the company, it was enacted and agreed, that the company should have authority to hold courts, and in the same to treat and determine of all matters and causes concerning the business that to them, in their discretion, should be thought fit; and also to direct, appoint, and demand what should be done or performed, on behalf of the city, touching the plantation, and to give orders and directions in England into Ireland, for the ordering and disposing of all things concerning the intended plantation, or any thing belonging to the citizens of London undertaking in that part of Ireland, as also for the receiving, ordering, disposing, and disbursing of all sums of money that were or should be collected or gathered for that purpose, and generally, for any other matter incident or belonging to the business and affairs in Ulster. This enactment or order was the practical adoption, by the city of London, of the suggestion made by the commissioners in the preceding month of December. This company as it is called, though it was only a committee of persons appointed by the court of common council, was the Irish Society previously to its incorporation, and may be conveniently distinguished by that name. It proceeded to carry into effect the agreement entered into with the Crown, and the members of the Society were so far recognised by the Crown, that applications were made to them in respect of matters relating to the plantation. Thus, by an order of the common council, dated 7th of June 1610, it appears, that the King's Commissioners for Ireland, desired that 2000 acres of land agreed by the articles to be passed to the city, should be spared and left out of the intended assurance, to the intent that the same might be otherwise disposed of, and that Alderman Cockaine, the governor, had signified that the company [society], of themselves, had 1838. The SKINNERS' Company V. The IRISH 1838. The SKINNERS' Company v. The IRISH had not power to comply with that desire, but that the same was to be done by act of common council, and had promised the commissioners to propound the same to the next court of common council then to be holden; which being done, it was ordered, that the intended assurance from His Majesty should be made for the whole quantity, according to the intent of the article, without omitting the 2000 acres in question. Again in July, 1610, the King's Irish Commissioners made to the company or society four proposals, which were reported to the common council, by whom two of the proposals were acceded to and the other two were rejected, "in regard, it was conceived, the granting and yielding to them would prove to be very prejudicial to the city;' upon a subsequent day, one of the rejected proposals was yielded. On the 14th of January, 1610-11, an order made by the court of common council affords the first formal intimation, as to the mode in which the companies of the city were to be concerned or interested in the intended plantation. After authorising the Society to let the fishings for seven years, for such fine or rent as they should think fit and convenient, for the most benefit and profit of the city, it was ordered, that precepts should forthwith be sent to every several company of the city, "to require them to assemble themselves together, and to advise amongst themselves, whether they would consent and agree to take and accept of lands, in lieu of the monies already by them disbursed or to be disbursed towards the said plantation, and so to build and plant the same, at their own cost and charges accordingly, as by the printed book of the plantation was required; or else, whether they would refer the letting of the lands there, and the managing of the whole business there, unto the said Governor and assistants of the Society Society for the time being; and that every company be required, by the same precept, to deliver their answer in writing on Saturday then next in the forenoon, at the Guildhall, unto the said Governor and assistants, whether of the two said offers they will embrace; to the intent that the said Governor and assistants, upon the answer of the several companies of the city, may make perfect relation to the next court of common council there to be holden, which was appointed to be on Monday next, touching the resolution of the several companies of the said city, to. the intent that such further course might then be taken therein as should be thought fit." In the precept which was issued in pursuance of this order, and which bears date the last day of January, 1610– 11, it was recited, that the King had granted unto the city of London the city of Derry and town of Coleraine, with 7000 acres of common land thereunto adjoining, and fishings, and divers other immunities, privileges, and franchises, paying four marks per annum, and that the city had undertaken to dispend in building of houses and fortifications, and for freeing of foreign titles the sum of 20,000%, and that also His Majesty had further granted to the city, divers other lands in the county of Coleraine, and other undertaken lands to build thereupon, which building was to be performed in such manner as was expressed in the printed book then extant, yet with this addition, that they were to have and enjoy the same lands after the Irish measure, being far better than other ordinary undertakers had; and then the precept proceeds as follows: “And forasmuch as the Governors and committees for the plantation in Ireland are now instantly to take care for the letting and disposing of the lands in the county of Coleraine, and other lands so undertaken, to be used and managed for the benefit of 1838. The SKINNERS' Company บ. The IRISH 1838. The Company v. The IRISH of this city, which would otherwise prove a great hindrance and loss, especially for that the time of the year SKINNERS' is now most convenient for the plantation to proceed, yet it is thought fit, that the offer of those lands be first made to the several companies of this city, who have and are to disburse the same, and bear the charges of buildings before mentioned: these are therefore to charge and command you, that yourselves, together with the assistants of such other of your company as you shall think fitting, do forthwith assemble together, and advise, whether you will accept of a proportion of the same lands, according to the quantity of your disbursements, to be by you undertaken and managed, according to the printed book for plantation, or that you will refer the letting and disposing thereof to the Governor and committees. And that you certify to the Governor and committees, in writing under your hands, at the Guildhall, on or before the 7th day of February next coming, what shall be your full determination therein, to the end the business may the sooner be effected, wherein you are to take advertisement, that your companies are to pay and bear their proportion of the charge of the building, fortifications, and freeing of the titles, whether they accept of the said offer of the lands or no; and also, that notwithstanding the acceptance of the lands, you shall likewise still be partakers of all benefits of fishing, with the profits of the towns and other immunities whatsoever." In consequence of these proceedings, eight of the principal, and ten of the inferior companies signified their consents to accept of the lands, to plant upon the same according to the printed book of plantation, and the other companies signified their denial; whereupon it was, on the 28th of February, 1610-11, ordered, that the companies who consented should have lands allotted to to them, and provision was made for the event of the other companies within a fortnight, and upon further consideration, altering their minds, and consenting to accept of lands in lieu of the monies disbursed and to be disbursed by them towards the plantation in Ireland. From these documents, it appears to have been understood, that the companies of the city had not previously undertaken the plantation, but that the plantation, being undertaken by the city, was, in default of other means, to be carried into execution by the society, or committee appointed by the city, but that it was thought desirable, that the undertaking should be, at least in part, performed by the incorporated companies; and that the city, having entered into the undertaking, having, by their power, levied the means of carrying it on, and being actually engaged in carrying it on, by their Governor and committee or company, offered to each of the incorporated companies an option, either to undertake the plantation of a portion of the lands according to the printed book for plantation, or to refer the letting and disposing thereof to the Governor and committees. It was an offer, (which, by some of the companies, was at this time accepted,) to give or allot lands, in lieu of the monies disbursed and to be disbursed towards the plantation, and the companies were informed, that whether they accepted the land or not, they were to pay and bear their proportions of the charges of buildings, fortifications, and freeing titles, and that, notwithstanding their acceptance of the lands, they should be partakers of all benefits of fishings, with the profits of the towns and other immunities whatso ever. After these proceedings, the undertaking continued to be carried on by the company or society, under the conVOL. VII. trol S s 1838. The SKINNERS' Company v. The IRISH Society. |