, is in the prevention of frauds.

Next to the indispensable requisites of internal peace and security, the chief advantage which can be derived to population from the interference of law, appears to me to consist in the encouragement of agriculture. This, at least is the direct way of increasing the number of the people; every other mode being effectual only by its influence upon this. Now the principal expedient by which such a purpose can be promoted, is, to adjust

the laws of property, as nearly as possible, to the two following rules: first, "To give to the occupier all the power over the "soil which is necessary for its perfect cultivation ;"-secondly, "To assign the whole profit of every improvement to the persons "by whose activity it is carried on." What we call property in land, as hath been observed above, is power over it. Now it is indifferent to the public in whose hands this power resides, if it be rightly used; it matters not to whom the land belongs, if it be well cultivated. When we lament that great estates are often united in the same hand, or complain that one man possesses what would be sufficient for a thousand, we suffer ourselves to be misled by words. The owner of ten thousand pounds a year, consumes little more of the produce of the soil than the owner of ten pounds a year. If the cultivation be equal, the estate, in the hands of one great lord, affords subsistence and employment to the same number of persons as it would do if it were divided amongst a hundred proprietors. In like manner we ought to judge of the effect upon the public interest, which may arise from lands being holden by the king, or by the subject; by private persons, or by corporations; by laymen, or ecclesiastics; in fee, or for life; by virtue of office, or in right of inheritance. I do not mean that these varieties make no difference, but I mean that all the difference they do make respects the cultivation of the lands which are so holden.

There exists in this country conditions of tenure which condemn the land itself to perpetual sterility. Of this kind is the right of common, which precludes each proprietor from the improvement, or even the convenient occupation of his estate, without (what seldom can be obtained) the consent of many others. This tenure is also usually embarrassed by the interference of manorial claims, under which it often happens that the surface belongs to one owner, and the soil to another; so that neither owner can stir a clod without the concurrence of his partner in the property. In many manors, the tenant is restrained. from: granting leases beyond a short term of years; which renders ev

ery plan of solid and permanent improvement impracticable. In these cases, the owner wants, what the first rule of rational policy requires," sufficient power over the soil for its perfect cultiva"tion." This power ought to be extended to him by some easy and general law of enfranchisement, partition, and enclosure; which, though compulsory upon the lord, or the rest of the tenants, whilst it has in view the melioration of the soil, and tenders an equitable compensation for every right that it takes away, is neither more arbitrar, nor more dangerous to the stability of property, than that which is done in the construction of roads, bridges, embankments, navigable canals, and indeed in almost every public work, in which private owners of land are obliged to accept that price for their property which an indifferent jury may award. It may here, however, be proper to observe, that although the enclosure of wastes and pastures be generally beneficial to population, yet the enclosure of lands in tillage, in order to convert them into pastures, is as generally hurtful.

But, secondly, agriculture is discouraged by every constitution of landed property which lets in those, who have no concern in the improvement, to a participation of the profit. This objection is applicable to all such customs of manors as subject the proprietor, upon the death of the lord or tenant, or the alienation of the estate, to a fine apportioned to the improved value of the land. But of all institutions which are in this way adverse to cultivation and improvement, none is so noxious as that of tithes. A claimant here enters into the produce, who contributed no assistance whatever to the production. When years, perhaps, of care and toil have matured an improvement; when the husbandman sees new crops ripening to his skill and industry; the mo ment he is ready to put his sickle to the grain, he finds himself compelled to divide his harvest with a stranger. Tithes are a tax not only upon industry, but upon that industry which feeds mankind, upon that species of exertion which it is the aim of all wise laws to cherish and promote; and to uphold and excite which, composes, as we have seen, the main benefit that the community

merce.

receives from the whole system of trade, and the success of comAnd, together with the more general inconveniency that attends the exaction of tithes, there is this additional evil, in the mode at least according to which they are collected at present, that they operate as a bounty upon pasturage. The burthen of the tax falls with its chief, if not with its whole weight upon tillage; that is to say, upon that precise mode of cultivation which, as hath been shown above, it is the business of the state to relieve and remunerate in preference to every other. No measure of such extensive concern appears to me so practicable, nor any single alteration so beneficial, as the conversion of tithes into corn rents. This commutation, I am convinced, might be so adjusted, as to secure to the tithe-holder a complete and perpetual equivalent for his interest, and to leave to industry its full operation and entire reward.

CHAPTER XII.

OF WAR, AND OF MILITARY ESTABLISHMENTS.

BECAUSE the Christian scriptures describe wars as what they are, as crimes or judgments, some have been led to believe that it is unlawful for a Christian to bear arms. But it should be remembered, that it may be necessary for individuals to unite their force, and for this end to resign themselves to the direction of a common will; and yet it may be true that that will is often actuated by criminal motives, and often determined to destructive purposes. Hence, although the origin of wars be ascribed, in Scripture, to the operation of lawless and malignant passions ;* and though war itself be enumerated among the sorest calamities with which a land can be visited, the profession of a soldier is

*James, iv. 1.