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ultimately prove successful, and which had the effect of converting that part of Ireland from the most barbarous and turbulent into the most quiet and civilized; and, I think I may say, the most prosperous. It commenced in the early part of the reign of King James the First, by certain printed proposals, which were circulated under the authority of the Privy Council, and under the advice of the Earl of Salisbury. Those printed proposals were addressed to the public generally—to the public of England and of Scotland, and to the Protestants of Ireland ; and the object was to hold out to them inducements to take grants of the land in the northern counties of Ireland : and your lordships are aware, that the greater part of the land in the northern counties is held by individuals who have held under these grants of the Crown. I am not speaking now of the City grants, which are confined to one county. It may become necessary to call your attention now to the form of these proposals, because it is upon the history of those transactions, upon what took place between the King and the City of London, respecting the Companies of London
Sir C. WeTHERELL.--Now is the time that I must call your lordships' attention, as soon as the name of the City of London is brought in.
Sir W. FOLLETT.-The mere history of these transactions which took place between the Crown, and the City of London, who represented the Companies of London, and the mode in which the Irish Society was formed, and the purposes of its formation, would alone satisfy your lordships, if we were without any other evidence, that the Irish Society held this property simply as trustees for the Companies. I do not mean to say that we are without other evidence ; but it is to the history of the origin of the grant of this land that I pray your lordships' most particular attention. The printed proposals were, in effect, these :—The object was to induce persons to settle in Ireland. They were to receive grants of land at small feefarm rents. Upon those lands they were within a certain time limited, by the proposals, to build, according to the extent of the land, houses or castles, or whatever might be sufficient to resist the encroachments of the natives in that part of Ireland,
Having so done, the parties were to hold their lands subject to those quit-rents. And they have so held them, and are as such their property, and, I believe, never were supposed to be clothed with any trust for any purpose whatever. They were given to them expressly subject to the rent, and subject to the conditions in the printed' proposals, which were to be performed within a certain specified time.
Now the printed proposals were, in effect, the following ; and I should state that I am now reading from a book to which I shall have occasion to refer more than once--a book printed by the authority of the Irish Society; and as far as the documents go, it is borne out by the documents. The title of the book is, “ Concise View of the Origin and Proceedings of the Irish Society, compiled principally from their Records, in 1822.” It is admitted by them in their answer.
These written proposals are thus intituled: "A Collection of such Orders and Conditions as are to be observed by the Undertakers upon the Distribution and Plantation of the escheated Lands in Ulster.” Then it goes on : “Whereas the greatest part of six counties in the province of Ulster, within the realm of Ireland, named Armagh, Tyrone, Coleraine, Donegal, Fermanagh, and Cavan, being escheated and come to the Crown, hath lately been surveyed, and the survey thereof transmitted and presented unto his Majesty, upon view whereof his Majesty, of his princely bounty, not respecting his own profit, but the public peace and welfare of that kingdom by the civil plantation of those unreformed and waste countries, is graciously pleased to distribute the said lands to such of his subjects, as well of Great Britain as of Ireland, as being of merit and ability, shall seek the same with a mind not only to benefit themselves, but to do service to the Crown and commonwealth; and for as much as many persons, being ignorant of the conditions whereupon his Majesty is pleased to grant the said lands."
Then he sets out the conditions: he first of all describes the proportions: they are to be divided into three ; the smallest is to consist of 1,000 English acres at the least; the next, of 1,500 English acres; and the next of 2,000 English
Then the persons, the undertakers of the several proportions, shall be of three sorts, “ English and Scotch, as well servitors as others, who are to plant their portions with English or inland Scottish inhabitants. There was one condition, that they were to have no Irish upon their estates; but either English, or English and Scotch. Then, secondly, "Servitors in the kingdom of Ireland, who may take mere Irish, English, or inland Scottish tenants, at their choice.” Then, thirdly, “ Natives of Ireland, who are to be made freeholders.” Then, after having stated this, came the articles applying to each of the three descriptions. There are, first, the articles concerning the English and Scotch undertakers, who are to plant their portions with English and Scotch tenants. “ First, his Majesty is pleased to grant estates in fee-farm to them and their heirs. Second, they shall yearly yield unto his Majesty, for every proportion of 1,000 acres, 51. 6s. 8d. English, and so rateably for the greater proportions, which is after the rate of 6s. 8d. for every 60 English acres. But none of the said undertakers shall pay anyrent until the expiration of the first two years.” Then is stated the mode in which they are to hold them, which I apprehend not to be important.
Then comes this,-a condition imposed upon them,-Every undertaker of the greatest proportion, which was 2,000 acres, shall, within two years after the date of the letters patent(it is important your lordships should observe that every condition imposed had a data affixed to it) - that they “shall, within two years after the date of his letters patent, build ! thereupon a castle, with a strong court or bawn about it; and every undertaker of the second or middle proportion, of 1,500 acres, shall, within the same time, build a stone or brick house thereupon, with a strong court or bawn about it; and every undertaker of the least proportion, of 1,000 acres, shall, within the same time, make thereupon a strong court, or bawn at least. And all the said undertakers shall draw their tenants to build houses for themselves and families, near the principal castle house or bawn, for their mutual defence and strength; and they shall have sufficient timber, by the assignment of such officers as the Lord Deputy and Council of Ireland shall
appoint.” Then, sixth, — “Every of the said undertakers, English or Scottish, before the ensealing of his letters patent, shall take the oath of supremacy." One great object was, that Protestants should be planted in that part of Ireland. That " the undertakers, their heirs and assigns, shall not alien or demise their portions, or any part thereof, to the mere Irish, or to such persons as will not take the oath which the said undertakers are bound to take by the former article ; and to that end a proviso shall be inserted in their letters patent.” Then,—"Every undertaker shall, within two years after the date of his letters patent, plant or place a competent number of English or inland Scottish tenants upon his proportion, in such manner as by the Commissioners to be appointed for the establishment of this plantation shall be prescribed. Every of the said undertakers, for the space of five years next after the date of his letters patent, shall be resident in person himself upon his portion or place: some such other person thereupon, as shall be allowed by the State of England or Ireland, who shall be likewise resident there during the said five years, unless by reason of sickness or other important cause, he be licensed by the Lord Deputy and Council of Ireland to absent himself for a time." Then,-" The said undertakers shall not alien their portions during five years next after the date of their letters patent, but in this manner, viz. onethird part in fee-farm, another third part for forty years or under; reserving to themselves the other third part, without alienation, during the said five years : but after the said five years they shall be at liberty to alien to all persons, except the mere Irish and such persons as will not take the oath which the said undertakers are to take as aforesaid.” Then they shall have power to erect manors, “ they shall not demise any part of their lands at will only, but shall make certain estates for years, for life, in tail or in fee simple.” Then there is a proviso, that they are not to have recourse to the Irish exactions upon their tenants, which had been complained of. I believe these are all the articles which are important upon the English and Scotch.
Now, stopping there, nothing can be clearer than the inten
tion of the king. In order to settle or plant a particular part which is supposed to be likely to be beneficial to the kingdom, he makes grants of the lands to certain persons, who held them upon fee-farm of the king, subject to the condition of re-putting them into a certain state: no one would contend that there is any trust in these persons which was to run on. Then came a proviso against cuttings, cosheries, and other Irish exactions. I do not know that I need go through those; they are the same in substance; they are to be effectual for five years. They are to take the oath of supremacy; they shall not alien to any person or persons who will not take the oath. That is the second class.
Now the third class are the Irish natives, who are to be admitted freeholders. They are to have their estates in fee farm; -they are to pay “a yearly rent of 101. 13s. 4d. for every portion of 1,000 acres, and so rateably for the higher proportions, which is after the rate of 13s. 4d. for every sixty acres or thereabouts; and they shall pay no rent for the first year. Their tenures they shall hold as the other undertakers respectively, according to their portions, with the proviso of forfeiture of their estates if they enter into actual rebellion." Then they are “ to inhabit their lands, and build their castles, houses, and bawns, within two years, as the former undertakers ;—they shall make certain estates for years, or for lives, to their under-tenants; and they shall take no Irish exactions. They shall use tillage and husbandry after the manner of the English pale.”—Then come certain general propositions in which the king undertakes to do certain things; amongst other things, to form corporations :-" That in every of the said counties there shall be a convenient number of markettowns and corporations erected for the habitation and settling of tradesmen and artificers; and that there shall be one free school at least appointed in every county for the education of youth in learning and religion ; that there shall be a convenient number of parishes and parish churches, with sufficient incumbents in every county; and that the parishioners shall pay all their tithes in kind," and so on.
Those were the original propositions of the king. They were