Crofters Holdings (Scotland) Act 1886 facts for kids
| Act of Parliament | |
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| Long title | An Act to amend the Law relating to the Tenure of Land by Crofters in the Highlands and Islands of Scotland, and for other purposes relating thereto |
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| Citation | 49 & 50 Vict. c. 29 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 25 June 1886 |
| Other legislation | |
| Relates to | |
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Status: Amended
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The Crofters Holdings (Scotland) Act 1886 (also known as Scottish Gaelic: Achd na Croitearachd 1886) was an important law passed by the Parliament of the United Kingdom. It changed the rules for people called crofters in the Highlands and Islands of Scotland.
This Act officially defined what a "crofting parish" and a "crofter" were. It gave crofters the right to stay on their land, which was a huge change. It also created the first Crofters Commission. This was a special court that helped solve problems between landlords and crofters. It also decided which areas counted as crofting parishes. This law was a big step in ending the Highland Clearances, a time when many crofters were forced off their land.
The Act came about because crofters fought hard for their rights. They organized protests, especially on the Isle of Skye. They also supported the Crofters Party, which managed to get five members elected to Parliament in 1885. Crofters protested by refusing to pay rent (called "rent strikes") and by taking over land that landlords used for hunting or sheep (called "land raids").
Even after the Act was passed, some protests continued. The Act wasn't perfect, especially when it came to helping crofters get more land. However, it made it easier for the government to use soldiers to stop protests, as the crofters now had some legal rights.
According to a historian named John Lorne Campbell, this Act was like the "Magna Carta" for the Highlands and Islands. It gave small farmers there something important: the right to stay on their land and to be paid for any improvements they made if they left. While the Act didn't stop large landowners from owning huge amounts of land, it was a big win for crofters at the time. Even by the year 2000, most of Scotland's land was still owned by a very small number of people.
Why the Act Was Needed
Before 1886, crofters had no legal rights to the land they farmed. Landlords could kick them off their land whenever they wanted. This led to a period known as the Highland Clearances, where many families were forced to leave their homes.
The fight for land rights in Scotland began in 1874 with a legal case called the Bernera Riot. Crofters wanted their old rights back, like those they had under the clan system long ago. In the past, clan chiefs were expected to protect their people and ensure they had land. But over time, these chiefs became landlords who cared more about making money.
The idea of fighting for land rights spread from Ireland to Scotland, partly through fishermen. Crofters believed the land was rightfully theirs. They started "rent strikes" and "land raids." These were protests where crofters refused to pay rent or took over land that landlords had turned into sheep farms or hunting areas. The situation became very tense, and landlords even hired warships to protect themselves. Sometimes, there were riots and uprisings.
In 1884, a new law allowed more men to vote, including many Highland crofters. This gave them more political power.
To push for legal changes, the Comunn Gàidhealach Ath-Leasachadh an Fhearainn (which means 'Highland Land Law Reform Association') was formed in London in 1885. The Crofters' Party was also created and managed to elect five Members of Parliament in 1885. Their famous slogan was Is Treasa Tuath na Tighearna, meaning 'The people are stronger than the lord'.
The government worried that the "Home Rule" movement (a movement for self-governance) from Ireland might spread to the Gàidhealtachd (Gaelic-speaking areas of Scotland). So, the Napier Commission was set up. They traveled around the Gàidhealtachd, talked to crofters, and studied their situation. Their report was published in 1884. William Ewart Gladstone, who was Prime Minister, tried to pass a law to give crofters more rights, but it failed in 1885. However, when Gladstone returned to power in January 1886, the Crofters Holdings Act was finally passed on June 25, 1886.
What the Act Did
For the first time in Scottish history, the Crofting Act of 1886 gave crofters legal rights to their land. It also recognized crofting villages as official places.
The Act focused on several key points:
- It gave crofters security of tenure. This meant they could stay on their croft (their small farm) as long as they worked the land and paid their rent.
- Crofters gained the right to pass their croft down to their children or other family members.
- They also had the right to be paid for improvements they made to the land, like building fences or improving drainage, if they ever left.
- The Act set up a standard for fair rent.
- The first Crofters' Commission was created.
- Crofters could ask the Crofters' Commission to review their rent if they thought it was too high.
The Act named eight counties in Scotland where parishes could be recognized as crofting parishes. These were Argyll, Caithness, Cromarty, Inverness, Orkney, Ross, Shetland, and Sutherland. In these counties, a crofting parish was an area where tenants rented land year-to-year, paid less than £30 a year in rent, and had shared grazing rights since 1806.
The Crofters' Commission was also in charge of setting "fair rent" and checking rents every seven years. If crofters felt their rent was too high, they could go to the commission. Often, the commission lowered rents or even cancelled them if crofters had already paid too much. The Commission could also make changes to the Act and even grant more land to crofters to make their small crofts bigger.
Results of the Act
People had different opinions about the Act. Some crofters felt it didn't go far enough. They wanted an automatic right to more fertile land to expand their small crofts. Also, the Act didn't help "cotters," who were poor farmers who had never owned land. However, over time, crofters saw that the Commission was willing to protect their rights, especially regarding rent. The main problem was that the Commission didn't have enough money or enough land to give to all the crofters who needed it. The Act didn't fully solve the biggest complaint: that the land should be returned to the crofters. It didn't resolve situations where both landlords and crofters wanted the same piece of land.
On the other hand, landlords were very unhappy. They worried about "communism looming" and The Scotsman newspaper called the Act a "great infringement on the rights of private property."
The Act didn't completely stop the land protests. Some government officials believed the Act gave them the right to use force to restore "law and order." Because of this, warships were sent to the Isle of Skye and Tiree to deal with protests.
In the years after the Act, the Comunn Gàidhealach Ath-Leasachadh an Fhearainn (which later became Dionnasg an Fhearainn, or "the Land League") and the Crofters' Party lost some of their political power. They couldn't agree on how to deal with land issues or how closely to follow the "Home Rule" movement in Ireland.
The idea of crofters owning their land came up again in the Crofting Act 1976. This Act gave crofters the legal right to buy their land for 15 years' worth of rent. However, by owning their land, crofters lost access to certain farming grants. The Land Reform (Scotland) Act 2003 later gave community groups the right to buy land, even if landowners didn't want to sell, to help with local development. The Crofting Reform (Scotland) Act 2010 made things fairer between tenants and landowners, especially regarding grants and responsibilities. It also clarified that tenants or owners must live within 32 kilometers (about 20 miles) of their croft. Crofts that are not being used can now be given to new tenants.
Looking back, some historians believe the 1886 Act created an old-fashioned system for crofters, different from Ireland where crofters could buy their land. The Act didn't fully help crofting communities grow or truly reflect their political and social beliefs. However, others argue that the Act paved the way for future land reforms in Scotland, even if it only affected the Gàidhealtachd. The "land question" is still a topic of discussion today, as a small number of landowners still own a large part of Scotland.
Images for kids
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Peighinn Choinnich, a crofting village near Ùig on the Isle of Skye
See also
