1838. The SKINNERS' บ. The IRISH Society. trol of the city: the money mentioned was levied, increased taxation, and additional levies became necessary, and were made. On the credit of them, the city advanced monies to the Society, which were afterwards repaid, and the power, which the city exercised, of commitment, was frequently acted upon to compel payment of the assessments. It is to be observed, that by an order of common council, dated the 10th of July, 1610-11, by which an additional taxation of 10,000l., and a present levy of 5000l. was ordered, the precept which was then ordered was to require every several company to assemble and advise among themselves, and, thereupon, certify to the Governor and committee of the plantation, whether they would willingly yield to the supply of 10,000l., or would be content to lose all the money they had already disbursed, and pass over their right therein to such as would undertake the payment for them, and to free and discharge them of all other payments thereafter touching the plantation. It is apparent, that at this time, the companies were understood to have an interest in the sums they had been compelled to pay, and the court of common council was probably understood to have power to declare a forfeiture. During the time to which I have hitherto referred, no charter had been granted, but the city had proceeded, on the faith that an assurance of the land would be made to them. The lands are, in the precept of the last day of January, 1610-11, mentioned as having been granted, though in fact they were not so, and on the 8th of January 1612-13 it was ordered, that Mr. William Cockayne, the first governor of the company, should be and continue governor, until the assurance from the King unto the city concerning the plantation should be obtained and finished. The charter of James was obtained soon after the date of this order. It is dated the 29th day of March, 1613, and after reciting the King's intention, and that the mayor, commonalty, and citizens of London had laudably undertaken a considerable part of the plantation in Ulster, and were making progress therein, proceeds to consolidate the city and town of Derry, and all the territories and hereditaments thereby granted, into one county to be called the county of Londonderry; to declare that the city of Derry should be called Londonderry, to define the extent of the city of Londonderry and town of Coleraine, to incorporate the citizens of Londonderry and to declare, that they should have a mayor, aldermen, sheriffs and chamberlain. The mayor, commonalty, and citizens were empowered to make laws and ordinances, so that such laws and ordinances were certified by the city of Londonderry, under their common seal, to the Society of the Governor and assistants, London, of the new plantation in Ulster after mentioned, within four months after the making of such laws and ordinances, to the intent that the same Society might ratify and confirm such laws and ordinances, within six months after the delivery of the certificate, or else, within the same time, to declare the same to be improper. The laws and ordinances were to be valid when confirmed by the Society; but if declared improper, were to be wholly void. The charter then appointed the first mayor and aldermen, sheriffs, chamberlain, and chief burgesses, and then proceeded to constitute the Irish Society, "for the better ordering, directing, and governing all Ss 2 and 1838. The SKINNERS' Company v. The IRISH 1838. The SKINNERS' v. The IRISH and all manner of things, for and concerning the citizens and city of Londonderry, and the county of Londonderry, and the plantation to be made within the same city and county, and other businesses belonging to the same." After incorporating the Society, giving them power to purchase, receive, and possess lands, directing the constitution and mode of election, and naming the first members, the charter granted that the members, or any nine of them, whereof the governor or his deputy was to be one, should have full power of assembling and holding a court, and in the same court and meeting "to do, hear, transact, and determine all and all manner of matters and things whatsoever of, for, or concerning the plantation or government aforesaid." And also to direct, constitute, and ordain, (for and on the part of the city of London in England), all "things which for or concerning the plantation, supply, or establishment, constitution, and government of the city of Londonderry, and of all other the lands and tenements thereafter granted, should seem to be most profitable and expedient." And also to send orders and directions from England to Ireland" for the ordering, directing, and disposing of all and all manner of matters and things whatsoever of or concerning the same plantation, or the disposition or government thereof, and also for the receipt, ordering, and laying out of all sums of money now collected and received, or hereafter to be collected and received, and generally any other cause, matter, or thing whatsoever concerning the direction or ordering the plantation aforesaid, or concerning any other things whatsoever, which, by the true intent of the charter, could or ought to be done by them, for the better government and rule of the city and county of Londonderry.” The charter, after giving power to elect officers, and to make ordinances for the government of Londonderry for for ten years, and making many other regulations respecting Londonderry, grants to the Irish Society and their successors the several ports, towns, and lands which are described at great length, and all fealty and services &c., hereditaments, and appurtenances, to be held as amply as the King had the same, with certain exceptions specified; to hold the premises, to the only proper use and behoof of the said Society of the Governor and assistants, and their successors for ever, to hold the city of Londonderry, and the 4000 acres, next adjoining upon the Derry side, and the town of Coleraine, and the 3000 acres to the same adjoining, of the King, in free burgage, as of the castle of Dublin, and to hold the rest of the premises of the King, as of his castle of Dublin, by fealty only, in free and common socage, rendering the rents therein mentioned. The Society covenanted to convey certain. lands to the Bishop and Dean of Derry within a year, to keep and maintain for ever the fort of Culmore, to convey certain glebe lands within a year. Provision was then made that the timber growing on the lands of Glankonkeine and Killetragh should for ever after be converted towards the plantation, and the building of houses and edifices to be made as therein mentioned, and to be spent towards other necessary uses for the kingdom of Ireland, in the same kingdom, and not for any other cause to be merchandised or sold. The customs were then granted to the Society for 99 years for a rent of 13s. 4d.: the office of Admiral was granted for ever, on the coast or shores of Tyrconnel, Coleraine, and county of Londonderry, and to these were added various other important powers and privileges. It is to be observed, that by an order of the 30th January, 1610-11, the Irish committee, or company, as it was called, was made to consist of the Governor, deputy Ss 3 1838. The SKINNERS' Company V. The IRISH Society. 1838. The v. The IRISH deputy governor, and twenty-four assistants. By an order of the 31st May, 1611, eleven assistants were SKINNERS' added, and by the last appointment previous to the Company charter, which was made by the court of common council on the 8th January, 1612-13, the company consisted of the governor, deputy governor, and thirty-three assistants. The charter reduced the assistants to the original number of twenty-four, but the Governor, the deputy governor, and the twenty-four assistants named in the charter, were the same Governor, deputy governor, and twenty-four of the thirty-three assistants chosen by the city in January, 1612-13. From this statement, it is apparent, that the Irish Society originated with the city, and that the powers conferred upon it by the charter, though by no means identical with, were suggested by, the powers given to it by the order of the 30th January, 1610, and it may reasonably be inferred, that it was, at the request of the city, that the constitution of the Society, and the powers to be conferred upon it, were considered and granted by the Crown. But this makes no difference in the effect of the constitution, or in the inferences to be deduced from the powers granted to the Society by the charter, and it is, I think, impossible to read and consider the charter, without coming to the conclusion, that the powers granted to the Society were more extensive than, and very different from, any which in the ordinary course of affairs are vested, or would, upon this occasion, have been invested, in mere private trustees for the benefit of particular undertakers. The powers, indeed, are many of them of a public and political nature, and considering the charter in connection with the contemporaneous circumstances, I think it must have been un derstood |