The Land-War in Ireland: A History for the Times

by James Godkin

But the heaviest charge laid at the door of the Irish Society is its persistent refusal to grant proper tenures for building. By this, even more than their reckless squandering of the revenues of a fine estate, which is not their own, they have obstructed the improvement of the city. They might possibly be compelled to refund the wasted property of their ward, but they could never compensate for stunting and crippling her as they have done. Fortunately, there is a standard by which we are able to measure this iniquity with tolerable accuracy. Dr. William Brown, of Derry, testified that it was the universal conviction of the people of Derry, of all classes and denominations, that, by the mismanagement of their trust, the Irish Society had converted the crown grant from the blessing it was intended to be, and which it would have been under a just administration, into something more akin to a curse. For anything that saps the self-reliant and independent spirit of a community must always be a curse. Within the last hundred years Belfast was not in advance of Derry in population, in trade, in capital, or in any other element constituting or conducing to prosperity. Its river was not so navigable, and by no means so well adapted to foreign, especially transatlantic trade. The country surrounding it was not superior in soil, nor the inhabitants in intelligence and enterprise. It had no estate, as Derry had, granted by the crown to assist in the development of civilisation, education, and commerce. Its prospects, then, were inferior to those of Derry. But Belfast had the one thing, most needful of all, that Derry had not. It had equitable building tenures. And of this one advantage, look at the result! 'Belfast is now seven times the size of Derry; and is in possession of a trade and a trade capital which Derry can never hope to emulate, while smothered by the stick-in-the-mud policy of that miserable anachronism the Irish Society.'

The London companies which have estates in the county Derry claimed to be entitled to all the surplus revenue after the cost of management was deducted. This was the question raised by the celebrated 'Skinners' case,' ultimately decided by the House of Lords. The effect of the decision was, that the society was a trustee, not for the companies but for the public objects defined in the charter and the 'articles of agreement.' Lord Langdale's language on the subject is perfectly clear and explicit. He declared that the Irish Society have not, 'collectively or individually,' any beneficial interest in the estates. In a sense they are trustees. They have important duties to perform; but their powers and duties have all reference to the Plantation, whose object was purely public and political.

Adverting to this judgment, it is not Derry alone that is interested in the abolition of the Irish Society. Its objects 'affected the general welfare of Ireland and the whole realm.' The city of London, in its corporate capacity, had no beneficial interest in the estates. 'The money which it had advanced was early repaid, and the power which remained, or which was considered to remain, was, like that of the society, an entrusted power for the benefit of the plantation and those interested in it. The Irish Society seems to have been little, if anything, more than the representative or instrument of the city for the purposes of the Plantation.'

I subjoin the text of the concluding part of the judgment in the Skinners' Case, the report of which fills a very bulky volume:—

Lord Langdale said: 'The mistaken views which the society may have subsequently taken of its own situation and duties (and I think that such mistaken views have several times been taken) do not vary the conclusion to be deduced from the charter and the circumstances contemporary with the grant of the first charter. I am of opinion that the powers granted to the society and the trusts reposed in them were in part of a general and public nature, independent of the private benefit of the companies of London, and were intended by the crown to benefit Ireland and the city of London, by connecting the city of Londonderry and the town of Coleraine and a considerable Irish district with the city of London, and to promote the general purposes of the Plantation, not only by securing the performance of the conditions imposed on ordinary undertakers, but also by the exercise of powers and the performance of trusts not within the scope of those conditions. The charter of Charles II. expressly recites that the property not actually divided was retained for the general operation of the Plantation.'

CHAPTER XVIII.

TENANT-RIGHT IN DOWN.

If there are sermons in stones I ought to have learned something from the ruins of the castle built by Sir Arthur Hill, the founder of the house of Downshire, in which they show the chamber occupied by William III. while his army was encamped at Blaris Moor. This was once a royal fort, and among the most interesting memorials of the past are the primitive gates, long laid aside from duty, the timber gradually mouldering away from the huge nails, which once added to their massive strength. Hillsborough was incorporated by Charles II., and sent two members to parliament. The Hills rose rapidly in rank and influence. In 1717, Trevor Hill, Esq., was created Viscount of Hillsborough and Baron Hill. In 1756, Wills, the second viscount, was made Earl of Hillsborough, and in 1789 he became Marquis of Downshire.

Hillsborough is the most perfect picture of a feudal establishment that I know. On one side of the little, quiet, tradeless town are the ruins of the old castle, with its park and its fine ancestral trees, through the thick foliage of which pierces the spire of the church, lofty and beautiful. On the other side, and quite close to the town, is 'the new castle'—an immense building of cut stone, in the Greek style, two storeys high, shut in by high walls from the view of the townsfolk. Then there is the small market-square, with the court-house in the centre, the hotel at the top, and other buildings of a better class on the opposite side. From the hill, which is crowned by these buildings, descend small streets, in which dwell the inhabitants, all more or less dependent on the lord of the manor, all cared for by him, and many of them pensioned when disabled by age or infirmity.