Irish History and the Irish QuestionSmith, Goldwin
History
Irish History and the Irish Question
Smith, Goldwin
Ireland -- Politics and government; Irish question
Before proceeding to examine its provisions, it might be well to point out
that the common law rights of Irish agricultural tenants were in the
absence of special customs governed since the reign of James I. by English
common law rules. The English system of land tenure was imposed upon the
country by virtue of conquest. But the circumstances of the two countries
were entirely different.
In England the landlord owned the soil and everything on it. The dwelling
houses and out-offices, the farm roads, the drainage, were built by him or
his predecessors. He let a holding to a tenant as a going concern, and for
the holding so equipped he received rent. The relations between landlord
and tenant in England rested on a business footing. If the tenant did not
feel satisfied with his farm or his lot, he moved on. There were none of
the ties there, either of attachment or of interest, that existed in
Ireland. In Ireland the tenant or his predecessor provided, by his labours
or his savings, the whole equipment of the farm. His family for
generations back occupied the same plot, and he dearly learned to know and
love every stone and hedge about the place. In England the improvements
were effected by the landlord out of the rent paid him by the tenant, and,
of course, were legally his by the law of the land. In Ireland the
improvements, almost universally made by the tenant, became at common law
the property of the landlord, who was under no _legal_ obligation to
compensate the tenant for them on ejecting him from his holding. The
following extract from the report of the Devon Commission contrasts the
practice in the two countries very well. "The Commission finds on all
hands, it is admitted, that, according to the general practice in Ireland,
the landlord builds neither dwelling-house nor farm-offices, nor puts
fences, gates, etc., into good order before he lets his land to a tenant.
The cases in which a landlord does any of those things are the exceptions.
The system, however, of giving aid in these matters is becoming more
prevalent. In most cases whatever is done in the way of building is done
by the tenant, and in the ordinary language of the country
dwelling-houses, farm-buildings, and even the making of the fences are
described by the general word 'improvements,' which is thus employed to
denote the necessary adjuncts to a farm, without which in England or
Scotland no tenant would be found to rent it."
What I have said represents the general, but, I should add, not the
universal, condition of things in Ireland at this time.
Public-domain text, read in full here on John Shaqi.
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