The Land-War In Ireland (1870) Part 17

But here, and in all the small towns about, they have still the weaving, and it is carried on to a considerable extent by persons who hold a few acres of land, throwing aside the shuttle while putting in the crops and doing the harvest work. Thus combining the two pursuits, these poor people are able, by extraordinary industry, to earn their daily bread; but they can do little more. The weavers, as a cla.s.s, appear to be feeble and faded specimens of humanity, remarkably quiet, intelligent, and well-disposed--a law-abiding people, who shrink from violence and outrage, no matter what may be their grievances. It is cruel to load them too heavily with the burdens of life, and yet I am afraid it is sometimes done, even in this county, unnecessarily and wantonly. What I have said of the Downs.h.i.+re and Londonderry estates, holds good with respect to the estates of the other large proprietors, such as Lord Roden, the kindest of landlords, almost idolised, even by his Catholic tenants; Lord Annesley; the trustees of Lord Kilmurray; Sir Thomas Bateson, and others. But I am sorry to learn that even the great county Down has a share of the two cla.s.ses which supply the worst species of Irish landlords--absentees who live extravagantly in England, and merchants who have purchased estates to make as large a percentage as possible out of the investment. It is chiefly, but not wholly, on the estates of these proprietors that cases of injustice and oppression are found. In the first cla.s.s it is the agent that the tenants have to deal with; and whether he be humane or not matters little to them, for, whatever may be his feelings, the utmost penny must be exacted to keep up the expensive establishments of the landlord in England, to meet the cost of a new building, or the debt incurred by gambling on the turf and elsewhere. Every transaction of the kind brings a fresh demand on the agent, and even if he be not unscrupulous or cruel, he must put on the screw, and get the money at all hazards. I have been a.s.sured that it is quite usual, on such estates, to find the tenantry paying the highest rent compatible with the maintenance of bare life. There is in the county of Down a great number of small holders thus struggling for existence. As a specimen let us take the following case:--A man holds a dozen acres of land, for which he pays 2 l. 10 s. per acre. He labours as no slave could be made to work, in the summer time from five o'clock in the morning till six in the evening. He can hardly sc.r.a.pe together a pound beyond the rent and taxes. If a bad season comes, he is at starvation point: he falls into arrears with the landlord, and he is forced by the bailiff to sell off his small stock to pay the rent.

Without the excuse of pecuniary difficulties, the merchant landlord is not a whit less exacting, or more merciful. He looks upon the tenants as he would on so many head of cattle, and his sole consideration is what is the highest penny he can make out of them. Not far from Belfast lived a farmer who cultivated a few acres. Sickness and the support of a widowed sister's family forced him into arrears of rent.

Ejectment proceedings were taken, and one day when he returned to his house, he found his furniture thrown out on the road, the sister and family evicted, and the door locked. He was offered as much money as would take him to America, but he would not be allowed to sell the tenant-right. Here is another case ill.u.s.trative of the manner in which that right is sometimes dealt with:--A respectable man purchased a farm at 10 l. an acre. It was very poor land, much of it unfit for cultivation. Immediately on getting possession a surveyor came and added two acres to the former measurement. The incoming tenant was at the same time informed that the rent was raised to an extent that caused the possession to be a dead loss. On threatening to throw up the concern, some reduction was made, which brought the rent as close as possible to the full letting value.

I have been told by a well-informed gentleman, whose veracity I cannot doubt, that it is quite common in the county of Down (and indeed I have been told the same thing in other counties) to find an _improving_ tenant paying 2 l. to 3 l. an acre for land, which he has at his own expense brought up to a good state of cultivation, while the adjoining land of his lazy neighbour--originally of equal value--yields only 20 s. to 35 s. an acre. The obvious tendency of this unjust and impolitic course on the part of landlords and agents, is to discourage improvements, to dishearten the industrious, and to fill the country with thriftless, desponding, and miserable occupiers, living from hand to mouth. There are circ.u.mstances under which even selfish men will toil hard, though others should share with them the benefit of their labours; but if they feel that this partners.h.i.+p in the profits of their industry is the result of a system of legalised injustice, which enables unscrupulous men to appropriate at will the whole of the profits, their moral sense so revolts against that system that they resolve to do as little as they possibly can.

The consequence of these painful relations of landlord and tenant, even in this comparatively happy county, is a perceptible degeneracy in the manhood of the people. Talk to an old inhabitant, who has been an attentive observer of his times, and he will tell you that the vigorous and energetic, the intelligent and enterprising, are departing to more favoured lands, and that this process has produced a marked deterioration in the population within his memory. He can distinctly recollect when there were more than double the present number of strong farmers in the country about Belfast. He declares that, with many exceptions of course, the land is getting into the hands of a second or third cla.s.s of farmers, who are little more than servants to the small landlords. Even where there are leases, such intelligent observers affirm that they are so over-ridden with conditions that the farmer has no liberty or security to make any great improvements. Were it otherwise he would not think a thirty-one years' lease sufficient for the building of a stone house, that would be as good at the end of a hundred years as at the end of thirty. All the information that I can gather from thoughtful men, who are really anxious for a change that would benefit the landlords as well as themselves, points to the remedy which Lord Granard has suggested, as the most simple, feasible, and satisfactory--the legalisation and extension of the tenant-right custom. They rejoice that such landlords now proclaim the injustice which the tenant cla.s.s have so long bitterly felt--namely, the presumption of law that all the improvements and buildings on the farm belong to the lord of the soil, although the notorious fact is that they are all the work of the tenant.

And here I will take the opportunity of remarking that the legislature were guilty of strange oversight, or deliberate injustice, in the pa.s.sing of the Inc.u.mbered Estates Act. Taking advantage of an overwhelming national calamity, they forced numbers of gentlemen into a ruinous sale of their patrimonial estates, in order that men of capital might get possession of them. But they made no provision whatever for the protection of the tenants, or of the property which those tenants had created on these estates. Many of those were tenants at will, who built and planted in perfect and well-grounded reliance on the honour and integrity of their old landlords. But in the advertis.e.m.e.nts for the sale of property under the Landed Estates Court, it was regularly mentioned as an inducement to purchasers of the Scully type that the tenants had no leases. The result of this combination of circ.u.mstances bearing against the cultivators of the soil--the chief producers of national wealth--is a deep, resentful sense of injustice pervading this cla.s.s, and having for its immediate objects the landlords and their agents. The tenants don't speak out their feelings, because they dare not. They fear that to offend the _office_ in word or deed is to expose themselves and their children to the infliction of a fine in the shape of increased rent, perhaps at the rate of five or ten s.h.i.+llings an acre in perpetuity.

One unfortunate effect of the distrust thus generated, is that when enlightened landlords, full of the spirit of improvement, like Lord Dufferin and Lord Lurgan, endeavour, from the most unselfish and patriotic motives, to make changes in the tenures and customs on their estates, they have to encounter an adverse current of popular opinion and feeling, which is really too strong to be effectually resisted.

For example: In order to correct the evils resulting from the undue compet.i.tion for land among the tenants, they limit the amount per acre which the outgoing tenant is permitted to receive; but the limitation is futile, because the tenants understand one another, and do what they believe to be right behind the landlord's back. The market price is, say, 20 l. an acre. The landlord allows 10 l.; the balance finds its way secretly into the pocket of the outgoing tenant before he gives up possession. As a gentleman expressed it to me emphatically, 'The outgoing tenant _must_ be satisfied, and he _is_ satisfied.'

Public opinion in his own cla.s.s demands it; and on no other terms would it be considered lucky to take possession of the vacant farm.

CHAPTER XIX.

TENANT-RIGHT IN ANTRIM.

I find from the Antrim Survey, published in 1812, that at that time leases were general on the Hertfort estate. There were then about 3,600 farmers who held by that tenure, each holding, on an average, twenty English acres, but many farms contained 100 acres or more. Mr.

Hugh M'Call, of Lisburn, the able author of 'Our Staple Manufactures,'

gives the following estimates of the rental. In 1726, it was 3,500 l.; in 1768, it was 12,000 l.; and for 1869, his estimate is 63,000 l.

Taking the estimate given by Dean Stannus, as 10 l. or 12 l. an acre, the tenant-right of the estate is worth 500,000 l. at the very least, probably 600,000 l. is the more correct figure. This vast amount of property created by the industry and capital of the tenants, is held at the will of an absentee landlord, who has on several occasions betrayed an utter want of sympathy with the people who lie thus at his mercy. There are tenant farmers on the estate who hold as much as 100 to 200 acres, with handsome houses built by themselves, whose interest, under the custom, should amount to 1,500 l. and 2,500 l.

respectively, which might be legally swept away by a six months'

notice to quit. The owners of this property might be regarded as very independent, but in reality, unless the spirit of martyrdom has raised them above the ordinary feelings of human nature, they will take care to be very humble and submissive towards Lord Hertfort's agents. If words were the same as deeds, if professions were always consistent with practice, the tenants would certainly have nothing to fear; for great pains have been taken from time to time, both by the landlord and agent, to inspire them with unbounded confidence.

In the year 1845, the tenants presented an address to Lord Hertfort, in which they said:--'It is a proud fact, worthy to be recorded, that the tenant-right of the honest and industrious man on your lords.h.i.+p's estate is a certain and valuable tenure to him, so long as he continues to pay his rent.' To this his lords.h.i.+p replied in the following terms:--'I am happy to find that the encouragement I have given to the improvement of the land generally has been found effectual, and I trust that the advantage to the tenant of the improved system of agriculture will be found to increase; and I beg to a.s.sure you that with me the right of the improving tenant shall continue to be as scrupulously respected as it has been hitherto by my ancestors. Your kindness alone, independent of the natural interest which I must ever feel as to everything connected with this neighbourhood, affords a powerful inducement to my coming among you, and I hope to have the pleasure of often repeating my visit.'

Twenty-four years have since elapsed, and during all that time the marquis has never indulged himself in a repet.i.tion of the exquisite pleasure he then enjoyed. At a banquet given in his honour on that occasion, he used the following language, which was, no doubt, published in the _Times_, and read with great interest in London and Paris:--'This is one of the most delightful days I ever spent. Trust me, I have your happiness and welfare at heart, and it shall ever be my endeavour to promote the one and contribute to the other.' The parting scene on this occasion must have been very touching; for, in tearing himself away, his lords.h.i.+p said: 'I have now come to the concluding toast. It is, "Merry have we met, and merry may we _soon_ meet again!"'

The tenants could scarcely doubt the genuineness of their landlord's feelings, for on the same occasion Dean Stannus said: 'I feel myself perfectly justified in using the term "a good landlord;" because his lords.h.i.+p's express wish to me often was, "I hope you will always keep me in such a position that I may be considered the friend of my tenants."' But as he did not return to them, a most respectable deputation waited upon him in London in the year 1850, to present a memorial praying for a reduction of rent on account of the potato blight and other local calamities which had befallen the tenantry. The memorialists respectfully showed 'that under the encouraging auspices of the Hertfort family, and on the faith of that just and equitable understanding which has always existed on this estate--that _no advantage would be taken of the tenant's improvements in adjusting the letting value of land_, they had invested large sums of money in buildings and other improvements on their farms, and that this, under the name of tenant-right, was a species of sunk capital that was formerly considered a safe repository for acc.u.mulated savings, which could be turned to account at any time of difficulty by its sale, or as a security for temporary advances.' In his reply, Lord Hertfort said, 'I seek not to disturb any interest, much less do I wish to interfere by any plan or arrangement of mine with the tenant-right which my tenants have hitherto enjoyed, and which it is my anxious wish to preserve to them.'

The faith and hope inspired by these a.s.surances of the landlord were repeatedly encouraged and strengthened by the public declarations of his very reverend agent, Dean Stannus. At a meeting of the Killultagh and Derryvolgie Farming Society, in 1849, he stated that he had great pleasure in subscribing to almost everything said by Mr. M'Call.

He had taken great pains to convince the late Lord Hertfort that tenant-right was one of the greatest possible boons, _as well to the landlords themselves_ as to the tenants. So advantageous did he regard it to the interest of Lord Hertfort and the tenants, that if it were not preserved he would not continue agent to the estate. Tenant-right was his security for the Marquis of Hertfort's rent, and he would not ask a tenant to relinquish a single rood of land without paying him at the rate of 10 l. to 12 l. an acre for it.

Firmly believing in the statements thus emphatically and solemnly made to them from time to time, that on this estate tenant-right was as good as a lease, the tenants went on building houses, and making permanent improvements in Lisburn and elsewhere, depending on this security. And, indeed, the value of such security could scarcely be presented under more favourable circ.u.mstances. The absentee landlord receiving such a princely revenue, and absorbed in his Parisian pursuits, seemed to leave everything to his agent. The agent was rector of the parish of Lisburn, a dignitary of the Church, a gentleman of the highest social position, with many excellent points in his character, and pledged before the world, again and again, to respect rigidly and scrupulously the enormous property which a confiding tenantry had invested in this estate. If, under these circ.u.mstances, the security of tenant-right fails, where else can it be trusted? If it be proved, by open and public proceedings, that on the Hertfort estate, the distinctly recognised property of the tenant is liable to be seized and wrested from him by the agent, it is clear to demonstration that such property absolutely requires the protection of law. This proof, I am sorry to say, is forthcoming. Let my readers reflect for a moment on what might have been done for Lisburn and the surrounding country if the Marquis of Hertfort had rebuilt his castle and resided among his people. What an impulse to improvement of every kind, what employment for tradesmen of every cla.s.s, what business for shops might have resulted from the local expenditure of 50,000 l. or 60,000 l. a year! What public buildings would have been erected--how local inst.i.tutions would have flourished! The proverb that 'absence makes the heart grow fonder' does not apply to the relations of landlord and tenant. But there is another proverb that applies well--'Out of sight, out of mind.' Of this I shall now give two or three ill.u.s.trations. Some years ago, it was discovered that no lease of the Catholic chapel at Lisburn could be found, and in the recollection of the oldest member of the congregation no rent had been paid. Kent, however, was now demanded, and the parish priest agreed to pay a nominal amount, which places the congregation at the mercy of the office. Ground was asked some time ago to build a Presbyterian Church, but it was absolutely refused. A sum of money was subscribed to build a literary inst.i.tute, but, though a sort of promise was given for ground to build it on, it was never granted, and the project fell through. Lord Hertfort spends no portion of his vast income where it is earned. His estate is like a farm to which the produce is never returned in the shape of manure, but is all carted off and applied to the enrichment of a farm elsewhere. One might suppose that where such an exhausting process has been going on for so long a time an effort would be made at some sort of compensation, especially at periods of calamity. Yet, when the weavers on his estate were starving, owing to the cotton famine during the American war, his lords.h.i.+p never replied to the repeated applications made to him for help to save alive those honest producers of his wealth. The n.o.ble example of Lord Derby and other proprietors in Lancas.h.i.+re failed to kindle in his heart a spark of humanity, not to speak of generous emulation. The sum of 3,000 l.

was raised in Lisburn, and by friends in Great Britain and America, which was expended in saving the people from going _en ma.s.se_ to the workhouse. Behold a contrast! While the great peer, whose family inherited a vast estate for which they never paid a s.h.i.+lling, was deaf to the cries of famis.h.i.+ng Christians, whom he was bound by every tie to commiserate and relieve, an American citizen, who owed nothing to Ireland but his birth--Mr. A.T. Stewart, of New York--sent a s.h.i.+p loaded with provisions, which cost him 5,000 l. of his own money, to be distributed amongst Lord Hertfort's starving tenants, and on the return of the s.h.i.+p he took out as many emigrants as he could accommodate, free of charge. The tourist in Ireland is charmed with the appearance of Lisburn--the rich and nicely cultivated town parks, the fields white as snow with linen of the finest quality, the busy mills, the old trees, the clean streets, the look of comfort in the population, the pretty villas in the country about. Mrs. S.C. Hall says that there is, probably, no town in Ireland where the happy effects of English taste and industry are more conspicuous than at Lisburn. 'From Drumbridge and the banks of the Lagan on one side, to the sh.o.r.es of Lough Neagh on the other, the people are almost exclusively the descendants of English settlers. Those in the immediate neighbourhood of the town were mostly Welsh, but great numbers arrived from the northern English s.h.i.+res, and from the neighbourhood of the Bristol Channel. The English language is perhaps spoken more purely by the populace of this district than by the same cla.s.s in any other part of Ireland. The neatness of the cottages, and the good taste displayed in many of the farms, are little, if at all, inferior to aught that we find in England, and the tourist who visits Lough Neagh, pa.s.sing through Ballinderry, will consider it to have been justly designated _the garden of the north._ The mult.i.tude of pretty little villages, scattered over the landscape, each announcing itself by the tapering tower of a church, would almost beguile the traveller into believing that he was pa.s.sing through a rural district in one of the midland counties of England.'

We have seen that after General Conway got this land, it was described by an English traveller as still uninhabited--'all woods and moor.'

Who made it the garden of the north? The British settlers and their descendants. And why did they transform this wilderness into fruitful fields? Because they had permanent tenures and fair rents. The rental 150 years ago was 3,500 l. per annum. Allow that money was three times as valuable then as it is now, and the rental would have been about 10,500 l. It is now nearly six times that amount. By what means was the revenue of the landlord increased? Was it by any expenditure of his own? Did any portion of the capital annually abstracted from the estate return to it, to fructify and increase its value? Did the landlord drain the swamps, reclaim the moors, build the dwellings and farmhouses, make the fences, and plant the orchards? He did nothing of the kind. Nor was it agricultural industry alone that increased his revenue. He owes much of the beauty, fertility, and richness of his estate to the linen manufacture, to those weavers to the cries of distress from whose famis.h.i.+ng children a few years ago the most n.o.ble marquis resolutely turned a deaf ear.

But, pa.s.sing from historical matters to the immediate purpose of our enquiry, let it suffice to remark that from Lisburn as a centre the linen trade in all its branches--flax growing, scutching, spinning, weaving and bleaching--spread over the whole of the Hertfort estate, giving profitable employment to the tenants, circulating money, enabling them to build and improve and work the estate into the rich and beautiful garden described by Mrs. Hall;--all this work of improvement has been carried on, all or nearly all the costly investments on the land have been made, without leases and in dependence on tenant-right. We have seen what efforts were made by landlord and agent to strengthen the faith of the tenants in this security. We have seen also from the historical facts I have adduced the sort of people that const.i.tute the population of the borough of Lisburn. If ever there was a population that could be safely entrusted with the free exercise of the franchise it is the population of this town--so enlightened, so loyal, so independent in means, such admirable producers of national wealth, so naturally attached to British connection. Yet for generations Lisburn has been a pocket borough, and the nominee of the landlord, often a total stranger, was returned as a matter of course. The marquis sent to his agent a _conge d'elire_, and that was as imperative as a similar order to a dean and chapter to elect a bishop. In 1852 the gentleman whom the Lisburn electors were ordered to return was Mr. Inglis, the lord advocate of Scotland. They, however, felt that the time was come when the borough should be opened, and they should be at liberty to exercise their const.i.tutional rights. A meeting of the inhabitants was therefore held, at which Mr. R. Smith was nominated as the popular candidate.

The contest was not political; it was simply the independence of the borough against the _office_. Dean Stannus, as agent to an absentee landlord, was the most powerful personage in the place, virtually the lord of the manor. Before the election that gentleman published a letter in a Belfast paper contradicting a statement that had appeared to the effect that Lord Hertfort took little interest in the approaching contest, in which letter he said: 'I have the best reason for knowing that his lords.h.i.+p views with intense interest what is pa.s.sing here, and that he is most anxious for the return of Mr.

Inglis, feeling that the election of such a representative (which I am now enabled to say is _certain_) will do much credit to the borough of Lisburn, and that this _unmeaning_ contest will, at all events, among its other effects, prove to his lords.h.i.+p whom he may regard as his _true_ friends in his future relations with this town.'

Notwithstanding this warning, so significantly emphasized, the candidate whom the voters selected as their real representative was returned. Now no one can blame the marquis or his agent for wis.h.i.+ng that the choice had fallen upon Mr. Inglis. So far as politics were concerned, the contest _was_ unmeaning; but so far as the rights of the people and the loyal working of the British const.i.tution were concerned, the contest was full of meaning, and if the landlord and his agent respected the const.i.tution more than their own personal power they would have frankly acquiesced in the result, feeling that this Protestant and Conservative const.i.tuency had conscientiously done its duty to the state. But who could have imagined, after all the solemnly recorded pledges I have quoted, that they would have instantly resolved to punish the independent exercise of the franchise by inflicting an enormous and crus.h.i.+ng fine amounting to nothing less than the whole tenant-right property of every adverse voter who had not a lease! Immediately after the election 'notices to quit' were served upon every one of them. In consequence of this outrageous proceeding a public meeting was held, at which a letter from John Millar, Esq., a most respectable and wealthy man (who was unable to attend) was read by the secretary. He said: 'I have at various times purchased places held from year to year, relying on the custom of the country, and on the declared determination of the landlord and his agent to respect such customary rights of property, for the continued possession of it. I have besides taken under the same landlord several fields as town parks, which were in very bad order. These fields I have drained and very much improved. I have always punctually paid the rent charged for the several holdings, and, I think I may venture to say, performed all the duties of a good tenant. At the last election, however, I exercised my right as a citizen of a free country, by giving my votes at Hillsborough and Lisburn in favour of the tenant-right candidates, without reference to the desires or orders of those who have no legal or const.i.tutional right to control the use of my franchise. I have since received from the office a notice to quit, desiring me to give up possession of all my holdings, as tenant from year to year, in the counties of Down and Antrim, without any intimation that I shall receive compensation, and without being able to obtain any explanation of this conduct towards me except by popular rumour.' At the same meeting Mr. Hugh M'Call said that he had looked over some doc.u.ments and found that the individuals in Lisburn who had received notices to quit held property to the value of 3,000 l., property raised by themselves, or purchased by them with the sanction of the landlord. In one case the agent himself went into the premises where buildings were being erected, and suggested some changes. In fact the improvements were carried out under his inspection as an architect. Yet he served upon that gentleman a notice to quit. Some of the tenants paid the penalty for their votes by surrendering their holdings; others contested the right of eviction on technical points, and succeeded at the quarter sessions. One of the points was, as already mentioned, that a dean and rector could not be legally a land agent at the same time. It was, indeed, a very ugly fact that the rector of the parish should be thus officially engaged, not only in nullifying the political rights of his own Protestant paris.h.i.+oners, but in destroying their tenant-right, evicting them from their holdings, which _they_ believed to be legal robbery and oppression, accompanied by such flagrant breach of faith as tended to destroy all confidence between man and man, and thus to dissolve the strongest bonds of society. Sad work for a dignitary of the church to be engaged in!

In April, 1856, there was another contested election. On that occasion the marquis wrote to a gentleman in Lisburn that he would not interfere 'directly or indirectly to influence anybody.' Nevertheless, notices to quit, signed by Mr. Walter L. Stannus, a.s.sistant and successor to his father, were extensively served upon tenants-at-will, though it was afterwards alleged that they were only served as matters of form. But what, then, did they mean? They meant that those who had voted against the office had, _ipso facto, forfeited their tenant-right property._ Many other incidents in the management of the estate have been constantly occurring more recently, tending to show that the most valuable properties created by the tenants-at-will are at the mercy of the landlord, and that tenant-right, so called, is not regarded by him as a matter of _right_ at all, but merely as a _favour_, to be granted to those who are dutiful and submissive to the office in all matters, political and social. For instance, one farmer was refused permission to sell his tenant-right till he consented to sink 100 l. or 200 l. in the shares of the Lisburn and Antrim railway, so that, as he believed, he was obliged to throw away his money in order to get his right.

The enormous power of an office which can deal with property amounting to more than half a million sterling, in such an arbitrary manner, necessarily generates a spirit of wanton and capricious despotism, except where the mind is very well regulated and the heart severely disciplined by Christian duty. Of this I feel bound to give the following ill.u.s.tration, which I would not do if the fact had not been made public, and if I had not the best evidence that it is undeniable.

George Beattie, jun., a grocer's a.s.sistant in Lisburn, possessed a beautiful greyhound which he left in charge of George Beattie, sen., his uncle, on departing for America. This uncle possessed a farm on the Hertfort estate, the tenant-right of which he wanted to sell.

Having applied to Mr. Stannus for permission, the answer he received was that he would not be allowed to sell until the head of the greyhound was brought to the office. The tenant remonstrated and offered to send the dog away off the estate to relatives, but to no effect. He was obliged to kill the greyhound, and to send its head in a bag to Lord Hertfort's office. It was a great triumph for the agent.

What a pretty sensational story he had to tell the young ladies in the refined circles in which he moves. How edifying the recital must have been to the peasantry around him! How it must have exalted their ideas of the civilising influence of land agency. 'It is quite a common thing,' says a gentleman well acquainted with the estate, 'when a tenant becomes insolvent, that his tenant-right is sold and employed to pay those of his creditors who may be in favour. I know a lady who made application to have a claim against a small farmer registered in the office, which was done, and she now possesses the security of the man's tenant-right for her money.'

The case of the late Captain Bolton is the last ill.u.s.tration I shall give in connection with this estate. Captain Bolton resided in Lisburn, and he was one of the most respected of its inhabitants.

He was the owner of four houses in that town, a property which he acquired in this way:--The site of two of them was obtained by the late James Hogg, in lieu of freehold property surrendered. On this ground, his son, Captain Bolton's uncle, built the two houses entirely at his own expense. Two other houses, immediately adjoining, came into the market, and he purchased the out-going tenant's 'good-will' for a sum of about 40 l. These houses were thatched, and in very bad condition. He repaired them and slated them, and thus formed a nice uniform block of four workers' houses. Captain Bolton inherited these from his uncle and retained uninterrupted possession till 1852, when he voted for Johnston Smyth at the election of that date. Immediately afterwards he received a notice to quit, an ejectment was brought in due time, the case was dismissed at the quarter sessions, an appeal was lodged, but it was again dismissed at the a.s.sizes. Undaunted by these two defeats, the persistent agent served another notice to quit.

The captain was a man of peace, whose nerves could not stand such perpetual worrying by litigation, and he was so disgusted with the whole affair that he tied up the keys, and sent them to Lord Hertfort's office. In his ledger that day he made the following entry:--'Plundered, this 20th December 1854, by our worthy agent to the marquis, because I voted for Smyth and the independence of the borough.--J.B.'

The houses remained in the hands of the agent till the next election, when Captain Bolton voted for Mr. Hogg, the office candidate.

The conscientious old gentleman--as good a conservative as Dean Stannus--voted from principle in both cases and not to please the agent or anyone else. The agent, however, thought proper to regard it as a penitent act, and as the tenant had ceased to be naughty, and had, it was a.s.sumed, shown proper deference to his political superiors, he received his houses back again, retaining the possession of them till his death. The profit rent of the houses is 20 l. a year.

Either this rent belonged to Captain Bolton or to Lord Hertfort. If to Captain Bolton, by what right did Dean Stannus take it from him and give it to the landlord? If to the landlord, by what right did Dean Stannus take it from Lord Hertfort and give it to Captain Bolton?

However, the latter gentleman having no doubt whatever, first or last, that the property was his own, bequeathed the houses to trustees for the support of a school which he had established in Lisburn. The school, it appears, had been placed in connection with the Church Education Society, and as it did not go on to his satisfaction, he placed it in connection with the National Board of Education, having appointed as his trustees John Campbell, Esq., M.D., William Coulson, Esq., and the Rev. W.J. Clarke, Presbyterian minister, all of Lisburn.

Dr. Campbell died soon after, and Mr. Coulson refused to act, so that the burden of the trust fell upon Mr. Clarke, who felt it to be his duty to carry it out to the best of his ability. Dean Stannus, however, was greatly dissatisfied with the last will and testament of Captain Bolton. Yet the dying man had no reason to antic.i.p.ate that his affectionate pastor would labour with all his might to abolish the trust. Dean Stannus paid the captain a visit on his deathbed, and while administering the consolations of religion he seemed moved even to tears. To a friend who subsequently expressed doubt, the simple-minded old Christian said: 'I will trust the dean that he will do nothing in opposition to my will. He was here a few days ago and wept over me. He loves me, and will carry out my wishes.' The captain died in April, 1867. He was scarcely cold in his grave when the agent of Lord Hertfort took proceedings to eject his trustees, and deprive the schools of the property bequeathed for their support. Not content with this, he took proceedings to get possession of the schoolhouse also, deeming it a sufficient reason for this appropriation of another man's property, this setting aside of a will, this abolition of a trust, that, in his opinion, the schools ought to be under the patronage of the rector, and in connection with the Church Education Society. He had a perfect right to think and say this, and it might be his conscientious conviction that the property would be thus better employed; but he ought to know that the end does not sanctify the means; that he had no right to subst.i.tute his own will for that of Captain Bolton, and that he had no right to take advantage of the absence of an act of parliament to possess himself of the rightful property of other people. Unfortunately, too, he was a judge in his own case, and he did not find it easy to separate the rector of the parish from the agent of the estate. It is a significant fact that when his son, Mr. Stannus, handed his power of attorney to Mr. Otway, the a.s.sistant-barrister, that gentleman refused to look at it, saying, 'I have seen it one hundred times;' and the Rev. Mr. Clarke, while waiting in the court for the case to come on, observed that all the ejectment processes were at the suit of the Marquis of Hertfort. The school-house was built by Mr. Bolton, at his own expense twenty-eight years ago, and he maintained it till his death. The Rev. W.J. Clarke, the acting trustee, bravely defended his trust and fought the battle of tenant-right in the courts till driven out by the sheriff. He was then called on to perform the same duty with regard to the school-house. He has done it faithfully and well, and deserves the sympathy of all the friends of freedom, justice, and fair dealing.

'I shall never accept a trust,' he says, in a letter to the _Northern Whig_--'I shall never accept a trust, and permit any man, whether n.o.bleman, agent, or bailiff, to alienate that trust, without appealing to the laws of my country; and if the one-sidedness of such laws shall enable Dean and Mr. Stannus to confiscate this property, and turn it from the purpose to which benevolence designed it, then, having defended it to the last, I shall retire from the field satisfied that I have done my duty to the memory of the dead and the educational interests of the living.' Nor can we be surprised at the strong language that he uses when he says: 'The history of the case rivals, for blackness of persecution, anything that has happened in the north of Ireland for many years. But such a course of conduct only recoils on the heads of those who are guilty of it, and it shall be so in this case. The Marquis of Hertfort will not live always, and the power of public opinion may be able to reach his successor, and be felt even in Lisburn.'

Dean Stannus, in his evidence before the Devon commission, stated that only a small portion of the estate was held by lease. The leases were obtained in a curious way. In 1823 a system of fining commenced. If a tenant wanted a lease he was required to pay in cash a fine of 10 l.

an acre, which was equal to an addition of ten s.h.i.+llings an acre to the rent for twenty years, not counting the interest on the money thus sunk in the land. Yet, such was the desire of the tenants to have a better security than the tenant-right custom, always acknowledged on the estate, that 'every man who had money took advantage of it.' Mr.

Gregg, the seneschal of the manor, gave an ill.u.s.tration of the working of this fining system. A tenant sold his farm of fourteen acres for 205 l., eight of the fourteen acres being held at will. The person who bought the farm was obliged to take a lease of the eight acres, and to pay a proportional fine in addition to the sum paid for the tenant-right. Dean Stannus said 'he would wish to see the tenant-right upheld upon the estate of Lord Hertfort, as it always had been. It is that,' he said, 'which has kept up the properties in the north over the properties in other parts of Ireland. It is a security for the rent in the first instance, and reconciles the tenants to much of what are called grievances. If you go into a minute calculation of what they have expended, they are not more than paid for their expenditure.' It transpired in the course of the examination that a man who had purchased tenant-right, and paid a fine of 10 l. an acre on getting a lease, would have to pay a similar fine over again when getting the lease renewed. The result of these heavy advances was that the middle-cla.s.s farmers lived in constant pecuniary difficulties.

They were obliged to borrow money at six per cent. to pay the rent, but they borrowed it under circ.u.mstances which made it nearly 40 per cent., for it was lent by dealers in oatmeal and other things, from whom they were obliged to purchase large quant.i.ties of goods at such a high rate that they sold them again at a sacrifice of 33 per cent.

Mr. Joshua Lamb, another witness, stated that the effect of the fining system had been to draw away a great deal of the acc.u.mulated capital out of the hands of the tenantry, as well as their antic.i.p.ated savings for years to come, by which the carrying out of improved methods of agriculture was prevented. Still, the existence of a lease for 31 years doubled the value of the tenant-right. This witness made a remarkable statement. With respect to this custom he said: The 'effect of this arrangement, when duly observed, is to prevent all disputes, quarrels, burnings, and destruction of property, so common in those parts of Ireland where this practice does not prevail. Indeed, so fully are farmers aware of this, that very few, except the most reckless, would venture on taking a farm without obtaining the outgoing tenant's "good-will." Such a proceeding as taking land "over a man's head," as it is termed, is regarded here as not merely dishonourable, but as little better than robbery, and as such held in the greatest detestation.' He added that the justice of this arrangement was obvious--'because all the buildings, planting, and other improvements, being entirely at the tenant's expense, he has a certain amount of capital sunk in the property, for which, if he parts with the place, he expects to be repaid by the sale of the tenant-right. He knew no case in the county in which the tenant, or those from whom he purchased, had made no improvements.'

The first marquis occasionally visited the estate, and was proud of the troops of yeomanry and cavalry which had been raised from his tenantry. The second marquis, who died in 1822, was only once in that part of Ireland. The third marquis--he of Prince Regent notoriety--never set foot on the property; and the present, who has been reigning over 140 townlands for nearly thirty years, has never been among his subjects except during a solitary visit of three weeks in October, 1845, when, it is said, he came to qualify for his ribbon (K.G.) that he might be able to say to the prime minister that he was a resident landlord. He has resided almost entirely in Paris, cultivating the friends.h.i.+p of Napoleon instead of the welfare of the people who pay him a revenue of 60,000 l. a year. Bagatelle, his Paris residence, has, it is said, absorbed Irish rents in its 'improvements', till it has been made worth three quarters of a million sterling. If the residence cost so much, fancy may try to conceive the amount of hard-earned money squandered on the luxuries and pleasures of which it is the temple--the most Elysian spot in the Elysian fields.

The following curious narrative appeared in a Belfast newspaper, and was founded on a speech made by Dean Stannus at a public meeting.

The venerable Dean of Ross and his son, Mr. W.T. Stannus, had been deputed to go to Paris to wait on Lord Hertfort, and urge him to a.s.sist in the expense of finis.h.i.+ng the Antrim Junction Railway. The dean is in his eighty-first year; fifty-one years of his life have been spent in the management of the Hertfort estate, and whatever difference of opinion may exist as to his arrangements with the tenantry, every one who knows anything of the affair must admit that there never existed a more faithful representative of a landowner. On arriving in Paris he found the marquis ill, so much so that neither the dean nor his son could get an interview. For three days the venerable gentleman danced attendance on his chief, and on Monday the fourth attempt was made, the dean sent up his name, and had a reply that 'the marquis was too ill to see anyone.' Next day, however, the marquis condescended to receive his agent, and the subject of the railway was introduced. The dean told him that Lord Erne had given 200,000 l. towards the railway projects on his property--that Lords Lucan, Annesley, and Lifford had contributed largely, and that Lord Downs.h.i.+re had been exceedingly liberal in promoting lines on his estate. But all was vain. The n.o.ble absentee, who drains about 60,000 l. a year from his Irish property, and who often pays 5,000 l. for a picture, refused to lend 15,000 l. to aid in finis.h.i.+ng a railway, which runs for three-fourths of the mileage through his own estate.

During the interview Mr. W.T. Stannus urged on the marquis that the investment would be the best that could be made, as preference shares paying five per cent. would be allocated to him as security for the amount. All arguments and entreaties, however, were lost on the n.o.ble invalid. Even the appeal of the old gentleman who, for more than half a century, had managed the estate so advantageously for the successive owners of that splendid property, was made in vain. 'You never refused me anything before,' urged the dean, 'and I go away in very bad spirits.' What a wonderful history lies in this episode of Irish landlordism. Here is an unmarried n.o.bleman whose income from investments in British and French securities is said to exceed 30,000 l. a year, besides the immense revenue of his English and Irish estates, and yet he refuses to part with 15,000 l. towards aiding in the construction of a railway on his own property.

CHAPTER XX.

TENANT-RIGHT IN ARMAGH.

Among the undertakers in the county of Armagh were the two Achesons, Henry and Archibald, ancestors of Lord Gosford, who founded Market Hill, Richard Houlston, John Heron, William Stanbowe, Francis Sacheverell, John Dillon, John Hamilton, Sir John Davis, Lord Moore, Henry Boucher, Anthony Smith, Lieutenant Poyntz, and Henry M'Shane O'Neill.

In connection with each of these settlements Pynar uses the phrase, 'I find planted and estated.' What he means is more fully explained in his reference to the precinct of Fews, allotted to Scottish undertakers, where Henry Acheson had obtained 1,000 acres. The surveyor says: 'I find a great number of tenants on this land: but not any that have any estates but by promise, and yet they have been many years upon the land. There are nominated to me two freeholders and seventeen leaseholders, all which were with me, and took the oath of supremacy, and pet.i.tioned unto me that they might have their leases, the which Mr. Acheson seemed to be willing to perform it unto them presently. These are able to make thirty men with arms. Here is great store of tillage.' The whole of the reports indicate that the Crown required of the undertakers two things. First, that they should themselves reside on the land, that they should build strong houses, fortified with bawns, and keep a certain number of armed men for the defence of the settlement. Secondly, that the English and Scotch settlers who were expected to reclaim the land and build houses, were to have 'estates' in their farms, either as freeholders or lessees.

The grants were made to the undertakers on these conditions--they should be resident, and they should have around them a number of independent yeomanry to defend the king when called upon to do so.

Everything connected with the plantation gives the idea of permanent tenures for the settlers. A curious fact is mentioned about Sir John Davis, who had been so active in bringing about the plantation. He obtained a grant for 500 acres. 'Upon this,' says Pynar, 'there is nothing at all built, nor so much as an English tenant on the land.'

It seems his tenants were all of the cla.s.s for whose extirpation he pleaded, as weeds that would choke the Saxon crop. Henry M'Shane O'Neill got 1,000 acres at Camlagh, 'but he being lately dead, it was in the hands of Sir Toby Caulfield, who intended to do something upon it, for as yet there was nothing built.' Sir Toby was the ancestor of the Earl of Charlemont, always one of the best landlords in Ulster.