"564. Do you pay your rent to young Mr. Bruce?-Yes."
"565. And does he give you a receipt for it in his own name?-We settle once a year with him for our fishing, and for the store goods we have got, and rent and everything together."
"566. Do you get an account for the whole?-He generally gives us a copy of our account. Sometimes, perhaps, he does not do so; but he will give it if we ask for it ...."
"568. Is that all you have got to say on the subject of your complaint?-No; I have something more. Of course, as we are bound to fish for Mr. Bruce, a man, unless he has money of his own, is shut up to deal at Mr. Bruce"s shop. His credit is gone at every other place, and that binds us to take our goods from his store; and generally the goods there are sold at the highest value."
In the case of the Sumburgh tenants, who are above two hundred in number, there was a period of freedom, following a general increase of rent; but about 1862 the son of the landlord began business as a fish-merchant, and as a preparation for that obtained a lease of the southern portion of his father"s estate.
Intimation of the trick was made to the tenants; and it appears to have been intimated at the same time that the tenants must deliver their fish to young Mr. Bruce, the tacksman. Some of the tenants were required to sign an obligation so to deliver their fish. The merchants who had previously had stores on Mr, Bruce"s property were removed.
[L. Mail, 625; G. Williamson, 4961; H. Gilbertson, 4575; J.
Harper, 4507; G. Leslie, 4612; R. Halcrow, 4646, 4656; L. Smith 4720; A. Tulloch, 468; T. Aitken, 4803-4835; L. Mail, 639]
QUENDALE.
On the neighbouring estate of Quendale, where about fifty fishermen are employed, a similar statement was made to the tenants when the present proprietor became a fish-merchant. A change upon the previous system is said to have been then made; but one witness, who has lived on the property for at least fifty years, says that during all that period he never had freedom. The proprietor says that his tenants have sat upon the ground subject to that condition for three generations, since it was purchased by his family in 1765. James Flawes, the first witness examined as to this place, says:- [Page 7 rpt.]
"4913. Is your obligation a written one, or is it part of a verbal lease of your land?-When young Mr. Grierson got the fishing, he read out a statement to his tenantry at large, in the schoolroom at Quendale."
"4914. How long ago was that?-Twelve years ago.That statement which he read gave the tenantry to understand that he was to become their fish-merchant, or the man they were to deliver their fish to; and that they were all bound to give him every tail of their fish from end to end of the season, as long as they held their land under him. If they did not do that, they knew the consequences: they would be turned out."
"4915. Was that all stated to you in the schoolroom on that occasion?-Yes; it was all read off by Mr. Grierson himself."
"4916. Were you present?-Yes."
"4917. Did he state that you would be paid for your fish according to the current price at the time of settlement?-Yes; that was stated also at that time."
[James Flawes, 4911; G. Goudie, 5034; C. Eunson, 5056; L.
Leslie, 5077; J. Burgess, 5099; H. Leslie, 5131; cf. C. Eunson, 5060, L. Leslie, 5087.]
LUNNA.
On Lunna estate, about the same time, Mr. Bell, then sheriff-subst.i.tute of the county, handed over the estate and fishing to Mr. John Robertson, sen., a merchant in Lerwick, as tacksman, the tenants being told, at a meeting at Lunna House, that they must in future fish for Mr. Robertson if they went to fish at Skerries, the princ.i.p.al fishing station in that part of the country.
[James Hay, 5425, L. Simpson, 13,833; John Robertson, sen., 14,075; John Johnston, 9224; L. Robertson, 13,934; Robert Simpson, 13,983; A. Anderson; 9277; J. Henderson, 5512.]
WHALSAY.
The men in Whalsay are not under Messrs. Hay & Co. as tacksmen, but they are bound to deliver their fish to them.
Particulars were given by Mr. Irvine,. who is a partner of Hay & Co., and factor for the proprietor. No complaints came from this island. It may be remarked that the farms in it are more productive than in some other parts of Shetland, and that it is but lately that the people were emanc.i.p.ated from a very primitive kind of tenure, already described.
[W. Irvine, 3623, and see above, W. Stewart, 8978. See above, Page 4, rpt.]
BURRA ISLANDS.
As soon as I arrived at Lerwick, a complaint was laid before me in writing by the inhabitants of the Burra Islands, part of the trust-estate of the family of Scott of Scalloway. These islands are leased to Messrs. Hay & Co. for a tack duty nearly equal to the gross rental paid to them by the sub-tenants. The tack duty is paid by Messrs. Hay & Co. half-yearly, while they receive their sub-rents at the annual settlement. The chief inducement to Messrs. Hay to hold the lease of the island is that they may obtain the fish of the inhabitants, who are bold and successful fishermen, and are more favourably situated for the haaf fishing than any other people in Shetland.
[W. Irvine, 3623.]
The complaint made by the men of Burra was simply that they were not at liberty to cure their own fish and sell them in the highest market. Fourteen years ago the late Mr. William Hay told them that they must sell to him, and eight years ago a similar intimation was made on the part of the present firm, who wished the men to sign an obligation to deliver all their fish to them. The following is the statement of Walter Williamson, who was the chief spokesman of the Burra men who came to Lerwick:-
"790. Why do you not do it ( cure and sell your own fish)?- Because we would be ejected from the place if we were not to deliver our fish to them.""791. What is your reason for supposing that?-Because we have been told so."
"792. Was it on the occasion you have mentioned, eight years ago, that you were told so?-It was."
"793. Have you been told since that you would be ejected if you did not deliver your fish to Messrs. Hay & Co.?-I have never since asked anything about it, so that I had no reason to be told so."
"794. Has any person been ejected for selling fish to other merchants than Hay & Co., or for curing his own fish?-I think there have been such cases in Burra. I believe John Leask was ejected for not serving as a fisherman to Messrs. Hay & Co."
"795. How long ago was that?-I think it would be about thirteen years since, or close thereby."
[W. Williamson, 764, 776; P. Smith, 980; T. Christie, 1064; C.
Sinclair, 1109; G. Goodlad, 1208.]
Liberty money was exacted by Messrs. Hay from some of the Burra men some years ago, a payment of 20s., in respect of a tenant or his sons having failed to deliver fish to the lessee.[Peter Smith, 1012.] But in some cases, at least, it appears that this money was repaid. Messrs. Hay & Co. explain that-
"Some years ago, after a time of bad crops and bad fishings, when we had to give them large quant.i.ties of meal for their support, and many of them were unable to pay rents, the islands were indebted the best part of 1000. We made an attempt at that time to get the young men to fish to us and a.s.sist their parents, and I think in two cases we imposed fines of 20s.; but it had a contrary effect to what we intended, and, so far as I remember, the money was given back."
And Mr. Irvine says in his examination, "The object of the fine was to compel the sons to a.s.sist the fathers." The written obligation itself has not been recovered, and neither Mr. Irvine, of Hay & Co., nor other witnesses, have a very clear recollection of its contents. I am inclined to believe, however, although Mr.
Irvine appears to have a different impression, that the obligation it sought to impose was wide enough in its terms to include the Faroe fishing, in which Messrs. Hay & Co. are engaged very extensively. There is some evidence that constraint or compulsion, or rather influence, such as a landlord can exercise over his tenants, has been used in Burra and elsewhere, in order to get [Page 8 rpt.] Faroe fishing-smacks well manned. But so far as Burra is concerned, that influence seems not to have been applied in late years, and it is not general elsewhere.
[W. Irvine, 3623, 3754 sqq.; Peter Smith, 1041; C. Sinclair, 1135, 1143; W. Irvine, 3920, W. Williamson, 923; Peter Smith, 1012, 1057; C. Sinclair, 1118; J.L. Pole, 9370.]
GOSSABURGH.
The tenants on the estate of Gossaburgh, in South Yell and Northmaven, about 120 in number, are also bound to deliver their fish, both in summer and winter, to Messrs. Hay & Co., as tacksmen of the property, if they engage in the ling fishing. In the Northmaven portion of the estate (North Roe), thirty-three out of fifty-six tenants actually fished for the tacksmen last year; three fished by sufferance to other curers, two were at Faroe, and two or three were sailing south; others were employed by the lessees as curers and tradesmen, and probably a few were unfit for fishing.
The average rent paid by the tenants on this part of the estate is 3, 3s. It seems that the profit of Messrs. Hay & Co. on their tack consists, as it does in the case of Burra, almost entirely in the power it gives them over the fishermen tenants.
[J. Pottinger, 13,540; W. Robertson, 13, 628; W. Irvine, 3818; D.
Greig, 7116-7131; W. Irvine, 3623, 3624, 3811; Andrew Ratter, 7404 sqq.]
BURRAVOE.
The tenants on the estate of Burravoe, in the south of Yell, belonging to Mr. Henderson, are bound to fish to their landlord.
Both Mr. Henderson and his son were unable to attend the sitting at Mid Yell, in consequence of the state of their health; but I saw Mr. George Henderson at his place of business, examined his books, and obtained a full return from him. Mr. Henderson had thirty men fishing for him last year, but these were not all tenants of his own. On this estate, as on some others, it appears to be the rule, subject perhaps to exceptions, that a tenant who cannot or does not fish must quit his farm, or pay a higher rent.
[R. Smith, 9121, 9123 sqq.; D. More, 9639.]
SKERRIES
The tenants on the Out Skerries, north-east of Whalsay, forming six boats" crews, are obliged to fish to Mr. Adie, who holds a tack of the islands from Mr. Bruce of Simbister. Mr. Adie says:-
"5767. Is the rent which you pay for Skerries calculated so as to allow you a profit upon the rents of the sub-tenants?-No; I pay 110 of tack duty, and the gross rental from the tenants is only 68. I virtually pay the difference just for the station that is, station rent for the store and premises which are put up there."
"5768. Is it not also for the privilege of having these fishermen to fish for you?-I believe I could make more of these lands if I had them as grazing ground, without any fishermen there at all. There is only one of the Skerries I hold now; one of them has been sold to the Lighthouse Commissioners."
"5769. If you could make more of the island as grazing ground, why don"t you turn it into that?-If I were to do so, what could I make of the men? There are fourteen families, and if I turned them adrift it would be a fearful thing."
"5770. Is it difficult for men to get land in Shetland?-It is very difficult now; there are so many requiring it, that almost every place is taken up. I have boats that go from the mainland to fish at the Skerries with the natives."
"5771. Then it is useful as a station for them?-Yes."
[T. Hutchison, 12,622; P. Henderson, 12,734; D. Anderson, 12,774; A. Humphray, 12,802.]
YELL, ETC.
The tenants on certain scattered properties in Yell. and the Mainland belonging to Mr. Pole, held in tack by him, or for which he is factor, are bound, if he requires them, to fish to the firm of Pole, Hoseason, & Co.; and this obligation extends to the Faroe fishing also.
[W. Pole, 5936; J.L. Pole, 9369.]