leaving the Society to carry out the duty imposed upon it on its own responsibility, subject of course to the necessity on the part of the Companies, like any other Corporations, of obtaining a license to hold lands in mortmain.

The lands other than Londonderry City, Coleraine, the lands attached to each, the fishings, the reserved and excepted woods, and the Castle of Culmore (which were not considered proper for division), were laid out and allotted to the Companies. A Royal License in Mortmain was granted, bearing date the 30th September, 1616, the preamble of which recites that the King was credibly informed

That divers Companies, Corporations and Fraternities of and within our City of London in our realm of England in testimony of their true obedience towards us and towards the advancing of our earnest desires in the furthering of that worthy work of Plantation begun by the Mayor and Commonalty and Citizens of our City of London in the City of Derry and town of Coleraine in our realm of Ireland, and other lands there, have disbursed, expended, and bestowed divers great sums of money for and towards the building, fortifying, planting, strengthening, bettering, and improving the aforesaid City of Derry and town of Coleraine and some part of other the aforesaid lands and the said Companies and Fraternities being willing to proceed in the said work of Plantation do intend so far forth as to them shall seem convenient to be at further charges for the planting, bettering, and improving of other lands and tenements in and by certain our letters Patent hereinafter mentioned, granted or intended to be granted to the Society of Governor and Assistants London of the new Plantation in Ulster in the realm of Ireland.

And for their better, more orderly, and speedier proceeding therein are desirous to have such parts of the said lands as they severally and respectively intend to build on and plant to be to them severally conveyed by the aforesaid Society which by reason that the same Companies, Corporations and Fraternities are not enabled to take and hold the same lands and tenements in Mortmain without our special license, could not be performed by the said Society and yet such have been the desires of our said

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subjects the said Corporations and Fraternities as we are informed to further and promote our zeal towards the same work that notwithstanding they have not any conveyance or assurance of lands from the said Society they have already, with great alacrity and readiness, begun to build on a great part of the said lands and have likewise disbursed divers great sums of money for and towards the same.

And the license goes on "And to the end that they "severally may be the better encouraged and enabled to pro'ceed, perfect, and finish the same intended Plantation and "in future times reap some gain and benefit of their great "travails and expenses taken and bestowed therein." And the license then proceeds in the usual way.

This license in Mortmain was followed by grants to the Companies severally in fee farm, reserving rent; and also reserving to the grantors rights of timber, fisheries, minerals, etc. That to the Mercers is dated 17th October, 1618.

The title of the several Companies was thus perfect and complete; and no light is thrown upon the legal questions involved in the case-or, at least, very little light-by what occurred subsequently. The Charter of James was illegally revoked and declared void by the Star Chamber, which also imposed a fine of £70,000 upon the City and the Irish Society. This was done at a time when the King was governing without a Parliament and when constitutional remedies were largely superseded. King Charles, however, seems afterwards to have been of a more conciliatory temper towards the City; and he made a speech in London giving hopes that he had reconsidered his course of action in this respect. The Long Parliament, summoned in 1640, seemed to afford the prospect of obtaining relief; and the Irish Society petitioned the House of Commons against the Star Chamber proceedings, setting forth its grievances, which were gladly taken up by the House. In 1641 a series of resolu

tions was passed declaring the Star Chamber proceedings illegal and negativing in detail all the allegations and pretences on which they were founded. In ordinary course this might have led to prompt and complete redress; but the great civil war in England, and the rebellion of 1641 raging in the North of Ireland, intervened, and nothing was done till 1656, when Cromwell, as Lord Protector, granted a new Charter setting up the Charter of James and restoring the Irish Society and the Companies (who had been put out of possession, under the scire facias which followed the Star Chamber decree, but restored after the resolution of the House of Commons in 1641) to their former estates. All the proceedings are clearly recited in this document; but nothing in it seems to me to throw light upon the question before me, save, perhaps, the recital :—

Whereas the said Society did give and grant unto the 12 Chief Companies of London, who had borne and were to undergo the greatest part of the charge of the said Plantation, sundry great quantities, parcells and proportion of the said lands

according to their respective disbursements; and did retain in their own hands such things as were not properly dividable for the defraying of the general works of the Plantation. New conveyances were made by the Irish Society to the Companies under this Patent.

After the Restoration, when everything done by the Protector under the Commonwealth was looked upon as legally void, or only so far valid as an act of the reigning sovereign, the Charter of Cromwell was of course treated as a nullity; and a new Charter was granted by Charles II. in 1662, in substantial, and in great part literal, conformity with that of James, and of course ignoring Cromwell's Patent. It is under this document that the Irish Society and the Companies now hold; for the Star Chamber judg

ment and the proceedings consequent thereon were never legally annulled.

It recites James's patent and also the expenditure incurred by the Companies

And for that, it doth manifestly appear to us that the said Society of the New Plantation and other Companies of our City of London have expended very great sums of money in building and planting of the said county of Londonderry and Coleraine. To the intent thereof that the said Society of the New Plantation, or some other such Society by these our Letters Patent to be created and made, and the said Companies of our City of London, and their respective assigns and under tenants may, according to their former several rights and interests therein, be restored to all and singular the said county, cities, towns

and so forth,

so vested in them by force and virtue of the said Letters Patent, and the said several grants by the said Society of the New Plantation, and other companies respectively, theretofore made, as fully and beneficially, to all intents and purposes, as they might have had and enjoyed the same, if no repeal of the said letters patent had ever been had or made.

I do not lay any stress on the word "beneficially,” for even if they were trustees the grant be made to them " as "fully and beneficially" as before.

It is to be observed too that this Patent omits the clause in the Patent of James as to the conveyance of Church and Glebe lands.

The inference from this omission would be that the directions of King James in this respect had been long since complied with.

In a clause at the end of the Charter (not in the former one) occurs the statement that the Companies had “pur"chased" part of the premises comprised in James' Patent. The clause runs thus:

And we of our further special grace, certain knowledge and mere motion, for us, our heirs, and successors, do pardon, remise,

and

release and for ever quit claim to the Mayor, and commonalty, citizens of our City of London, and to all and singular companies and bodies politic of the same City, which heretofore purchased any part of the premises in these our Letters Patent mentioned or granted or heretofore granted by the said Letters Patent of our said grandfather.

The word "purchase " occurs in several of the documents nearly contemporaneous with this; and I think it plain that it bears its ordinary meaning and is equivalent to buying for a price, and does not mean what in some contracts it would legally mean-acquiring otherwise than by descent.

The whole question in the case, so far as concerns the Companies who are defendants, is whether from the transactions I have mentioned, and the other connected matters with which I have not dealt in detail, the inference is to be deduced that they hold (or held) their land subject to any, and if so what, trust.

That no trust is expressed on the face of any of the Charters or transactions is admitted if it be not to be found in the recital with which James' Patent commences. The construction, however, which would lead to the conclusion that the fee simple of the whole county of Londonderry is bound by a trust for promoting Protestantism and proselytising Roman Catholics, is not one of which the language used is reasonably capable; and I confess I should be sorry to be driven to hold that this view is correct.

The relator's counsel, however, contend that the Irish Society have admitted that they have always been trustees for the public purposes of the plantation, an admission which has been adopted and sanctioned by the House of Lords. Why not the Companies also? And this constitutes the main argument and chief reliance of their case. The Companies, they contend, were only the instruments through which the policy of the plantation was carried out. The