NOW that the Crofters Commission have issued
their Parlia mentary
Report upon last year's work in Shetland, we propose to
summarise the results of their visit to the island, and to
point out the effects which the Crofters Act has had, and
probably will have, upon the relations of proprietors and
tenants, upon the circumstances of the latter, and upon the
prosperity and progress of the island. According to the
Report the Commission dealt with 1330 applications to have
fair rents fixed, embracing 7057 acres of arable land,
15,031 acres of outrun or cow's grass, and 123,420 acres of
hill pasture, with the result that a gross rental of £6917,
payable by 1328 Crofters, has been reduced to £4990,—a
reduction of over 27 per cent.; while arrears of £6438 have
been reduced to £2323,—a reduction of over 63 per cent. A
discussion of the merits of these decisions, incongruous as
some of them appear, would serve no good purpose, as the
Commission give no reasons for any of their decisions, and
we prefer rather to enquire, what, now that the general
result of the Commissioners' visit is known, is the effect
likely to be produced by their action.
To rightly appreciate this, one must first
consider the nature of the right of a Shetland Crofter, his
manner of life, and his means of livelihood in the past. The
'Holding' of a Shetland crofter consists of three distinct
items—first, his house and patch of arable land, (sometimes
enclosed but more often not) upon which he raises his grain
crop, potatoes, and cabbages. Of the quality of the grain,
little can be said, but it must be borne in mind that the
statements of the crofters, that in many years they make no
meal from their crops, are quite misleading to one not
acquainted with the island. These crops, although in some
cases used as human food, are in the main not grown for any
such purpose, but in order to be used as fodder for the
stock through the winter. Next comes the ' outrun ' or cow's
grass, which may be separately enclosed, but more often is
simply a portion, well-known by its own boundaries, of a
general outrun pertaining to a township of from two to
twenty or more crofts, the whole of which is enclosed into
the township by a fence, or by the old ' hill-dyke,' built
of turf and renewed from year to year. Lastly comes the 'scattald
right' or right of pasturage over a large tract,—it may be
thousands of acres, of rough hill pasture lying outside the
hill dykes, in common not only with his fellow crofters of
the township, but with those of other townships bordering on
the scattald, and, it may be, belonging to different
proprietors. Upon this scattald the crofter may keep a stock
of sheep and ponies all the year round; and in summer he may
use it partially for his cattle and for flocks of geese
fattening for the Christmas market. The peculiarity of this
right was that it was entirely vague and undefined as
regarded the number of sheep or ponies which each crofter
might pasture, and gross inequalities existed; such as that
one of two crofters paying similar rents had one hundred or
two hundred sheep, while his neighbour had only ten or a
score. In some cases, a slight attempt at regulation had
been made, but of the estates dealt with by the
Commission, on only one, that of Lunna, had
an actual allotment and limitation of stock been made and
enforced. The reason of this is twofold. In the first place,
by the traditions of Norse law, still handed down in the
island, the free use of the scattald is said to be the
inalienable right of the occupiers, and all attempts at
limitation of that right have been invariably objected to by
them; and, in the second place, the expense necessary for
effective regulation is so great as to act as a deterrent.
Because, before anything of the kind is possible, the
'common rights' of several proprietors over the whole
scattald must be converted by the Court of Session into
absolute and exclusive rights to each proprietor, over a
definite share set apart to him by an expensive process of
division, and thereafter his absolute right thus ascertained
must be protected by, perhaps, miles of wire fencing. Thus
it happened that over nearly the whole of Shetland the
crofter's scattald right was at the passing of the Act quite
indefinite, or limited only by the ability of the crofter to
acquire stock on the one hand, and the right of the
proprietor to raise the rent upon, or to evict, a large
stock-holder upon the other.
Of modes of life among Shetland crofters
there are two distinct varieties,—that of the seafaring man,
who goes from home to the different fishings at the proper
season, or, as is quite common, on a voyage to a foreign
port; and that of the man who stays at home, attending to
his croft and stock, and only fishes occasionally from a
small boat, or takes up some such local trade as carpenter
or mason. The former depends upon the sea for his
livelihood, and holds a croft principally as a home for his
family, though, by himself, or his grown-up children, he may
raise small crops and keep cows and a small sheep stock. The
latter, of whom the number is comparatively insignificant,
devotes his attention mainly to the croft and scattald, and
derives his living from the sale of cows, sheep, ponies and
geese reared thereon, as well as of woollen goods or
Shetland tweed, grown and spun, and knitted or woven at
home, all by members of his own family. The fishing he looks
to more as a means of procuring food, though he may also
earn considerable sums by the sale to local dealers of his
fishes. What effect then will the reductions of rent made by
the Commission have upon the circumstances of these crofters
? The answer must be that it will be very slight. If it had
been the case that the average crofter depended for
subsistence upon the produce of his croft only, the
reduction of rent would have borne such a ratio to his
income as might have created the difference between hardship
and a reasonably comfortable existence. But, as every one
acquainted with Shetland knows, the sum in question, when
compared with the sums earned by the average crofter and his
family, and spent upon food, clothing, and luxuries, is of
no practical significance. The man who was comfortable under
the old rent will have a larger sum to spend; the man who
was poor will be poor still.
But the effects of the Act are further
reaching than the mere matter of rent. It alters the
relations of landlord and tenant in many important
particulars, aud it is with this alteration that we propose
to deal. Prior to the passing of the Act, the landlords had
in their hands an almost unlimited power over the tenants;
and exercised, whether for good or ill, a species of
patriarchal government; its sanction being the power to
evict and remove from the district any crofter who disputed
his landlord's authority. The Crofters Act abolishes this
power of eviction : and now behind his security of tenure,
the crofter laughs at all regulations made by the
proprietor., except such as the law expressly forces him to
observe. Many and deep were the complaints before the
Commission of the manner in which landlords had in the past
exercised their powers, and, it must be admitted, not
without foundation in some instances. As the Crofters'
Agent, in his opening speech before the Commission, put it—'
Shetland, the chosen home of the Truck system in its worst
and most oppressive form, is likewise the last resort of the
exploded doctrine of the divine right of landlords.
Practically there has been a state of semi-serfdom. While
the Crofters Act operates in other counties as a measure of
agricultural relief, in Shetland it is in reality an Act of
emancipation.' And certainly were the evidence given before
the Commission to be accepted as correct, the statement was
not too absurdly exaggerated. But after perusal of the whole
evidence, as reported almost verbatim in
the local papers, one is forced to the conclusion that
though the crofters were ruled with a stern hand, only a few
cases of hardship or oppression have been established, and
that upon the whole this patriarchal government has been for
the good of the people themselves as well as for that of the
proprietor. Never, perhaps, was it more necessary at the
close of a judicial inquiry to keep in mind the maxim, Audi
alteram partem.
The object of the inquiry was to fix fair rents, and the
proprietors' agents appeared in court for this purpose only.
They had no knowledge of what complaint or grievance might
be brought up by any crofter, and could only contend to the
court, though as it proved in vain, that evidence of events
occurring thirty or forty years ago was quite irrelevant to
the questions before it. So far as the local reports show,
no proprietor took the trouble to lead counter evidence upon
these matters, but in many' cases a cross-examination of the
witness entirely changed the whole bearing of his story.
Thus at a sitting upon the Busta Estate at Brae, a crofter
complained that he had been forbidden, on pain of eviction,
to fish for haddocks in the voe or bay opposite his croft,
putting this forward as a monstrous example of landlord
oppression, and also as an explanation of his inability to
pay rent. On cross examination this man admitted that the
prohibition was against ' long line' fishing, and had been
issued by the factor on the estate, at the request of his
own neighbours. They desired the fishing in the sheltered
voe to be preserved, as it always had been, for 'hand line'
fishing by the old men of the township for food, and
objected to its being ruined by crews fishing for the
market, whose boats were able to go out to the regular
fishing banks. Moreover, it appears that the prohibition was
only the enforcement of the old 'County Acts' of Shetland,
chapter 33 of which enacts ' That none fish with haddock
lines within voes from Belton (Whitsunday) to Martinmas, or
as long as they can draw haddocks on hand lines, under the
like pair; of ten pounds Scots.' Again, many complaints were
directed against the system of monopoly of trade and fishing
which formerly existed, an example of which we may give from
the report in the Shetland
News of
the evidence of Gilbert Stout, an old man of about seventy,
examined at Yidlin on the estate of Luuna.
'He had brought ashore 17½ tons of ling in
one season, and he could have had 7s. per cwt. paid down
every voyage when he came ashore with the fish, but when he
came to settle at Martinmas Mr. Robertson's (the tacksman of
the store and fishing station) offer to him was 5s. That was
when they were bound to fish for Mr. Robertson. When they
went to sea they were from one to three nights off, in a
boat 18 or 19 feet keel, and sometimes 40 miles off. They
had no food but a little meal and water, and when they came
on shore they would be so bad that they would have to help
each other out of the boat. They could not take so much fish
out of the boat as could save life.'
The Chairman.
' Do you mean to say that when you came ashore from the
fishing exhausted, having had nothing to eat but meal and
water, you were not allowed to take a few fish?'
Witness. 'No I
was not allowed to go out of the boat for fear of my
warning.'
No questions were asked of the witness, but
the Mr. Robertson referred to on hearing of the accusations
made against him, lodged with the Commission an affidavit in
which he states: 'The deponent never paid a lower price for
his fish than others. He always paid the "currency" that was
fixed at the end of each season. In conformity therewith the
deponent invariably paid his fishermen the same 'prices as
were paid by the leading curers in Shetland.' It further
appears that at no time were fishermen prohibited from
taking fish for food for themselves and their families, and
Stout himself afterwards explained that by the expression '
So much fish as could save life' he meant so much as would
buy some whisky or gin to revive themselves—a very different
thing. Again, Alexander Lawrenson complained that he had
been oppressed to pay up a debt of £22 due by his deceased
father.
'There was £6 allowed by the Shipwrecked
Mariners Society, and he (Mr. Robertson) got that too. He
was agent here and took it. He would not allow my mother a
single penny. She asked for a pound to buy meal with, and he
would not give it. He offered her a shilling when she went
out, and she would not take it. We never thought of making
any complaint. She was a widow and I was a young boy at the
time, and what could we do?'
On the following clay
this witness was recalled and confronted with
Mr. Robertson's ledger,
which showed £1 actually paid
out of the fund to
the widow. Being
pressed to
explain how he
came to make such
an erroneous statement his only
explanation was
'He could say nothing but what his
mother said, and it had
slipped by
her mind.' From
these and similar instances
it is clear that
the oppression of which the
Crofters complained
was grossly exaggerated, but allowing for
this, there is no doubt that in
many cases they
were ruled
with a severity
not to be tolerated in
the South. As we have
said, all this is now a thing of
the past, having
fallen with the
fall of the power of eviction. No
proprietor can now enforce
any regulations save such as
the Crofters' Act or the Common Law allows.
Let us see what will be the result of the
changed conditions. First and most important, perhaps, is
the removal of the monopoly of trade, constantly held up to
the Crofter as an immense boon conferred by the Act. The
very idea of a landlord-created Store from which, under pain
of eviction, all goods must be bought, and to which all
produce for sale must be taken, is repugnant to Southern
ideas of freedom, but much is to be said in its favour as
suited to the peculiar circumstances of Shetland. Take the
case of the Store at Yidlin, of which the complaints before
quoted were made. Prior to its erection the Crofters in the
district were from twenty to thirty miles from a market at
Lerwick without regular means of communication, and for
their supplies were dependent on a Store at Voe, some five
miles distant from Yidlin, and twelve miles from the
furthest point of the Yidlin district. For the good of the
neighbourhood the proprietor erected, at a cost of several
hundred pounds, a commodious place of business, and arranged
for a substantial tenant, who could afford to keep proper
supplies, and would encourage fishing industry by purchasing
and curing fish on the spot. Such an undertaking could only
be successful if it drew to itself the whole trade of the
district, and so a monopoly in its favour was created by the
simple means of threatening those dealing elsewhere with
eviction. This power of eviction having
been abolished, as a consequence small shops are being
opened in crofters' houses all over the district, and
travelling vans with groceries are seen throughout the
country ; while the fishermen carry their catches to any
dealer who appears in the district promising (but as they
have already found out to their cost, in at least one
instance, only promising) higher prices than the 'currency,'
that is, the average price struck by the principal dealers
at the end of the season. In the meantime this competition
benefits the crofters and damages the store; but a different
story will be heard should a poor harvest be followed by a
severe winter. Then, as formerly, the crofter will repair to
the store for goods on the credit of his cow to be sold next
summer, or the- fish to be delivered in the spring, only to
find credit refused; because the merchant has no security as
he formerly had, that the cow or the fish will not go into
other hands than his, and he has no desire again to see what
has been too often seen already, customers deep in his books
for winter supplies on credit crowding round a travelling
van or into a crofter's shop with their ready cash. Few of
the crofters in outlying districts can get through the
winter without credit, and it will be a bad day for them if
the stores held by substantial men are closed owing to the
competition of small traders, who in prosperous times may
tempt them with apparently, and for the time probably in
reality, better value, but who will certainly disappear
whenever the pinch of an adverse season is felt. The
commissioners, somewhat out with their province, have set
their faces steadily against these monopolies and have
encouraged the crofters everywhere to break them down and
establish free competition, but competition by half a dozen
traders in a district with resources only for one is a
process with a too certain conclusion, and the crofters may
find the privilege of being free to deal where they please
only too dearly purchased in the result. Meantime (a matter
of no concern to the Commission) the store tenants cannot
out of their diminished business pay then' rents, and the
proprietors are deprived of a reasonable return upon their
capital expended for the good of the crofters, while in no
case have the Commission imposed a shop-rent upon a trading
crofter.
The second consequence to be noticed is the
abolition of the proprietors power to regulate the use of
the scattald or take measures to prevent its deterioration
and destruction by excessive stocking. As has been already
stated, the crofter's right of pasture, at the passing of
the Act was an indefinite one and not much interfered with,
but still the proprietor had the control by means of his
power of evicting, or raising the rent of the offending
tenant. The circumstances of each tenant and the benefit got
by him from the scattald were known to the proprietor or his
factor and considered in fixing the rent, so that, although
discrepancies undoubtedly did exist, the rough result was
reached that the tenant with a large croft and paying a
large rent had more sheep and consequently a larger share of
scattald than his neighbour of the small croft and the small
rent. As the Act had destroyed this power, certain of the
proprietors applied to the Commission to have the tenants'
scattald rights defined so that it might be known what
exactly was the ' holding' including scattald for which a
fair rent had been fixed by them, and urged this as
imperatively necessary, because otherwise the proprietor
could have no check upon an over-pasturing tenant. This
application the Commissioners refused, and in their decision
they ' Declare that in fixing the fair rents, due regard was
had to the amount of stock which the scattald could probably
cany, and that the right of each tenant was apportioned in
equal shares.' What that 'equal share ' for which rent is
being paid may be, depends entirely upon the quantity of
stock the pasture can properly carry, a point upon which
probably no two men would agree; and if a proprietor attempt
to limit a tenant's stock on the ground that he is exceeding
his proper share, the tenant may retort that that is a
matter of opinion ; he thinks he is not exceeding it, and
his opinion is as good as the proprietor's. In this state of
matters it is difficult to see what legal remedy the
proprietor can have short of a formal action in Court
against all his crofters, to have it declared what is the
extent of each crofter's right in the scattald, for which a
fair rent has been fixed by the Commission ; in other words,
to have it judicially declared what number the Commissioners
had, or ought to have had in their minds in fixing the rent;
certainly as peculiar an action in Court as one could well
imagine. Some number they must have had in view in making
their valuation, and why they should have declined to make
this number known is not very apparent. It is understood
that the Commissioners so acted because they were of opinion
that the terms of the Act precluded their interfering with
the crofters' rights of pasture as they found them. But that
is exactly what they have done. As we have pointed out, the
seafaring man, with almost no stock, had his rent fixed upon
that basis by the proprietor. Now, whether he wish it or no,
the Commission say he has an ' equal share' in the scattald
with his neighbours, and presumably they have in the fair
rent made him pay for this increased pasturage, which he
will never use and cannot sub-let. So that, as matter of
fact, they have completely dislocated existing arrangements
without giving any compensating advantage, such as would
have resulted from their fixing the number of stock which
each crofter should be entitled to keep. Neglect of the
pasture is certain to follow ; the landlord has neither
interest nor power to interfere, and confusion worse
confounded is all that may be looked for in present
circumstances. The larger tenants will crowd out the
smaller, and pasture and stock will deteriorate; until, by a
severe winter, Nature herself will 'regulate' the number of
stock in a manner disastrous to its owners.
The fact is, and every day is shewing it more
clearly, that the Act has been framed without anything like
clue consideration of what its effects would be, and without
even knowledge on the part of its framers of the
circumstances and economy of the districts which were to
come within its scope. Conclusive proof of this is found in
the third consequence to be noticed. The Act assumes that
the houses and out-buildings upon the crofts have been put
there by the tenants ; and imposes upon them the duty of
maintenance and up-keep under penalty of eviction. Such a
condition is natural and proper enough to the ordinary croft
in the Highlands of Scotland, where the proprietor has
simply given off a patch of land, and left the tenant, with
the assistance of his neighbours, to put up dwelling-house,
outbuildings, and dykes, all of the meanest description,
and, in fact, to ' make the place,' such as it is. But it is
entirely unsuitable to many districts in Shetland, where the
custom has been for the proprietor to contribute more or
less to the erection and repair of the dwelling-houses. Thus
it was proved, again and again, before the Commission, that
the proprietor had paid for skilled mason work, and provided
couples and boarding for the roofs, and lime for the walls,
while the crofter had given merely his unskilled labour, in
carrying stones and cutting and preparing the turfs or
'pones' placed on the roof under the thatch. The most
striking case, however, was the estate of Lunna, where
within the last forty years, almost every house had been
entirely rebuilt at the expense of the proprietor, and
rebuilt in an improved style, with proper rooms, windows and
fire-places; every scattald had been divided from adjacent
properties by authority of the Court, and had been enclosed
to its own townships by miles of expensive wire fencing;
while many of the townships themselves had been completely
fenced in. Upon these and other improvements it was shown
that a sum of over £12,000 had been expended, besides an
average annual sum of £130 upon current repairs. In fact, it
is not too much to say that many of the crofters there are
better housed than small Lowland farmers. By the Act, all
this is stopped. On the one hand the rents have been reduced
some twenty-six per cent., depriving the proprietor of any
fund for repairs, and on the other hand, the burden of
maintenance is laid on the tenant. Let any proprietor who
takes an interest in his property think what that means. No
doubt the Act is stringent in its penalties for dilapidation
of buildings, but it is idle to suppose that crofter
tenants, under any pressure whatever, will keep up the
buildings in their present condition, and the inevitable
result will be that the proprietor must stand idly by and
see his property, as he has already seen his rents, revert
to the condition of 40 years ago; the scattald again open to
trespassers from all quarters, the house gables composed of
loose stones and turf,—a tragic result, surely, of Liberal
legislation.
The fourth consequencc to be noticed is that
a limit
has been put to the creation of small farms. Hitherto it has
been a common practice as opportunity offered to throw three
or four crofts into one, and enclose off to them a
proportion of the general Scattald to be occupied by some
industrious Crofter as a small farm at a rent varying from
£10 to £40. These graduated farms formed stepping stones to
greater things, and the present position of many a large
farmer now paying rent in hundreds of pounds is owing to
their existence. They offered to every Crofter the chance of
bettering his condition, and the prospect of obtaining a
farm formed an inducement to industry and good cultivation.
Now, however, no enclosing hand can be laid upon the
scattald which belongs to the Crofters in perpetuity, and
the Act has stopped the creation of these very holdings for
which outcry is being made.
One other indirect consequence may be
noticed, the maintenance of order and good relationship in a
district. Under the old system disputes of all kinds were
brought to the proprietor or his factor for settlement, and
decided by him in an informal manner. If a man proved
himself a bad neighbour and created disturbance or
annoyance, a notice from the factor was sufficient to
restore peace, and even matters of criminal law, such as
assaults or petty thefts, were commonly judged by him
without the intervention of the law—a species of
jurisdiction favourably regarded by the communities as being
the remains of the old Norse system of ' Rancelmen' or local
keepers of the peace. Here again his power is gone. He may
reprimand the culprit as he please; without the power to
evict it is a mere brutum
fidmen, and
now his only answer to complaints is of necessity ' the Law
is open let them implead one another.' What that means in a
district forty miles from the seat of justice, communicated
with by foot roads and open boats, cannot be understood by
one living in a land of railways. Many a grievance is
endured from inability to obtain redress, and the peace of
many a district has been destroyed simply because there is
now no authority available to which the well disposed
majority may appeal against perhaps one mischief maker. On
the other hand the number of cases of petty assault and
mischief, arising from disputes among neighbours, tried in
the Sheriff Court has visibly increased, and the cost of
sending officers of Court to outlying districts, and of
bringing the culprits and witnesses long journeys to the
county town, swells the rates and increases the burdens of
the unfortunate landlords.
What then are the nett results of the Act and
its administration. As direct and intended results, the
crofter has received two distinct benefits (first) reduction
of rent, and (second) security of tenure, which enables him
to resist the regulations of his landlord formerly enforced
by eviction. As indirect results, (first) by the prevention
of monopoly the proprietors are discouraged from the
expenditure of capital in developing the resources of
outlying districts by the establishment of stores, fishing
stations, or the like: (second) they are deprived of all
control of their property so far as consisting of scattalds,
and the crofters are left to dispute among themselves how
the stock on each scattald is to be regulated ; (third) the
burden of building and maintaining dwelling houses, etc.,
has been thrown exclusively on the crofters; and (fourth)
the settlement of all local disputes has been taken from the
proprietor and left to the decision of the Courts of Law. We
are safe to say that were a poll of the whole crofters taken
upon the last three matters a conclusive majority would be
given in favour of their former position; and as to the
first, we have
little doubt that a few years' experience of open
competition will convince them that though they may have
suffered grievances under the old system of monopoly these
were as nothing to the hardships under the new. Already they
are beginning to express their dissatisfaction, and at a
meeting of crofters recently held at North Roe, the
following resolution was passed: ' That the present Crofters
Act is unsuitable to the islands as evidenced by the
decisions arrived at by the Commission ; and, that a
petition be drawn up and signed by the crofters and
presented to our member of Parliament requesting him to use
his influence to have the present Act amended, and therein
show reasons why and how the Act is unsuitable for the
islands.' On the landlord's side again all is to his
disadvantage, and the result, it is to be feared, will be,
that he will consider himself absolved from the duties If land-ownership
and regard himself more as a creditor having a fixed charge
upon the land. A proprietor cannot be expected to take an
interest in the condition of an estate, the control of which
has been to such an extent taken out of his hands ; nor can
blame be attached to one who declines longer to live in a
district with tenants who openly defy him, who laugh at his
well-intended regulations, and whom he cannot interfere with
in the slightest degree. It is not to be wondered at if some
landlords, exasperated at their treatment by the
legislature, carry out their intention already declared of
ceasing to trouble themselves with property which is no
longer really theirs, further than to insist upon regular
payment of the fixed rent, and of refusing to expend one
penny upon management or improvements. Better counsels,
however, it is to be hoped, will prevail, and if the
crofters, having in open court 'cleansed their stuffed
bosoms of that perilous stuff' of old grievances and
oppressions, resume their former friendly relations with the
proprietors, and set themselves steadily to work to make the
most of the crofts now practically their own, in time
matters will again settle down.
Meantime, the present dislocation of
everything should give pause to eager land reformers, who
see no difficulty in 'nationalising' by a short Act of
Parliament the whole land in the kingdom. Let them carefully
consider the far-reaching results of this comparatively
simple Act of Parliament, intended merely to confer fair
rents and fixity of tenure, the disturbance it has created
in the economic and other relations of the districts
affected, and the uncertainty as to the legal rights and
obligations of the different parties, and then seriously
calculate what, in the same proportion, would be the
"effects of a general alteration of the land laws. A system
which is the gradual development and embodiment of the
habits and customs of centuries of patient and honest life
and work, must have its roots deep down in the social fabric
of the nation, and only with the utmost diffidence and
caution should amending hands be laid upon it, even under
pressure of grave and apparently absolute necessity.
W. Kinniburgh Morton.
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