This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860. ... still prevalent throughout continental Europe. Where the tenants are Metayers the contract of location is known both in a written and an unwritten form.1 Money-rent and a formal written contract superseded, as civilisation advanced and agricultural capital increased, those unrefined modes of location. The object of this Introduction is to trace the contract of location as it was recognised among the ancient nations and during the Middle Ages to the time when it assumed, in Scotland, the tenor and the form which it now bears. In developing the progress of the contract, it is indispensable that the condition of the cultivators should be examined as the history of those who, varying in numbers and in rights in different countries and at different times, constituted the class of tenants or lessees is inseparable from the history of the lease itself. CHAPTER II. WAS THE LEASE KNOWN TO THE HEBREWS? Whether the lease was known to the Hebrews in a written form, or even as verbal, is a question of difficulty.2 The question involves two subordinate divisions--1st, Whether the contract of location was known to the Hebrews at all? and 2d, Whether, if it was, they were acquainted with the written lease? In discussing these questions, the result of research seems to be that a distinction must be made between the earlier and the later epochs of the history of the Hebrew nation. There is strong reason to conclude, that, previously to the Babylonish captivity, the contract of location was unknown, but, that after the captivity, it was in use, having come into operation, along with other alterations of the Hebrew policy and usages, which, commencing at that epoch, operated during the after portion of Hebrew history. Throughout the epoch when the Mosaic law was in strict ob...