derstood that the powers and estates granted to the Irish Society were given for the public purposes of the plantation, and, so far as was consistent with those purposes, for the benefit of the city of London; and independently of the public or general benefits, which might accrue from the encouragement or increase of trade with Ireland, and the employment of persons who might be disposed to emigrate thither, and the better government and rule of the city and county of Londonderry, it was intended and understood, that the companies of London were, with the burthen of undertaking the plantation of such lands as might be allotted to them, to receive such benefits as were offered to, and might be realised by other undertakers, on the conditions proposed by the original book for plantation, accompanied by such additional advantages and protection, as were intended to be secured by the power and interest of the city of London, and by the constitution of the Irish Society, and the powers conferred upon it. The companies of London are in no way mentioned in the charter, nor does the Crown appear to have noticed them, at the time in any way; but the previous appointment of the Society, committees or company, by the court of common council, and the previous proposals and offers made by the Society to the companies, as well as the events which soon followed the date of the charter, appear to me to shew, that the companies were intended to profit in the way that I have mentioned; and it would further appear, that not the eighteen companies only who are mentioned in the order of the 28th February, 1610-11, but all the other companies had consented to become undertakers. The charter expressly states, that the Society was to have power to make ordinances, on the part and behalf of Ss 4 the 1838. The SKINNERS' Company บ. The IRISH Society. 1838. The SKINNERS' Company v. The IRISH the city of London, and it does not seem that the Society did, under the charter, arrogate any independ ent authority. So early as April, 1613, additional funds were wanting, and it became necessary to consider how the division of lands among the companies was to be effected; by an order of common council dated the 30th day of that month, an additional levy of 10,000. was ordered, and it was enacted, that every several company of the city should have its several share and proportion of the lands, according to the monies by them disbursed; respecting the goodness or badness thereof, the same lands to lie all entirely together, and not dispersedly in several places, and that the same lands should be proportioned, according to the goodness or badness thereof; with respect to that where the land was bad, an allowance should be made in the quantity, to make it equal in value to that which was better, so that no prejudice, or as little as might be, might happen to any company in the allotting of the said lands, which were afterwards intended to be divided by lots. On communication of the King's pleasure by the Recorder and Governor of the Society, it was, on the 24th of June, 1613, ordered, that as well certain walls and fortifications, as also certain houses in Derry, should be raised, made, and builded up together, and in such manner and form, as the committees appointed for the said plantation should think fit and direct in that behalf. By a further order of common council, made on the same day, after reciting that "in so noble a work so taken to heart by the King, and wherein this city, upon the hopeful success thereof, had already expended and were like further to expend great sums of money, it was generally thought fit, (as a matter much importuning the advancement of the said work, as as well for the general satisfaction of the several companies of the city who had undertaken the same, as also for accommodating such other affairs and circumstances, as from time to time thereafter should be offered to the further consideration of that court), that some great and worthy magistrate of the city, accompanied by some commoner of special countenance and credit, should be sent into those parts, on the behalf of the city, to take exact notice, view, and account of the whole work of plantation, and of every circumstance and thing appertaining thereunto." Mr. Alderman Smithies and Mr. Matthias Springham were accordingly appointed to go into Ireland, and in the meantime to confer with the Governor, deputy governor, and assistants of the Irish Society for their better instruction, and to inform themselves of the things necessary to be remembered; and authority was given to them, by the court of common council, "to take an exact notice, view, and account of the plantation, and of all works and other things whatsoever done, and to be done, and of all disbursements and accounts concerning the same, as also to judge, control, place, displace, disprove, redress, reform, correct, and direct, (so far as to them should seem reasonable), all persons employed for the city's use, disbursements, and service in and about the plantation, and generally to do and execute every further act which to them might be thought meet, for the better ordering and governing the plantation, and the affairs concerning the same, to the intent, that upon their return and relation of their proceedings, the court of common council might grow to such final resolution touching, the plantation, as should be thought fit and most convenient," and that the charges of the negotiation should be defrayed by the Irish Society, out of the general stock of the plantation. 1828. The SKINNERS' Company v. The IRISH This order is remarkable, as shewing the great power, which, after the charter, the city of London exercised, and contemplated the future exercise of, over the plantation and the affairs thereof, as well as the importance which was, at that time, attached to the satisfaction which should be given to the companies. No doubt seems to have been entertained, that the Society, whatever its own powers might be, would act according to the suggestions and views of the city, and that the city, whatever other objects they had to promote, were bound, in duty or in policy, to satisfy the companies. As the necessary expense was not yet defrayed, as the power of the city over the companies afforded the only means of raising the money, and as public and general objects were to be attained, it does not appear difficult to account for the conduct of the several parties. Very full instructions appear to have been given to the commissioners, and on the 8th of November, 1613, Mr. Alderman Smithies delivered the report of himself and Mr. Springham, dated the 15th of October, 1613, to the court of common council; and the report, after stating several abuses and negligences which had occurred, and the proceedings of the commissioners in respect thereof, and stating their opinions, that if it should stand with the liking of the city, some convenient wall of brick or stone might thereafter be made about the castle of Culmore, proceeded as follows: "Whereas it was generally desired, that a division should be made of all the lands by and amongst the several companies undertaking in this plantation, we have, with great travail, first viewed the lands, and carefully inquired after the true value of every balliboe, and thereupon, with great care and pains, and with the assistance and advice of the gentlemen of the country, the city's agents, and surveyors, proceeded to make an equal division of the land land into twelve parts, wherein we have used our best skill and diligence, and have done the same as equally as possibly we could devise, the form of which division we have here brought you, together with the plot of the same. But for the city of Londonderry and the 4000 acres there, and the town of Coleraine and the 3000 acres appointed to the same, the ferries, and the fishings, we are of opinion that a division cannot be fitly made of them, but the rents and profits of them may be divided, and go amongst the several companies; and we advise that upon the division, it be provided, that where a proportion of land shall want timber to build with, the company to whose share it may fall may have sufficient timber out of the woods next adjoining, and fitting for that use, to be assigned to them by the city's agents." This report was approved and allowed by the common council. That part of it which related to the division of lands was almost immediately acted upon. That part which states the opinion of the commissioners, that the rents and profits of the town lands, ferries, and fishings, might be divided and go amongst the several companies, has naturally been much dwelt upon on behalf of the Plaintiffs: what notice may have been taken of it at the time does not now appear, but, in connection with it, we must bear in mind, not only that it is in perfect accordance with the precept of the last day of January, 1610-11, but also that very considerable and expensive public works were still in progress; that the city was then conceived to have power to levy, compulsorily, all such monies as should be required, and that some income, of not inconsiderable amount, was at that time derived, or about to be derived from the property not then to be divided. At a time when it was thought that money could be levied by taxation 1838. The SKINNERS' Company v. The IRISH Society. |