He based his demand upon the fall in prices which prevented tenants from paying judicial rents. By this Bill it was proposed that the Land Court should have power to abate rents fixed prior to 1885 if it were proved that the tenants could not pay the whole amount, and would pay one half and arrears, and further, if these amounts were paid evictions and proceedings for the recovery of rent should be suspended, and, lastly, the Bill aimed at the inclusion of leaseholders under the Act of 1881.
It was roundly denounced by the landlords.[5] Lord Hartington declared that were it to pass it would have the effect of stopping the payment of rent all over Ireland, and Sir Michael Hicks Beach spoke of it as “one which, though purporting to be a mere instalment of justice to the poor Irish tenant, is an act of gross injustice and confiscation to the landlords of Ireland.” The Bill was thrown out by a majority of ninety-five, and the Plan of Campaign on the part of tenants against the payment of impossible rents was the result.
A Royal Commission, under the chairmanship of Lord Cowper, was appointed to inquire into the administration of the Land Laws. The Commission reported in January, 1887, and bore out the grounds on which Parnell had based his Bill of the previous year. It felt “constrained to recommend an earlier revision of judicial rents on account of the straitened circumstances of Irish farmers.” It recommended that the term of judicial rents should be lowered from fifteen years to five, that those rents already fixed should be revised, and that leaseholders should be brought under the Act of 1881. In reference to the Bill of the year before Lord Salisbury had said that the revision of judicial rents would not be honest and would be exceedingly inexpedient.[6] The Bill, which is known as Lord Cadogan’s, which was introduced on the last day of March, 1887, and which purported to carry out the recommendations of the Cowper Commission, opened the Land Court to leaseholders, setting aside in this way the more solemn forms of agrarian contract. As regards authorising the reduction of judicial rents on the ground of the fall in prices, it did nothing, and the Prime Minister repeated his opinion that “to do so would be to lay your axe at the root of the fabric of civilised society."[7]
Mr. Balfour, who, in the month of March, had become Chief Secretary, proclaimed with equal force that it would be folly and madness to break these solemn contracts.[8] In the Bill, as at first brought in, the Court had, in fact, power to vary contracts by fixing a composition for outstanding debts and determining the period over which payment should extend. In May the Government accepted the principle that the Court should not only do this (settle the sum due by an applicant for relief for outstanding debt), but also should fix a reasonable rent for the rest of the term. The Ulster tenants insisted on this, but, at the bidding of the landlords, it was subsequently withdrawn, and, finally, in July the Premier summoned his party and, telling them that if the Bill were not altered Ulster would be lost to the Unionist cause, passed into law a Bill sanctioning a general revision of judicial rents for three years, and in this way did the Tories lower rents in breach of a clause in the Act of 1881 that guaranteed rents fixed under its provisions for a term of fifteen years.