The Ulster estates

Adjourned to Wednesday next at 4 o'clock.

In addition to the statements printed or written, which have been mentioned, the following papers were put in by the witnesses from the Irish estates of the Companies.

APPENDIX. (A.) The London Companies' Estates in co. Derry

(fn. 1) .— Short statement of their history and management (prepared by Mr. Todd and Prof. Dougherty).

1. In the reign of James I. six counties in Ulster were confiscated. The plantation of Ulster was projected for the purpose of colonizing Ulster with English and Scotch settlers.

2. These lands were granted by the Crown subject to certain conditions, known as the Articles of Plantation.

3. Article twelfth runs.—"The said undertakers shall not demise any part of their lands at will only, but shall make certain estates for years, for life, in tail or in fee simple." Very light rents were reserved by the Crown—about 1½d. per acre. Large quantities of rough land, marked unprofitable, were handed over to the undertakers rent free. These advantages were granted to the undertakers by the Crown with the view of securing corresponding benefits to the tenants who might settle on their lands. The Articles of Plantation were in fact intended to secure to the Ulster tenantry, among other things, fixity of tenure and easy rents.

4. Subject to these articles the City of London, at the request of the King, undertook the plantation of the county of Coleraine, the name of which was in consequence changed to county Londonderry.

5. For the purposes of the plantation, the citizens of London were assessed in the sum of 40,000l. This tax on the citizens were levied through the convenient agency of the companies, with one or other, of which every freeman of the City of London was then connected. Note, that this money did not come from the corporate funds of the companies.

6. In 1609 the mayor and commonalty of the City of London made an agreement with the Privy Council for the plantation of the county Londonderry. A Committee of Common Council, since known as the Irish Society, was appointed to manage this plantation scheme. In 1613 this society was chartered by the Crown, and obtained a grant of nearly all the lands in county Londonderry.

7. In 1615 the King granted a license to the 12 leading companies to hold in mortmain whatever portion of the lands in the original grant to the Irish Society that society might give them. This is the first recognition of the companies by the Crown.

8. The lands having been previously divided by lot among the 12 leading companies, with each of which several minor companies were associated, the society in 1618 executed a grant of their proportions to the companies, retaining for itself a large amount of undivided property, including the lands of Derry and Coleraine, and adjacent lands, fisheries, woods, &c. This property is now administered by the society in accordance with the decision of the House of Lords in the Skinners' case, as a trust for public and charitable purposes connected with the city and county of Londonderry, and the town of Coleraine.

9. "For rackrenting, failure to make certain estates to their tenants," and other breaches of the Articles of Plantation, the Irish Society and the London companies were sequestrated in 1630; and in 1637 the charter of the Irish Society was revoked, and the grant to the companies cancelled. While the estates were in the King's hands, a commission was issued "for the purpose of entering into contract for leases with the tenants on the plantation in Ulster," the interests of the tenantry being always paramount with the Crown.

10. In 1650 the Irish Society got a patent from Cromwell granting them the lands of which they had been deprived. In 1662 Charles II. renewed the charter of James I., and the society re-granted their proportions to the companies "subject to all the original conditions and articles."

11. Immediately afterwards the companies demised their estates to middlemen by leases, of which only two contained covenants protecting the interests of their tenants. The Crown ceased actively to interfere in the superintendence and guardianship of the plantation. The tenants on these estates were then left at the mercy of the middlemen. The landlords spent nothing on improvements, having no interest in doing so. Lands were drained and reclaimed, fences erected, and houses built solely by the industry and with the capital of the tenants. The increase in value of these lands, exclusively created by successive generations of tenants, is seen from the fact that the value of the companies estates at the time of the plantation was estimated to be under 1,800l. a year, while the estimated rental of these estates at present is 124,000l.

12. During the 17th and 18th centuries four of the companies sold their estates, the Irish Society requiring in each case a bond of indemnity. The leases to middlemen granted by the other companies expired at various times during the present century. The companies have since, in every case, by periodical revaluations, enormously increased the rental. Here is an instance taken at random from one of the most liberally managed of these estates, the Fishmongers'. A farm of 96 statute acres was held under the middleman at the yearly rent of 7l. 10s. After the original letting by the middleman the tenant reclaimed a large part of the farm, without any assistance whatever, from the landlord. On the company resuming possession of the estate in 1820 the rent was raised at a single bound to 75l. a year. During the famine year this rackrent was reduced to 58l. It has since been raised to 66l. 5s. Again, in 1803 the Skinners' Company leased their estate to Robert Ogilby, in consideration of a fine of 25,000l., and an annual rent of 1,500l. On resuming possession of the estate in 1872 a revaluation took place and the rental was raised to 13,000l., neither the middleman nor the company having, in the meantime, spent a shilling upon the improvement of the property.

13. In 1871 the Clothworkers' Company sold their estate to Sir Hervey Bruce. The rent was raised in 1874 in many instances from 30 to 80 per cent. It has been decided judicially that unrestricted tenant right exists on this estate. Notwithstanding this, the rents are now on the average as high on the Clothworkers' estate as on the adjoining Bruce estate, where the tenant right has been restricted to five years' purchase. The result is an enormous encroachment upon the tenant's interest.

14. It is admitted on all hands that the more widely diffused ownership of land in Ireland is desirable. The companies' estates offer an admirable field for the experiment of a tenant proprietary. The tenants are intelligent, thrifty, and industrious. They have, under the Articles of Plantation, rights in the soil beyond those enjoyed by ordinary occupiers of land. No private sentiment can be violated by the forced sale. And as they are unencumbered with mortgages or family charges the difficulties of transfer in the case of these estates are reduced to a minimum.

(B.) Documents relating to the Proposed Sale of the Clothworkers' Company in the County of Londonderry, and the Question of Parliamentary Action in Reference to the London Companies and the Irish Society generally.

To the Worshipful Company of Clothworkers, London.

The Memorial of the Undersigned Tenants on the Manor of the Worshipful Company of Clothworkers.

Respectfully showeth—

That they are informed that your Worshipful Company are about to sell your estate in county Londonderry.

That they regret, before offering it to any private individual, your Worshipful Company did not give the tenants on your estate the opportunity of purchasing their holdings, under the Irish Land Act of 1870.

That if such opportunity be afforded them, they are prepared, considering the advantages offered to tenants under the said Act, to become purchasers of their own holdings.

Your memorialists therefore pray your Worshipful Company to give them such opportunity of purchasing, believing that if the estate be sold it will realise a much larger sum if purchased by the tenants than if sold in the manner contemplated.

And your memorialists, as in duty bound, will ever pray.

Presented by the following deputies,—
S. M. Greer,
Stewart Hunter,
John Mark,
James L. Wallace,

On behalf of themselves and 166 other tenants on the Clothworkers' estate.

10th April 1871.

The deputation also handed the clerk the following letter:—

To the Estates Court of the Worshipful Company of Clothworkers, London.

Gentlemen,
We, the undersigned, take the liberty of waiting upon you as a deputation from the tenants of your Irish estate to present the accompanying memorial largely signed by the tenants, and praying that they may be allowed the opportunity of purchasing from your Worshipful Company their respective holdings. If allowed an interview, we are prepared to submit a proposition by which a limited number of your tenants acting on behalf of all will undertake to purchase the whole of the manor of Clothworkers, and to give a higher price for it than any private speculator could afford to give, and to do this within a limited time under the Land Act of last session.

Hoping that this proposal may be entertained, and that the consequent negotiation may be have a favourable result,
We have, &c.
S. M. Greer.
J. Mark.
Stewart Hunter.
James L. Wallace.

20th April 1871.

Clothworkers' Hall, Mincing Lane, London, 20th April 1871.

Gentlemen, Referring to the "memorial" placed in my hands this morning (which will be laid before the court at its real meeting) and to your request for an interview with the Estates Committee "to submit a proposition by which a limited number of the tenants, acting on behalf of all, will undertake to purchase the whole of the manor of Clothworkers' under the provisions of the Land Act of last session," I have to repeat the notification already made to Mr. Greer by direction of the Sub-Estates Committee for Irish Affairs (and which it was hoped would have spared you the trouble and expense of a journey to London) that "after having consulted their professional adviser they were of opinion that the arrangements with Sir Hervey Bruce are of such a nature as to preclude the possibility of commencing any further negotiation for the sale of the estate."

Under these circumstances the (Irish) Committee conceived that they would not be justified, having regard to the mutual position, in admitting any proposal on the subject in question.

There will be the monthly meeting of the Estates Committee held on Wednesday, when your application will be read, and if you should think it desirable after receipt of this intimation I shall be happy to give you then more direct expression of their views.
I have, &c.
Owen Roberts,
Clerk.

Messrs. S. M. Greer, James L. Wallace, Rev. John Mark, Stewart Hunter.

To the Master and Court op Assistants of the Worshipful Company of Merchant Tailors.

Gentlemen,

We, the undersigned, being a deputation from the tenants on the manor of the Clothworkers, in the county of Londonderry, in which manor, as we understand, your Worshipful Company have a substantial interest, take the liberty of waiting upon you, to represent to you the anxiety of all the tenants on that estate to purchase their respective holdings. If allowed an interview, we are prepared to submit to you a plan, by which a limited number of the more substantial tenants, acting on behalf of all, will undertake to purchase the whole manor of Clothworkers, and to give a higher price for it than any private speculator could afford to give; and to do this within a limited time, under the Land Act of last session.

Hoping that this proposition will be favourably entertained, and that the consequent negotiation may be successful, and that in the meantime you will withhold your assent from any other arrangement, we have the honour to be,
Yours, &c.
S. M. Greer.
James L. Wallace.
John Mark.
Stewart Hunter.

20th April 1871.

Merchant Tailors' Hall, London, E.C., 21st April 1871.

Sir,
I am directed by the master of the Merchant Tailors' Company to acknowledge the receipt of your letter of the 20th inst., and to inform you that he has consulted with his colleagues in the court of this company upon the question raised in that communication, and that they fully endorse the opinion which he expressed to you at the personal interview which he had the honour to have with you on Wednesday last, viz., that the arrangements entered into with Sir Hervey Bruce, Bart., M.P., as to the sale of the Clothworkers' manor in Ireland, cannot honourably be disturbed.

I am to add that under these circumstances the master and wardens of this company presume that you will not urge the reception of a deputation on the subject.
I have, &c.
Francis G. Faithful,
Clerk to the Company.

S. M. Greer, Esq.

To Owen Roberts, Esq., Clothworkers' Hall.

Sir,
We beg to acknowledge your communication of the 20th instant, informing us that the sub-estates committee of the Clothworkers' Company were of opinion the arrangements with Sir Hervey Bruce were of such a nature as to preclude the possibility of commencing further negotiations for the sale of the estate.

We assume from your letter that the sale has not been legally completed, and as the sub-committee, who seem to have conducted the negotiations with Sir Hervey Bruce, may have unintentionally overlooked the strong prior claims the tenants of the estate have on the company to buy, or may have been ignorant of the facilities now afforded by the Government to raise the money to carry out the sale.

We think it right to bring both these matters fully before the court of the Clothworkers' Company and the other companies associated with them, and we feel confident that the moral and equitable claims of the tenants whose forefathers settled on your estate 250 years ago, and by whose industry and loyalty the estate has been improved and preserved for you will, with the full court of the company, overcome any difficulty which the sub-committee may have got into by entering into negotiations with Sir Hervey Bruce.

We have made our calculations and beg to mention that the tenants are prepared to buy at 165,000l., and we request you will lay this letter before the estates committee real on Wednesday 1st, with the view of bringing the matter before a full court of the company.
Yours, &c.
Stewart Hunter.
John Mark.
James L. Wallace.
John Mathews.

24th April 1871.

To Francis G. Faithful, Esq., Merchant Tailors' Hall.

Sir,
In reference to the communication we addressed to the Worshipful the Merchant Tailors' Company on 21st inst., relative to the sale of the Clothworkers' estate in Ireland, we beg to inform you that we have since then received a communication from the clerk of the Clothworkers' Company, from which we infer that the sale negotiated by a sub-committee of the Clothworkers, a meeting is called for Wednesday the 26th, and to ratify the proposed sale.

As we are aware your company has a large interest in the estate, we think it right to inform you that the tenants are prepared to give 165,000l. for it, and we are sure the members of your company who will be called upon to confirm the sale to Sir Hervey Bruce will not overlook the claims of the tenants, whose forefathers emigrated from England and Scotland, and settled the estate with a loyal and peaceable people in times of great trouble and danger, and by whose toil and industry the Clothworkers' Company's estate has been so much increased in value since your company (the Merchant Tailors) sold their estate in 1727 to the Richardson family at 20,000l.

We regret the sub-committee of the Clothworkers' Company seem either to have overlooked these claims, or to have taken it upon themselves to decide upon interests of such vital importance to the tenants, without giving them an opportunity of expressing their views, and we trust the court of the company will, on fuller consideration of the matter, treat the tenants in a different way.
Your obedient servants,
John Mathews.
Stewart Hunter.
John Mark.
James L. Wallace.

24th April 1871.

To the Honourable the Irish Society, London.

Gentlemen,
We, the undersigned, being a deputation from the tenantry (in the county of Londonderry) of the Worshipful Company of Clothworkers, London, and of the Coleraine Town Commissioners, having heard that the said company are about to dispose of their Irish estate, approach your honourable society to inquire whether you have any control over the conveyance of said property, and if so, to pray that you may be pleased to withhold your sanction from the sale as contemplated, and use your influence to afford the tenants the opportunity of becoming purchasers of their own holdings under the Irish Land Act of 1870, in accordance with the prayer of their memorial to the said Clothworkers' Company. We also pray your honourable society to see that a fair proportion of the purchase money arising from said sale be allocated to local purposes.
S. M. Greer.
Stewart Hunter.
John Mark.
John Mathews.
James L. Wallace.

Dated 21st April 1871.

The reply of the Honourable the Irish Society.

It was resolved that the memorialists be informed that the society having referred the memorial to their law officer are advised that the society have no power to exercise any control over the Clothworkers' Company, in dealing with their proposition, subject to the exceptions and reservations contained in the grant from the society to the company.

Irish Chambers, Guildhall, London, 25th April 1871.

Extract from the Minute Book of the Proceedings of the Coleraine Town Commissioners.

17th April 1871.

The Commissioners met this day to take into consideration whether any and what action should be taken in reference to the honourable the Irish Society, and to the contemplated sale of the estate of the Worshipful Company of Clothworkers in this county.

The memorial of the tenants on the estate of the Clothworkers' Company to the Premier in reference to the intended sale having been read. It was unanimously resolved:

That the Commissioners approve of said memorial, and that a deputation be sent by them to cooperate with the deputation from the tenants on the Clothworkers' estate to support it, and to urge the necessity of hastening the promised action of the Government in reference to the Honourable the Irish Society and the London companies, and thereby prevent them from alienating the property which they hold in trust for this locality.
John Mathews,
Chairman of Commissioners.
John McKillip,
Clerk of Commissioners.

(C.)

On the 3rd March 1870, a deputation from seven London companies' estates waited on Mr. Fortescue in London, and presented the following memorial:—

To the Right Honourable C. P. Fortescue, M.P., Chief Secretary for Ireland.

The memorial of a deputation of the farmers on the estates of the London companies in the county of Londonderry, in reference to the purchase of the following London companies' estates, viz.:—

The Salters.

The Drapers.

The Mercers.

The Skinners.

The Ironmongers.

The Clothworkers.

The Fishmongers.

The Grocers.

We humbly pray you to inquire of the above companies whether they would be disposed to sell their Irish estates on the terms in the Irish Land Bill now before Parliament.

Presented 3rd March 1870.

At the same time the deputation handed in a written statement, setting forth the grounds on which they sought his aid, amongst others, their rights as settlers under the Articles of Plantation.

The deputation then expressed their fears that these companies would sell in such a way as not to afford the tenants an opportunity of becoming the purchasers of their holdings

(D.) Memorial to the Worshipful Company of Fishmongers, London, from their Tenantry on the Manor of Walworth, County of Londonderry.

The humble Memorial of the tenants on the estate of the Worshipful Company of Fishmongers most respectfully sheweth:—

That memorialists deeply regret that any cause of disagreement has arisen between them and your Worshipful Company.

That formerly the affairs of the estate were administered in a manner satisfactory both to landlords and tenants.

That the ancient custom of tenant right was respected, and that rents were fair.

That the tenants were contented, they did not fear to expend their utmost penny in permanent improvements, knowing that no advantage would be taken of them, and they regarded the company as just and considerate landlords, but that now a feeling of deep dissatisfaction and distrust pervades the entire estate.

That a few years ago the company sought to abolish the Ulster custom on the estate by requiring the purchasers of tenant right to sign a covenant, binding them to surrender their holdings at the end of the term, without any claim of any kind or description whatsoever.

That this was a vital blow aimed at the principle of the ancient custom, and excited feelings of uneasiness and alarm.

That the agreement which they have been recently required to sign has renewed the apprehension that it is the desire of the company to extinguish tenant right on the estate.

That on the faith of this custom, which, until lately, was never interfered with by the company, large sums have been paid for tenant right, and many permanent improvements made; that the abrogation of that custom by the landlords, unless by purchase, would be an act of confiscation.

That the rise of rents proposed to be exacted from memorialists is on a scale unparalleled and unheard of in this country: that it would virtually nullify tenant right, and act as a heavy discouragement to all further improvement.

That the improved value of their lands is the result of the tenants' industry, without any outlay upon the part of the company, and that the proposed rents would be a grievous charge upon their own improvements.

The memorialists, with a due regard to their own interests, cannot undertake to pay them.

That the estate is at present let higher than the principal estates in this county; that at the proposed rents it would be considerably higher than the highest rented of those estates.

That, from information derived from trustworthy sources, memorialists have reason to believe that, having regard to the circumstances of England and Ireland, and to the fact that in the former the permanent improvements are mainly executed by the landlord, the present rents of your Worshipful Company's estate are relatively higher than the letting value of ordinary agricultural holdings in England.

That memorialists venture to submit that it is not unreasonably expected that a great public company (and the more so, as they are absentees) should deal with their tenants on much more generous and liberal terms than private proprietors.

That although the value of live stock has risen considerably of late, that taxes have also greatly increased, and that the cost of labour has doubled during the last 20 years, that it is still increasing, and there is every prospect that before long it will be still greater than it is now.

That the case of the occupiers of reclaimed land is one of peculiar hardship. Their farms are the result of their hard toil and unremitting industry; the soil at the best is very inferior; the climate so moist as to make the harvests extremely precarious; that the small holders, with the greatest care and frugality, can realise only a scanty subsistence; that the interest on the cost of reclamation would alone be a reasonable rent, and that the proposed increase is exorbitant and oppressive.

That hitherto the occupying tenants have been heavily taxed for public works, for the building of bridges, the making of roads, and keeping them in repair; for gaols, bridewells, court-houses, lunatic asylum, infirmary, salaries of county officials, and charges in connexion with the administration of the laws; that it is but just that the owners of property, inasmuch as they participate in the benefit of the above, should bear their fair share of the burden; that the Land Act provides that, in all new lettings, the landlords shall pay one half of the county cess.

That if on any such new lettings the landlords should seek to relieve themselves of this tax, by adding their share to the tenants' rent, they would be evading a charge which, in strict justice, they ought to bear, and would be depriving the tenants of the boon which the Legislature intended to confer upon them.

That formerly the holders of mountain farms, in conformity with the usage of the country, were entitled to and did charge those persons who cut turf on their holdings a certain sum for each day's cutting as compensation for the injury sustained by reason of the trespass committed, but that for some years past they have been deprived of such compensation.

That nothing should be more deprecated than angry controversy and litigation between landlords and tenants; that, if it should unfortunately come to that, memorialists have not provoked it.

That memorialists have always fulfilled the obligations of good tenants; that they are still ready and willing to do so; that they earnestly desire peace, and that it rests with your Worshipful Company whether the former satisfactory relations shall be restored.

That memorialists respectfully ask permission to inspect Mr. Nolan's valuation.

That memorialists pray your Worshipful Company will take the premises into your favourable consideration, and memorialists, as in duty bound, will ever pray.

20th September 1872.

Signatures.

Thomas Cather.

Hugh Lane.

William Given.

Thomas Moody.

Stephen Gilmore.

Sarah Atkinson.

Samuel Hill.

John Robinson.

Robert Warke.

James Douglas.

Louisa and IsabellaGeorge.

Mary Henry.

George Wilson.

George Kane.

Arthur Gibson.

Joseph Cherry.

William Hemphill.

James Toner.

James Canning.

Michael Bryson.

Susan Toner.

James Leach.

William Duffy.

Thomas Beattie.

John Leach.

Philip Bryson.

John M'Laughlin.

William Connor.

Patrick Leach.

William Canning.

Patrick O'Hara.

Robert Diven.

John Loane.

Michael Cresswell.

Eliza Jamieson.

Rebecca Cochran.

Benjamin M'Kissock.

John Donnelly.

Martha Hood.

James C. Cresswell.

James Connor.

Jane M'Gowan.

Samuel Craig.

William Conn.

Andrew Dunn.

Samuel Limerick.

David Nutt.

Lenox Atkinson.

Margaret Smith.

Sarah Kerr.

Ellen Reid.

Alexander White.

James Cherry.

John Irwin.

William Brizell.

Alexander Witherow.

John Bryson.

Marshall Eakin.

James Irwin.

Samuel Baird.

Michael Brolly.

Mrs. Donaghy.

Patrick Morian.

William John Miller.

John Jamieson.

David Jamieson.

William Whiteside.

James Ellis.

Robert Eakin.

Patrick M'Feely.

William M'Donagh.

Neil M'Donagh.

David Millar.

Robert Sherrard.

Stewart Hamilton.

John M'Cully.

William Hamilton.

David Hamilton.

Thomas Gormley.

Michael Gormley.

Mary Smith.

John Hamilton.

Ralph Hamilton.

William Hamilton.

Samuel Blair.

Thomas Mullan.

William Fleming.

John Long.

James Long.

William Mullan.

William M'Laughlin.

John Scott.

James Tom.

John Mitchell.

John Cartin.

John Hargan.

William Crooks.

John Millar.

Michael M'Closkey.

William Mullan.

Thomas Brown.

James Brizzle.

Thomas Connor.

John Brizzle.

William Rosborough, sen.

William Rosborough, jun.

Joseph Rosborough.

John Rosborough.

Robert Monteith.

Andrew Williams.

John Lyons.

David Sherrard.

Neal M'Laughlin.

John Connor.

James Rosborough.

John Bryson.

James Connor.

John M'Gowan.

Bryan M'Gowan.

Samuel Craig.

Samuel M'Crea.

Alexander M'Ginness.

James Millar.

Samuel Collins.

Bryan M'Gowan.

Bryan Bryson's Repr's.

Arthur Connor.

Philip Connor.

James Kane.

John Townley.

James Connor.

John M'Cloy.

Patrick M'Ginness.

James M'Ginness.

John Patchell.

James Stewart.

James Devine.

Joseph Devine.

Joseph Craig.

Daniel M'Feely.

William M'Donagh.

Henry M'Donagh.

Manasses Quigley.

Felix Harman.

Edward Devine.

John M'Closkey.

Edward M'Closkey.

Charles Mullan.

John Tracey.

Patrick O'Kane.

George O'Kane.

William Lyons.

William Swan.

John Duffy.

Arthur Duffy.

Patrick Brolly.

James O'Neill.

Mrs. M'Keever.

James Marshall.

Felix Treacy.

Catharine Brolly.

Hugh Cartin.

Arthur Duffy.

Michael M'Donagh.

William M'Keever.

John Whiteside.

Patrick M'Donagh.

Adam Nilson.

Manasses Carland.

Joseph A. Newell, P.M.

William Brown.

James Shannon.

Robert Clarke.

Daniel Ferris

Matthew Watt.

Joseph Irwin.

Stewart Christie.

James Christie.

Thomas Craig.

Jane Christie.

John Marshall.

Samuel Marshall.

Andrew Hamilton.

James Gibson.

James Christie.

Thomas Gibson.

Andrew Leslie.

Andrew Gibson.

Joseph Christie.

Martha Dunn.

Jane Turnbull.

Benjamin Irwin.

William Patchell.

George Cather.

Joseph Thompson.

Thomas Loughrey.

James Reid.

William Crawford.

George Loughrey.

William Reid.

William Farren.

George Proctor.

Andrew Robinson.

Robert Morrow.

Henry Hyndman.

William Morrison.

William James Patchell.

John Eakin.

James Loughrey.

James Connor.

John Brolly.

Joseph Ferguson.

James Leach.

Robert Ferguson.

Robert Cochran.

William Cochran.

John Quigley.

John Wm. Rodgers, P.M.

James Miller.

Thomas Miller.

John Blair.

Thomas Blair.

Joseph Cochran.

William Cochran.

Joseph Eakin.

Andrew Eakin.

John Eakin.

Joseph Eakin, jun.

Thomas M'Comb.

Robert M'Kinley.

George Craig.

James Horner Eakin.

William Eakin.

William M'Laughlin.

William James Guthrie, sen.

Robert Barber.

John Tedley.

Samuel Parkhill.

Thomas Smyth.

John Walker.

James Biggar.

Robert Hamilton.

Samuel Parkhill.

Michael Rodgers.

Samuel Ross.

William James Ross.

William M'Ginnis.

William Ferguson.

Alexander Parkhill.

James Stirling.

Adam Caldwell.

William Gillespie.

Robert Ogilby.

John Kelly.

James Caldwell.

John Murray.

Ezekiel Caldwell.

James Parkhill.

John Burns.

Thomas Burns.

George Burns.

James Burns.

John M'Ginnis.

Robert M'Ginnis.

William M'Ginnis, sen.

John M'Laughlin.

William Tedlie.

Daniel Donaghy.

William Coyle.

Edward Coyle.

Alexander Gilfillan.

Alexander Burns.

Matthew Sloan.

James Ross.

William James Guthrie.

William Guthrie.

Jacob Morrison.

Margaret M'Clelland.

This memorial was accompanied with the following documents reproduced herein-under under the headings A, B, C, D. E, viz.:—

A. Statement from Townlands.

B. Statement of Rentals.

C. Extract from opinion of Mr. Holmes.

D. Extract from speech by the Right Hon. Chichester Fortescue.

E. Extract from the "Times" newspaper.

A. Statement received from 39 Townlands, showing the present Rent, the proposed Rent, and the per-centage of Increase on each Holding.

Carnamuff.

Dunbrock.

Sistrokeel.

Nedd.

Oughill.

Clark.

Tirmacoy.

Loughermore.

Gortilea.

Tirglassan.

Ballyhanedin.

Glasvey.

Ballyholly.

Killylane.

Magheramore.

Ballykelly.

Ballykeen.

Ballymaclenaghan.

Dungorkin.

Kincull-black.

Coolnacolpagh.

Letterlougher.

Black-kincull.

Mulderg.

Gresteel Beg and Gresteel More.

Glasakeeran.

Dungullion.

Gortgar.

Killycorr.

Ballyspallen.

Barnakilly.

Tullymain.

Broharris.

Rascahan.

Tullyhoe.

Lisnakilly.

Farloe.

Broglasco.

Broighter.

B. Statement of Rentals and Government Valuation of the Principal Estates in the County of Londonderry.

C. Extract from the opinion of Hugh Holmes, Esq., Barrister-at-Law.

"I therefore would strongly advise the tenants not to accept leases on the terms proposed. Such leases would certainly be dangerous to, and possibly destructive of their tenant right."

D. Extract from the speech of the Right Honourable Chichester Fortesque on the Land Bill

"There is no more dangerous and gross—I was going to say no more insidious—violation of the custom, than to raise rent to such a point as seriously to impair the value of the tenant right. That is a breach of faith which I am happy to believe, when this Bill passes, can seldom occur again, because the landlord will have to find a tenant to pay, or pay himself, a tenant right value, calculated at the former rent, or at such a rent as would not violate the custom."

E. Extract from the "Times" Newspaper.

"If there be an institution which is exceptionally Irish, and which has its root in social conditions which do not exist in Great Britain, it is the tenant right of Ulster. It expresses a history, or rather a tradition, in the tenure of land which differs entirely from those which have grown up in England during the last two centuries. The prevailing principle of Irish tenancy is that everything should be done by the tenant; of English tenancies it is that everything should be done by the landlord. Sometimes an Irish tenancy may, under exceptional circumstances, approximate to English usage, and sometimes in England the letting of land may partake of an Irish character. But, speaking generally and almost universally, the English landlord is a man who places his farm in perfect order, invests large sums in buildings and improvements, and then lets the whole to a tenant of more or less capital, who, on entering it, finds it in full working order, and sets about his business with the reasonable expectation of a fair return for his capital. In Ireland, on the contrary, there has been hitherto a uniform and ancient tradition of a very different practice. What the chief delivered to his dependent was merely so much of the earth's surface, so far as he was concerned, in a state of nature. The habits of nations have a singular vitality, and the usages of the reign of Elizabeth influence the social relations of the reign of Victoria. Up to the present time all that is done to the land in Ireland is the work of the tenant. If we consider how much is put into the land by the labour of successive generations, and how small a part of the selling value of the soil and its appurtenances is represented by the primitive clods of the wilderness, we can understand what a share in the creation of the existing Ireland belongs to the occupiers as a class. Tenant right and the customs sanctioned by the Land Act of 1870, which now rule Ireland, have grown not unnaturally, from the historical development of Ireland, and are more or less suited to its present usages.

(E.) Statutory Declarations to show advance of rents from time to time on estate of Fishmongers' Company in co. Londonderry, manor of Walworth, between 1825–1882.

Petty Sessions (Ireland) Act, 1851, 14 & 15 Vict., cap. 93. (Form Ad.) Solemn Declaration.

I, Michael Creswell, of Nedd Ballykelly, do solemnly and sincerely declare, that the holding which I now occupy was held by my father from the Beresfords (they being the lessees of the Fishmongers' Company at that time) at the annual rent of 9l. or 9l. 10s. When the lease dropped the company immediately raised the rent to 36l. per annum.

Two or three years afterwards the company employed a surveyor and valuator to straighten the mereings and do away with rundales, by this we lost five Irish acres and had our rent fixed at 33l. 10s. per annum.

A large portion of the farm was bog and waste, and at the taking of our present lease (1872) we had effected very considerable improvements, having reclaimed all the bog land and erected substantial buildings. Our present rent was then fixed at 40l. 5s., and which we still continue to pay. I may also say that the reclamation of 20 acres was effected altogether by our own expenditure. The farm was held by lease for three lives, and 71 years from the Beresfords, renewable. The Fishmongers caused this old lease to be given up when they came into possession of the estate at the King's death.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Provisions of an Act passed in the sixth year of the reign of his late Majesty King William the Fourth, chapter sixty-two, for the Abolition of unnecessary Oaths.

(Signed) Michael [his mark] Creswell.

Made and subscribed before me this seventh day of July in the year eighteen hundred and eighty-two.

(Signed) Theobald M. Bryson, J.P. Justice of said county Londonderry.

(Stamp.)

Petty Sessions (Ireland) Act, 1851, 14 & 15 Vict., cap. 93. (Form Ad.) Solemn Declaration.

I, John Kinkead, of Broharris, do solemnly and sincerely declare, that I remember my father holding about 18 acres in Ballykelly, 10 of which were under lease from the Beresfords, "middlemen holding under " the Company of Fishmongers." In 1820 the Fishmongers came into possession of the estate and compelled my father to relinquish his lease. The boundaries of the farms were then straightened, and, as a consequence, my father lost his holding, but got instead a few years after a farm in Ballyking townland, which was previously held by a man named Wright, who had to leave not being able to pay the rent.

I succeeded to my present holding through my uncle not being able to pay the rackrent imposed by the Company after they came into possession. The rent was raised from 10s. to 2l. 2s. per plantation acre. I never could have paid this rent from the resources of the farm, but did so from moneys earned at road making and boating shells for sale as manure. I reclaimed three acres of bog land on this farm without any aid from the Company. I believe all the land in this part was raised in the same rate as this farm. Of a number of tenants I remember Jack Creswell, Hamilton, Irwin, Andrew Grey, and Robert Cowan having to quit their farms owing to excessive rents, they being industrious men. Distraints for rent were very frequent.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act passed in the sixth year of the reign of his late Majesty King William the Fourth, chapter sixty-two, for the Abolition of unnecessary Oaths.

(Signed) John Kinkead.

Made and subscribed before me this eighth day of July in the year eighteen hundred and eighty.

(Signed) Theobald M. Bryson, J.P.,
Justice of said county of Londonderry.
Stamp.)

Petty Sessions (Ireland) Act, 1851, 14 & 15 Vict., cap. 93. (Form Ad.) Solemn Declaration.

I, Henry Hyndman, Carnamuff, aged 82 years, do solemnly and sincerely declare, that I remember my grandmother holding under lease this farm, which then consisted of 18 or 20 plantation acres and also the right of grazing on the mountain portion of the town as far as Loughermore at the rent of 3l., "Irish currency." At the expiration of the lease the rent was raised to 3l. 3l. My father came into possession at my grandmother's death, and held under lease for lives and years renewable at 5l. 5l. per annum till the death of King George in 1820, when the Fishmongers then coming into possession of the estate compelled him to relinquish the lease, and raised his rent to 23l. and took the right of grazing from him on the mountain. In or about 1826 he straightened the boundaries of the farms; he then got an addition to his farm (making it in all about 25 acres plantation), at the rent of 30l. I succeeded my father about 30 years ago, and in 1872 my rent was raised to 34l.

Besides several others I remember James Macafee and Sam Selfridge living in the next townland and holding about 16 acres each, being compelled to give up their farms when reduced to poverty by rackrents.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act passed in the sixth year of the reign of his late Majesty King William the Fourth, chapter sixty-two, for the Abolition of unnecessary Oaths.

(Signed) Henry Hyndman.

Made and subscribed before me this seventh day of July in the year eighteen hundred and eighty-two.

(Signed) Theobald M. Bryson, J.P.,
Justice of said county of Londonderry.
(Stamp.)

Petty Sessions (Ireland) Act, 1851, 14 & 15 Vict., cap. 93. (Form Ad.) Solemn Declaration.

I, James Connor, of Sistrokeel, aged 86 years, do solemnly and sincerely declare, that my father, Arthur Connor, my uncle, Isaac Connor, and cousin, John Connor, held under the Beresfords (they being the Fishmongers' lessees) a large portion of land adjoining Sistrokeel Mountain at the yearly rent of 6l. 6s., and one duty day for each tenant annually. They also occupied the right of grazing on the mountain. Immediately after expiration of the lease we were deprived of the mountain, and our rents were raised to 37l. At the taking out of our present lease in 1872 we were still further raised to 60l., our present rents. We also lost a portion of our holdings for planting without any remuneration. I was enabled by means of a shop and by dealing in cattle and such like to improve and hold my farm. The reclamation on these farms which was almost the entire area was effected by the expenditure of the tenants with the exception of a slight advance of cash given by the company to assist in drainage.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act passed in the sixth year of the reign of his late Majesty King William the Fourth, chapter sixty-two, for the Abolition of unnecessary Oaths.
(Signed) James [his mark] Connor

Made and subscribed before me this seventh day of July in the year eighteen hundred and eighty-two.

(Signed) Theobald M. Bryson, J.P.,
Justice of said county of Londonderry. (Stamp.)

We the undersigned tenants, residing on the townland of Tyrglasson, upon the Fishmongers' Estate, hereby declare that we, the joint tenants in the year 1818 or 1819, paid the sum of 4l. 11s. Irish currency for the holding or acreage, we then held in occupancy, for which holding we now pay the sum of 28l.

Joseph Eaken.

John Eaken.

Declared before me this seventh day of July 1882, at Straid-arran, and I know the deponents.

John C. F. Hunter, J.P.,
Co. Londonderry.

F.)

Draft Memorials to the Prime Minister.

To the Right Hon. W. E. Gladstone.

The memorial of the tenants of the Drapers' Company

Humbly sheweth,—

That we believe the Drapers' Company get their lands at a mere nominal rent, the intention of the Crown being that they should set them at proportionally easy rents, give fixed estates, and otherwise encourage the plantation tenants.

That instead of thus encouraging them they, like the other London companies, abandoned their estates, and set them to the highest bidder, leaving the tenants to the mercy of private speculators.

That since the company resumed the management of their estate we have not received the advantages that the Crown intended we should have, but have been charged high rents (higher than the tenants under many private landlords), thus making us pay for the use of that property which has been created in our farms by the tenants since the plantation, part of which consists of lands that were then waste, for which we believe the company were not charged anything by the Crown.

That, though we and our predecessors have built, reclaimed, fenced, and drained, yet had it not been for the protection given by the Land Act of 1870 all would have been swallowed up, and we would have been treated as English tenants.

That, since that Act became law, the company are trying to force office rules, which would take from tenants in villages the right of free sale, though, according to the old custom, they could sell their houses with the land attached to the highest bidder, the houses being originally built by the tenant, many of whom are living solely by agriculture; also, in cases where these tenants do not wish to sell, the company are forcing them to sign away their property without remuneration.

That this company have not encouraged industries of any kind, but, like the other London companies, have put a check on private enterprise, as may be seen by comparing the towns on their estates with others on every side, where the natural advantages were not greater.

That, as the estates of these companies were given them, not for their own profit, but to plant with, and afterwards encourage upon them a loyal tenantry, your memorialists cannot see why they should be permitted to crush their tenants with high rents, and to spend the fruits of their industry in a place so wealthy as the city of London.

Memorialists would humbly plead that you would use your great influence, which has always been on the side of the oppressed, and cause the Crown to resume its rights, and have these estates sold to the tenants; and would ask you, in doing so, to take into consideration the following facts:—

1. That we are greatly reduced by adverse seasons, unremunerating prices for farm produce, and high rents, and are unable to purchase, as we could have done some years since.

2. That this company have been drawing so largely out of the estate, over what they have a right to take, that they have now little claim upon it.

3. That the value of land property in Ireland is greatly reduced on account of the present depression in agriculture.

And memorialists, as in duty bound, will ever pray.

To the Right Hon. William E. Gladstone.

The petition of the tenants of the London Companies' Estates in the county of Londonderry, Ireland,

Humbly sheweth,—

That the said companies were granted their estates in the county of Londonderry for certain purposes, the principal of which was the improvement of this part of Ireland, and it was stipulated, amongst many other things, in the Plantation Articles, with which they were to comply, that they should plant tenants on their respective proportions, and that these tenants should hold by a certain tenure and a fixed rent.

That the said companies entirely disregarded these conditions, having, almost as soon as the charter was made to them, transferred the possession of their estates, on terminable leases, to middlemen; and, on the termination of these leases, fresh ones were from time to time granted in consideration of large fines and annual head rents; the common practice being, when a lease of one of the companies estates was near its expiry, to publicly auction a new one to such person as offered the largest fine and highest head rent, and thus until lately (the Skinners' estate only reverted to that company eight years ago) a system of middlemen was perpetuated whose only object was to make as much profit as possible during the continuance of their leases; and the consequence was that advantage was taken of every opportunity to add to the rents of the tenants, and, to do this with greater facility, the only tenure granted them was from year to year.

That all reclamation, improvements, and, in fact, everything that has been done to make the land fertile and productive, has been at the expense of the occupying tenants; the said companies nor their middlemen never in any way contributing.

That notwithstanding the previous high rents, and that all improvements were the work of your petitioners or their predecessors, the said companies have recently very largely increased your petitioners' rents, and thereby confiscated a great portion of their interest in their holdings under the Ulster custom. The said companies have also in various other ways deprived your petitioners of the benefit of said custom, by restricting the right of free sale, by taking from your petitioners without compensation their property in towns, which they either created or purchased under it, and by forcing them to enter into contracts which would destroy its effects entirely, and altogether dealing with your petitioners in a harsh and oppressive spirit.

That your petitioners believe that the practice of burthening the tenants of their Irish estates with excessive and unjust rents, which are drained away to be spent on the private purposes of the said companies in London, is a direct violation of the fundamental condition on which their charter was granted, and is a grievous injury to the prosperity of this county.

That the existence of the said companies at the present day is as anomalous as it is uncalled for, inasmuch as they have now no relation to the trades whose names they bear, few (if any) of them having amongst their numbers a single member of the craft they represent, and being composed of elected members, who are not supposed individually to have any pecuniary interest in their funds; and more especially is their position anomalous with respect to their Irish properties, as the objects for which these were entrusted to them have long since become obsolete, or have been disregarded.

That, under the foregoing circumstances, feeling much aggrieved and injured by the system of management pursued by the said companies, which has been characterised by a want of sympathy with their tenants and a carelessness or ignorance of their requirements, your petitioners would earnestly request you to lay such a measure before Parliament in its present session as may enable them to acquire the fee of their holdings on such reasonable terms as will restore them to the position which recent oppressive exactions have deprived them of.

And your petitioners, as in duty bound, will ever pray.

Signed on behalf of the Skinners' tenantry.

(Signed) James Fallows.

Dungiven.

Signed on behalf of the Fishmongers' tenantry.

(Signed) Robert Dunn,

Ballykelly.

Signed on behalf of the Ironmongers' tenantry.

(Signed) George Williamson.

Aghadowey.

Dungiven, 18th March 1881.

To the Right Hon. W. E. Gladstone.

The memorial of the tenants on the estate of the Salters' Company of London,

Humbly sheweth,—

That the undersigned memorialists are each and all tenants upon this estate.

That the history of the settlement of the London companies in county Derry narrates the purposes for which these lands were given in trust, and with which records or trust deeds memoralists are not sufficiently acquainted to make a clear case.

That memoralists believe the beneficent intentions of the Crown were towards the tenants on the estates of the London companies.

That the Crown intended and also stipulated with these companies that they should be the medium to carry out the wishes of the Crown in colonising and raising upon these estates a peaceful and loyal population which would strengthen the Government of England, and by their industry and example stimulate others outside the bounds of these estates to become industrious and peaceful subjects.

That whatever may have been the conduct of these companies in the first instance, some of them sub-leased their estates to parties who worked them for their own profit, thus sinking all benefits to the tenants to which they were entitled under the public trust.

That the Salters' Company of London sub-leased their estate to A. Stewart and Sir T. Bateson for a term of years which expired in 1854, and, on the expiration of said lease, the Salters' Company resumed possession, and inaugurated their return by advancing the rents on several occasions.

That tenant right always existed on the Salters' estate, owing to the fact that the tenant made all the improvements, and not one penny of the landlords' money was ever expended upon these holdings, except in loans which were granted to the tenants and charged for at 6 per cent. per annum.

That Griffith's valuation upon the estate of the Salters' Company, as upon all other lands in Ulster, included, not a valuation of the landlords' property alone, but also the value of the tenant right, so that if Griffith's valuation were accepted as the basis for fixing a fair rent all over Ireland, the tenants of the Salters' Company, as of the other London companies and of all the lands in Ulster, would be mulcted for their industry, in having to pay a rent upon the property which the tenants themselves invested in their holdings, which property in many cases comes up to, and even in some cases exceeds, the landlords' property in the said holdings. The tenants are now paying a rackrent, at and above Griffith's valuation, and during the bad seasons they have not received any abatement of their rents, though a private landlord, who purchased a portion from the Salters' Company, has given a substantial abatement of rent in the last two years.

That the Salters' Company materially advanced their rents during this period of distress, and are still advancing all farms which change tenants.

That the Salters' Company contracted their tenants out of the provisions of the Land Act of 1870 in limiting the tenant right of farms to 10 years' purchase of the Government valuation, and compelling the tenant to pay all the county cess, on change of tenancy, and of taking advantage of a technicality in the Land Act to deprive the occupiers of town holdings of tenant right upon their lands, which lands were all and always bought and sold according to the Ulster custom; and the town buildings in many cases are charged at nine fold the rents they stood at in 1854.

That, for these and various reasons, the tenants on the estate of the Salters' Company have been, and are, so impoverished—namely, by the exactions of the landlords—that a distribution of these lands to the occupiers under the provisions of the Bright clauses of the Land Act of 1870 would act injuriously on the tenants, inasmuch as the tenants are now quite unable to make annual payments which would amount to the present rent of their holdings.

That, under sanction of a sound public opinion, and —as memorialists do verily believe—by virtue of the non-fulfilment of the Salters' Company's duties to the Crown and to the tenants on this estate, and of the other estates of the London companies so circumstanced, the Crown should resume possession of these lands, selling them to the tenants, each his holding, under such monetary conditions as would reduce the occupier's annual payment to about two thirds of the present rent, and that the first instalment should be reduced to the lowest possible sum.

That, as the poverty of the memoralists is mainly due to the exactions of the Salters' Company upon them in the past, you, sir, supported by your powerful Government, will endeavour to secure the property at such a reasonable price as will compensate the tenant, who has paid a rent for many years up to and exceeding Griffith's valuation, which, as memoralists have endeavoured to show, is almost double a fair rent, considering the tenants' capital, which is valued along with the landlords' part.

That memorialists believe and know that the people's rights are in safe hands.

And memorialists, as in duty bound, will ever pray.

Dated at Magherafelt this 1st day of January 1881.

(Signed) Horace T. Gausen, Magherafelt.
John Walker,
Robert Stewart,
Charles McKenna,
Alex Johnston,
Thomas Evans,
John Walsh,
John Staar,
John Donaghy,
Thomas Collins,
Richard Gilmore,

Footnotes