1838. The SKINNERS' COMPANY v. The IRISH HIS case, which was formerly before the upon an interlocutory application (6), now THIS on for hearing. Feb. 9, 10. 12, .13, 14, 15, 16, (a) This case was affirmed by the House of Lords on the 8th of August 1845, and is now re ported in consequence of its notwithstand ing the latter (b) 1 Myl. & Cr. 162. were, after providing for the public objects, entitled to the surplus revenues of the estates vested in the former. After some negotiation, an agreement was entered into between King James I. and the city of London, for the grant by the former to the latter of a large tract of land in Ireland, to be colonized by English. It was stipulated that 20,000l. should be advanced to be expended in the undertaking, that certain houses should be built, &c. The city compulsorily levied the amount upon the city companies. In 1613 King James granted a charter creating a corporation (the Irish Society), the members of which were to be appointed by the city, for the management of the plantation, to whom the land was thereby granted, but no trusts were declared. The principal part of the lands were afterwards divided in severalty between the companies, but the town lands, fishings, &c. were retained by the Irish Society, who, after applying a considerable portion towards public purposes, such as building churches, schools, &c., divided the residue amongst the companies. The Irish Society having annually divided a considerable sum amongst its members and made large expenditures in tavern expences, and in other modes which were objected to, a bill was filed by one of the companies against the Society, the city of London, and the Attorney-General, to correct the alleged abuses; but it was held, that the powers granted to the Society and the trusts reposed in them were, in part, of a general and public nature, independent of the private benefit of the companies: that the companies, though interested in any surplus which might remain after the general purposes were answered, were not entitled to control the exercise of the powers given for general and public purposes, and that the court had not jurisdiction, upon the application of the companies, to determine upon the propriety of the expenditure made, though the discretion might be controlled elsewhere and in another manner. The bill was dismissed with costs. Allegations and admissions, used for the purpose of defence against attempted extortion, under the form of legal proceedings, or for the purpose of obtaining justice irregularly when regularly it could not be had, ought not to be used as evidence of the rights of the parties. Held, consequently, that allegations and admissions, made in the course of arbitrary proceedings against parties in the Star Chamber, and in a treaty for compromise which arose out of the sentence, and in the proceedings which took place before the House of Commons in an attempt to obtain relief from the oppression of that court, could not in any way influence the judgment of this court. 1838. The SKINNERS' Company บ. The IRISH Society. The bill was filed against the Irish Society (a corporate body), against forty of the Trading Companies of the city of London, and the Attorney-General, seeking a declaration, that the Plaintiffs and the other city companies were entitled to the Irish property in dispute: that the Irish Society were trustees for them and for an account, &c. The outline of this case (a more complete statement of which will be found in the judgment of the Master of the Rolls (a)) is as follows: : In the year 1608, the principal part of the province of Ulster, in Ireland, had, by the attainder of the Roman Catholics involved in the recent rebellion, become forfeited and vested in the Crown. King James I., being desirous of colonizing it with his Protestant subjects, proposed to grant out the land to persons willing to undertake the work of colonization, upon terms contained in a printed "collection of orders and conditions " published by his authority. This document first stated the object the King had in view as follows:- That His Majesty "not respecting his own profit, but the public peace and welfare" of Ireland, by the civil plantation of those unreformed and waste countries, was pleased to distribute the escheated lands to such of his subjects as should seek the same, "with a mind not only to benefit themselves, but to do service to the Crown and Commonwealth." It then provided that the undertakers were to build fortresses, keep and furnish arms and men for the defence of the settlement, erect houses, form townships, take the oath of supremacy, plant a competent number of English and Scottish tenants; and it also provided for the foundation of market towns and corpor (a) Post, p. 602. ations ations for the habitation and settling of tradesmen and artificers, and for free schools, parishes, churches, &c. &c. Commissioners were appointed by the Crown, and on the 21st of July 1609, instructions given to them as to the mode in which the objects of the Crown were to be effected. The King, being desirous of engaging the citizens of London in this work, and to induce them to become undertakers of the colonization of a large tract of the escheated lands, caused to be prepared a document, setting forth the "motives and reasons" to induce the city to engage therein. It specified the "fittest places for the city of London to plant," and which the King proposed to grant, the land, sea and river, "commodities" which it produced, and "the profits which London should receive by this plantation," by the advancement of trade, the employment of its superabundant population, &c. "to the great service of the King, the strength of his realm, and the advancement of several trades and benefit of particular persons." This proposal seemed to have undergone much consideration on the part of the city of London. (a) A committee was appointed for investigating the matter, who by a report, dated the 15th of December 1609, recommended, first, that 15,000l. should be expended, to be raised by way of companies of the city "by the poll according to the rate of corn set upon every company" (b); secondly, they specified the territory (c), and privileges to be demanded, and the position in which the (a) Throughout this case the distinction between the Corporation of the city of London and the several corporate Companies must be carefully borne in mind. (b) That is, according to an assessment called the corn rate, (c) About 25,000 acres in 1838. The SKINNERS' Company v. The IRISH the cities of Derry and Coleraine were to be built; thirdly, the things to be performed by the undertakers; and, fourthly, with respect to the management, they recommended the constitution of a company in London by whose advice and direction all things concerning the plantation and undertaking were to be managed. This report, forming the basis of a proposal, being communicated to the privy council, was, with some variations, accepted. By articles of agreement, dated the 28th of January 1609-10, made between the privy council on behalf of the King on the one part, and "the committees appointed by act of common council on behalf of the mayor and commonalty of the city of London on the other," "it was agreed by the city that the sum of 20,000%. should be levied: " it provided for the building by the City of the cities of Derry and Coleraine, and maintaining the castle of Culmore, and specified the lands and privileges to be granted, and on what terms and conditions. This agreement was confirmed by the City by act of common council of the 30th of January 1609, which enacted, "that for the better ordering, directing, and effecting of all things touching and concerning the said plantation, and the business thereunto belonging, there should be a Company constituted" within the city, consisting of a governor, deputy, and twenty-four assistants, who were empowered to determine "what should be done or performed on behalf of this city touching or concerning the said plantation," &c. &c. Possession of the lands was shortly after given, and the corporation, who then exercised a right of compulsorily taxing the companies, directed the 20,000%. to be raised by the several companies, according to the assessment; other large sums were subsequently raised in like manner and for the same purpose. 1610, it was proposed by the City that the companies should take a proportion of the lands in lieu of the In money money disbursed by them, to be planted at their own costs, and they were informed that, whether they accepted the offer or not, they would be liable for the charges of the buildings, fortifications, and also "that, notwithstanding the acceptance of the lands, they should likewise be partakers of all benefits of fishings, with the profits of towns and other immunities. This was generally acceded to by the companies, and subsequently the commissioners appointed by the City, made their report, dated 15th of October 1813, stating that they had divided the lands, but that a division of the towns and town lands, ferries, and fisheries could not be fitly made, but that the rents and profits of them might be divided and go amongst the several companies." The report was approved and a division directed. On the 29th of March 1613, King James I. granted his charter, whereby he incorporated the Irish Society, and he granted to it the lands undertaken, but no specific trust was thereby declared. The Irish Society were thereby empowered to determine all matters concerning the plantation, &c. (a), and the members were to be appointed and removable by the City. In 1615, King James I. granted to the companies licences to hold in mortmain; and in 1617, the Irish Society, in pursuance of the prior agreement, conveyed to the several companies their allotment of the lands, to be held by them in severalty. The Irish Society reserved the town lands, ferries, fisheries, and timber, the rents of which formed the subject of this suit. After the death of James I., some questions arose respecting the validity of the charter; arbitrary proceedings were adopted by King Charles I. in the Star Chamber, against the city of London, the Irish Society, and the companies, 1838. The SKINNERS' Company v. The IRISH Society. (a) Sec post, p. 619. |