iKNvy.t'veAn^trfi^su
berkeleyX
LIBRARY
UNIVERSFTY OF
CAUFORNIA
A BRIEF
HISTORICAL NARRATIVE
ORIGIN AND CONSTITUTION
" THE SOCIETY OF THE GOVERNOR AND ASSISTANTS, LONDON, OF THE
NEW PLANTATION IN ULSTER, WITHIN THE REALM OF IRELAND,"
COMMONLY CALLED
TOGETHER WITH MEMORANDA OF PRINCIPAL OCCURRENCES
FROM 1611 TO 1898.
LONDON :
Compiled and printed solely for the private and exclusive use
of the Members of the Court of Assistants,
PRINTED BY
-WATERLOW AND SONS LIMITED,-
LONDON WALL, LONDON.
LOAN STACK
Sir George Faudel Faudel-Phillips, Bart., G.C.I.E., Alderman.
George Berridge, Esq.
The Right Honourable Sir Charles Hall, K.C.M.G.,
Q.C., M.P., Recorder.
Sir David Evans, K.C.M.G., Aldemian.
Sir Reginald Hanson, Bart., M.P., LL.D., F.S.A.,
Alder^nan.
Samuel Green, Esq., Alderman.
Sir John Knill, Bart., Alderm,an.
Thomas Vezey Strong, Esq., Alderman.
John Lobb, Esq., F.R.G.S.
James Cloudsley, Esq.
James Lewis Dowling, Esq.
Lewis Michael Myers, Esq., Deputy.
William Robert Pryke, Esq.
Captain Robert Gresley Hall, D.L.
Samuel Price, Esq.
Thomas Henry Ellis, Esq.
Thomas Gage Beatley, Esq.
James Banks Pittman, Esq.
Thomas Hastings Miller, Esq.
Alfred Jordan Hollington, Esq.
Daniel Robert Dale, Esq., F.R.I.B.A.
Simon David Coates, Esq.
Andrew William Timbrell, Esq.
Robert William Edwards, Esq.
George Anderson, Esq.
Arthur Byrne Hudson, Esq., F.S.I.
DuRiE Miller, Esq.
298
Digitized by the Internet Archive
in 2008 with funding from
Microsoft Corporation
http://www.archive.org/details/briefhistoricalnOOirisrich
AN
HISTORICAL NARRATIVE, &C.
OF
Prepared for the private and exclusive use of the Members
OF the Society.
In the reign of Queen Elizabeth, two great families,
the O'Neills and O'Dohertys, divided between them the
whole of the province of Ulster, in the north of Ireland,
with the exception of the counties of Down and Antrim.
The O'Neills were represented by Hugh O'Neill, Earl
of Tyrone, and the O'Dohertys by Sir John and Sir
Cahir O'Doherty.* These persons had been in constant
rebellion against the English Crown, but Hugh O'Neill
thought proper to pay a visit to the Court of Queen
Elizabeth and make his submission. On his return to
Ireland, however, this great earl, to show that he was as
independent as ever, displayed his loyalty by once more
* Sir John and his son Sir Cahir were Lords of Inishowen, in the
centre of which stands the hill now called Grianan, upon the summit of
which is still to be seen the remains of an ancient palace. Within the
territorial boundary of Inishowen, was the entire parish of Templemore,
or Derry.
B
"Z HISTORICAL NARRATIVE.
breaking out into open rebellion. This led to a for-
feiture to the Crown of all the estates of the O'Neills
and the O'Dohertys.
To entitle the Crown to possession of the forfeited
lands, it became necessary to inquire before a jury of
twelve men of the county in which the lands were situate,
and to define what had been the possessions of the trai-
tors, and what had been their rights and privileges.
Accordingly a commission was issued by the Crown
in the year 1602, and another in the year 1609. The
commissioners thus appointed were directed to inquire
into the title of the Crown to the several escheated and
forfeited lands in Ulster, and, by virtue of the commis-
sion, inquisitions were duly held in the different counties,
the several escheated lands, rights and privileges and
fisheries were ascertained and defined, and proper re-
turns were made into the Rolls Ofiice
The Earl of Salisbury, Lord High Treasurer to King
James the First, suggested to the King a project for
establishing a Protestant colony on the forfeited estates,
and the King approved the scheme. Certain conditions
were thereupon laid down by the Privy Council for ob-
servance, and these were published under the title,
" Conditions to be observed by the British Undertakers
of the escheated Lands in Ulster."
The publication of these conditions did not induce
the public to take up the matter, so his Majesty, con-
ceiving the City of London to be the ablest body to
undertake so important a work, directed the Earl of
HISTORICAL NARRATIVE. 6
Salisbury to write a letter to Sir Clement Edmonds, the
City Remembrancer, desiring him to acquaint the Lord
Mayor (Humphrey Weld), that the earl desired a con-
ference should be had with him on the subject. Accord-
ingly, on or about the 30th of July, 1609, the Lord Mayor
sent to Sir John JoUes and Sir William Cockaine, who
were well aquainted with Irish affairs, and thereupon a
meeting was appointed to be held at Sir John JoUes's
house, where certain propositions, made by his Majesty
to the City, were considered.
After a few days had elapsed, the Lords of the Privy
Council and the Corporation of the City of London came
to an understanding on the subject ; and the latter ex-
pressed their willingness to undertake the plantation,
provided the representation of its advantage and practi-
cability, which formed the basis of their determination,
should, upon investigation, appear to be correct. Ac-
cordingly, to determine this point, a Court of Common
Council was convened (1st Aug., 1609), when it was
agreed that four wise, grave and discreet citizens should
be immediately sent to view the situation proposed for
the new colony, who should make a report to the Court
on their return from thence, of their proceedings and
opinions. And thereupon John Inroad, Goldsmith,
Robert Treswell, Painter-Stainer, John Rowley, Draper,
and John Munns, Mercer, were appointed as the depu-
tation ; who, being furnished with written instructions,
proceeded on their mission to Ireland. On their return,
they presented a report of their various transactions to
b2
4 HISTORICAL NARRATIVE.
the Court of Common Council, which was openly read.
The Court then appointed various of their members a
Committee for proceeding in their negociations with the
Privy Council ; and prescribed the times and place for
their meetings at G-uildhall. The Committee soon
afterwards made their report to the Common Council of
the several things intended to be demanded from the
Crown, as necessary to the final adjustment of the affairs
in question ; in which report they expressed their opi-
nion, " that a Company should be constituted in London,
of persons to be selected for that purpose, and corpora-
tions to be settled in Derry and Coleraine" : but in all
things concerning the plantation, " the same to be ma-
naged and performed in Ireland by advice and direction
of the Company of London." The report being approved
by the Court of Common Council, it was ordered to be
presented to the Privy Council ; and, after some further
negociation, articles of agreement were at length entered
into ('28th January, 1609), between the Eight Honom^able
the Lords of his Majesty's most honourable Privy Coun-
cil on the King's Majesty's behalf, of the one part, and
the Committees appointed by Act of Common Council
on the behalf of the Mayor and Commonalty of the city
of London, of the other part.
THE HEADS OF AGREEMENT.
" First, It was agreed by the City that the sum of
£20,000 should be levied ; whereof £15,000 was to be
expended on the intended plantation, and £5,000 for
HISTORICAL NARRATIVE. O
the clearing of private men's interests in the things
demanded.
"Second. Also that, at the Derry, two hundred
houses should be built, and room to be lelt for three
hundred more ; and that four thousand acres, lying on
the Derry side, next adjacent to the Derry, should be
laid thereunto, bog and barren mountain to be no part
thereof ; the same to be done by indiflEerent commis-
sioners.
" Third. Also, that the Bishop and Dean of Derry
should have convenient plots of ground for the scite of
their houses at Derry.
" Fourth. Also, that Coleraine* should be situated
and built on the abbey side ; and that one hundred
houses should be built thereon, and room left for two
hundred more ; and that three thousand acres of land
should be laid thereunto, viz., one thousand acres to be
taken on the abbey side, next adjacent to the town :
and that, if it should please the King's Majesty, at his
charges, after some good proceeding in the plantation,
to erect and maintain a bridge in perpetuity for a com-
mon passage over the river, between the town and
county of Coleraine, then it was agreed the other two
thousand acres to be taken on the other side of the river ;
otherwise the whole three thousand acres were agreed to
* Coleraine, ancient Cual-rathaine — pronounced in modem times
Cooleraine — possessed formerly an abbey and a castle, probably that of
De Courcey. It is mentioned by the Four Masters as having been
built in 1197, but it derived its importance under the charter of James.
b HISTORICAL NARRATIVE.
.be taken on the abbey side, next adjacent to the town of
Coleraine.
"Fifth. That the measure and account of land
should be after the balliboes, according to the King's
last survey.
"Sixth. That the rest of the territory and entire
county of Coleraine, estimated at one thousand acres,
more or less, undertaken by the City, be cleared from
all particular interests, except the Bishop and Dean of
Derry's inheritance ; and except certain portions of land
to be assigned unto three or more Irish gentlemen at
the most, then dwelling and settled in the county of
Coleraine, who were to be freeholders to the City, and to
pay them some small rent ; the same portions and rent
to be limited by commissioners to be indifferently chosen
between his Majesty and the City.
" Seventh. That the woods and the ground and soil of
Glanconkene and Kill et rough, extending from the county
of Coleraine to Ballinderry, be wholly to the City in
perpetuity.
" Eighth. That the soil of so much land within and
amongst the woods of Grlanconkene and Killetrough,
which stood charged as surveyed lands, to be undertaken
in like form as the county of Coleraine
" Ninth. That the City should have the patronage
of all the churches, as well within the said city of the
Derry and town of Coleraine, as in all lands to be
undertaken by them.
HISTORICAL NARRATIVE. 7
" Tenth. That the seven thousand acres laid to the
city of Derry and town of Coleraine should be in fee
farm, at the rent of 53s. 4id.
"Eleventh. That the city of Derry and town of
Coleraine, and seven thousand acres of land to them,
shall be holden of the King in free burgage.
'* Twelfth. That the residue of the county lands and
woods, and all such lands as were to be undertaken,
should be holden of the King in common socage.
" Thirteenth. That the customs of all goods im-
ported, or to be exported, poundage, tonnage, the great
and small customs, should be enjoyed by the City for
the term of 99 years, within the city of the Derry,
town and county of Coleraine, and ports and creeks
thereof, paying yearly 6s. 8d. to his Majesty as an
acknowledgment ; and to have the like within the port
of Portrush.*
" Fourteenth. That the salmon and eel fishing of
the rivers of Bann and Lough Foyle, and all other
kind of fishing in the river of Lough Foyle so far as
the river fioweth, and in the Bann to Lough Neagh,
should be in perpetuity to the City.
" Fifteenth. That the City should have liberty to
transport all prohibited wares growing upon their own
lands.
* Though Coleraine was a sea port, the obstruction created at the
mouth of the Bann by the bar, caused Portrush to be used, to a great
extent, as the harbour of the port.
8 HISTORICAL NARRATIVE.
" Sixteenth. That the City should have the office of
admiralty in the coasts of Tyrconnel and Coleraine, and
all the royalties and profits thereunto belonging ; and
should have their own ships and goods which should
happen to be wrecked at sea, in Ballyshannon and
Oderfleete, and in all the coasts, ports, and creeks
along and between them, saved and reserved to them-
selves.
" Seventeenth. That the City should have the like
liberty of fishing and fowling upon all that coast as
other subjects had ; and that it should be lawful for
them to draw their nets and pack their fish upon any
part of that coast that they fish upon, and carry the
same away ; and that they have the several fishing and
fowling in the city of Derry and town and county of
Coleraine, and all the lands to be undertaken by them
and in the river of Lough Foyle so far as it floweth,
and of the river of Bann unto Lough Neagh.
"Eighteenth. That no flax, hemp, or yarn, un-
woven, be carried out of the ports of the Derry and
Coleraine, without licence from the City officers ; and
that no hides be transported raw, without licence, out
of those ports.
" Nineteenth. That as well the cities and towns as
the county of Coleraine be freed from all patents of
privileges theretofore granted to any person ; and that
thereafter no patent of privilege be granted within the
said several cities, towns, and county of Coleraine, and
other the undertaken lands ; and that the said city of
HISTORICAL NARRATIVE. y
Derry, town and county of Coleraine, should be freed
from all compositions and taxes which might be exacted
or imposed by the governor or governors of those parts.
" Twentieth. That the City should have the castle
of Culmore,* and the land thereunto, in fee-farm, they
maintaining a sufficient ward of officers therein.
"Twenty-first. That the liberty of the City of
Derry and Coleraine should extend three miles every
way.
" Twenty-second. That the City should have such
further liberties to the Derry and Coleraine, as upon
view of the charters of London, the Cinque Ports, and
Newcastle-upon-Tyne, or the City of Dublin, should be
found fit for those places.
" Twenty-third. That all particular men's interests
in the places about the Derry and county of Coleraine,
and in other the undertaken lands, be cleared and
freed to the city (except as excepted in the sixth
article).
" Twenty-fourth. That sufficient forces should be
maintained at the King's charges, for safety of the
undertakers, for a convenient time.
*' Twenty-fifth. That for settling and securing all
things touching the said plantation, his Majesty would
give his royal assent to acts of parliament in England,
and the like in Ireland, to pass.
* The origin of this fortalice has not been ascertained, but it was
probably erected by the O'Dohertys in the 16th century. It was in
the possession of the crown in 1556.
10 HISTORICAL NARRATIVE.
"Twenty-sixth. That the City should have time,
during the term of seven years, to make such reasonable
demands as time should show to be needful, but could
not presently be foreseen.
" Twenty-seventh. Lastly, that the City should with
all speed, set forward the said plantation, in such sort
as that there should be sixty houses built in Derry, and
forty houses in Coleraine, by the first of November then
next following, with convenient fortifications, and the
rest of the houses, with the fortifications, should be
built and perfected by the first of November, 1611."
One part of the said articles was signed by the Right
Honourable Thomas Lord Ellesmere, Lord Chancellor of
England, and ten other persons, being all of the Privy
Council ; and another part was signed by Sir Henry
Montague and sixteen other persons, being the com-
mittees appointed by Act of Common Council, on the
behalf of the Mayor and Commonalty.
This agreement being thus executed by the parties,
the Court of Common Council ordained that, for the
purpose of conducting the said plantation, a company
should be constituted and established within the city of
London, which should consist of one Glovernor, one
Deputy to the Governor, and twenty-four Assistants ;
and that the Governor and five of the said Assistants
should be aldermen of the city of London, and
Mr. Recorder of the city should likewise be one of the
same Assistants, and the Deputy and the rest of the
Assistants should be commoners of the same city ; which
HISTORICAL NARRATIVE. 11
company thenceforward, in every year, should be elected
and chosen at the first Common Council to be held after
the feast of the Purification of the Blessed Virgin Mary,
at which time the Deputy and twelve of the Assistants
for the year precedent might be removed, and one other
Deputy and twelve other Assistants, in their steads,
should be newly elected, to join with the other twelve
Assistants that were not removed, for the year ensuing ;
and the next year those that continued the year before
might be removed, so that twelve of the Assistants
might continue the space of two years.
The Court accordingly appointed the members of the
Society, of which William Cockaine, alderman and one of
the sheriffs of the city, was G-overnor,and William Tower-
son, Deputy Governor, and it was ordained that " the
said Grovernor, Deputy Governor, and the Assistants,
should continue in their office for one year, beginning
at the feast of the Purification then next ensuing, and
that at the next Common Council to be held after the
expiration of the said year the new election of a Go-
vernor, Deputy, and Assistants, should be had in form
aforesaid, and so from year to year. And the Court fur-
ther enacted, that the said company then elected and ap-
pointed, or thereafter from time to time to be elected and
appointed, or any nine of them, whereof the Governor
or Deputy for the time being to be one, should have full
power and authority to hold and keep a court, and in the
same to treat, debate, and determine of all matters and
causes concerning the business that to them in their
12 HISTORICAL NARRATIVE.
discretions should think fit ; and also to direct, appoint,
and comma.nd what should be done or performed on the
behalf of the City, concerning the said plantation ; and
also should give direction in England, either by letters
or otherwise sent to Ireland, for the ordering, managing,
and disposing of all things whatsoever concerning the
intended plantation, or anything belonging to the
citizens of London's undertaking in that part of Ire-
land called Ulster ; as also for the receiving, ordering,
disposing, and disbursing of all sums of money that
were or should be collected or gathered for that pur-
pose, and generally for any other cause, matter, or
thing whatsoever, incident to or belonging to the busi-
ness and affairs in Ulster ; and in the courts so to be
holden should have full power and authority to nominate
and appoint their clerk, beadle, and such other officers
as they in their discretion should think fit ; and that
whatsoever should be done, decreed, or resolved by and
at any such court so to be holden, should be firm and
stable, and the Court of Common Council thereby de-
clared it ratified and confirmed by them."
This constitution of the Society was embodied and
established in the letters patent subsequently granted
by King James.
The Society being thus ordained by the Court of
Common Council, Tristram Beresford and John Eowley
were appointed general agents for the City, who imme-
diately proceeded to Ireland ; and soon afterwards the
Society were put in possession of the estates.
HISTORICAL NARRATIVE. 13
Arrangements were at the same time made in London
for raising and collecting the sum agreed to be raised
by the City for the purposes of the plantation, and for
building towns and fortifications ; which was, at length,
determined to be done according to the assessment of
the corn rate, made on the various companies of the
City. This sum, however, was found to be insufiicient ;
and other assessments were, from time to time, occa-
sionally made, which eventually exceeded the sum of
£60,000. '
1611. 14th April. — The Society, soon after receiving
possession of the estates, made an exchange with Sir
Thomas Phillips, then governor of the county of Cole-
raine, of the castle of Lymavady, and three thousand
acres of ground adjoining it, being part of their divi-
sion, for other lands belonging to him.
1612. 29th December. — A Privy Council was held at
Whitehall, at which Sir Henry Montague, knight,
Eecorder of the City, and Mr. Alderman Cockaine,
G-overnor of the City's plantations in Ulster, together
with divers other aldermen and commoners. Assistants
of the Society, attended, and there discussed certain
matters relative to the proposed grant of his Majesty
which being then concluded upon, the Society was
soon afterwards (29th March, 1613) formally consti-
tuted and established (as ordained by the Court of
Common Council) and incorporated by Eoyal charter
by the name of " The Society of the Governor and
Assistants of London, of the New Plantation in
14 HISTORICAL NARRATIVE.
Ulster, within the Eealm of Ireland." By this
charter, which was duly enrolled in England and Ire-
land, the City and County of Londonderry were defined
and established, and municipal rights granted to the
Citizens.
1613. 6th July. — It being considered of great im-
portance that the building of houses and fortifications
at Derry and Coleraine should be properly performed,
and the intended plantation speedily carried into effect,
which had not only been very expensive to the city of
London, but was likely to be productive of a still
greater expenditure, and King James having expressed
his desire that the plantation should be proceeded in with
vigour, the City thought it advisable, as well for their
own satisfaction as for the satisfaction of the several
Companies, to send over Mr. Alderman Smithes and
Mr. Matthias Springham (both Assistants of the
Society), to Ireland, at the expense of the Society,
in order " to take an exact survey and account of the
various operations and concerns of the said planta-
tion ; and, accordingly, they were invested with full
powers to act at their discretions, in the ordering, di-
recting, and controlling the measures of the same plan-
tation," for which purpose, full instructions were given
them, with which they proceeded to the north of Ire-
land ; and, having accomplished the objects of their
mission, they, on their return, communicated the result
thereof ; and, amongst other things, reported that they
had presented two silver gilt communion cups to the
churches of Derrv and Coleraine.
HISTORICAL NARRATIVE. 15
The two commissioners stated, in their communication
to the court, that as it was generally desired that a
division should be made of all the lands in Ireland, by
and amongst the several Companies undertaking the
plantation, they had, with great pains, first viewed the
land, and carefully inquired after the true value of
every district ; and, with the assistance and advice
of the gentlemen of the county, the City's agents
and surveyor proceeded to make an equal division of
the lands into twelve parts, the manner of which they
presented to the court. But with respect to the city
of Londonderry and the town of Coleraine, with the
territories, ferries, and fishings belonging to the same,
they were of opinion that a division could not be fully
made of them.
1613. 17th December. — At a Court of Common
Council, Mr. Alderman Cockaine, the Governor of
the Irish Society, represented to the Court, and to the
masters and wardens of all the several Companies
then assembled, that a division of the estates, which
was proposed to be made in Ireland, belonging to the
plantation, had been made into twelve parts, which
were particularly expressed on twelve several sheets of
paper, the same being numbered from one to twelve
inclusive ; and that, answerable to those proportions,
the committee for the plantation had prepared twelve
pieces of paper, each piece having one of the aforesaid
numbers thereon, which were rolled and tied up
severally, like lots, each lot referring to some one of
16 HISTORICAL NARRATIVE.
the same twelve proportions of land, which twelve lots
were brought into the court by the Grovernor, in a box
by themselves. That the whole monies disbursed
already in and about the said plantation, amounting
in all to £40,000, were, on the other hand, subdivided,
and brought into twelve like several equal portions of
money, each portion consisting of £3,333 6s. 8d., all
which portions being added together made up the sum
of £40,000 ; and that in the same subdivision this
course had been taken, that so many of the Companies
of the City which had contributed towards the said
plantation as made up one full portion of £3,333
6s. 8d. according to the several sums by them already
disbursed, had been added and joined together ; and
that, in every of the said twelve proportions of money,
one of the twelve principal Companies stood as chief,
and unto that principal Company, not having of itself
expended so much money as amounted to a full pro-
portion, were added and joined so many of the inferior
Companies as, according to their several sums by them
already disbursed, made up a full proportion of £3,333
6s. Sd., as near as possibly may be. And where the
sum of any Company already disbursed exceeded the
last-mentioned sum, the said Company was joined to
some other principal Company for the overplus ; and
inasmuch as the Companies joined together to make
up a proportion of money, and their sums did not
altogether make up an even proportion, but some
happened to be more, and others less, than a full
HISTORICAL NARRATIVE. 17
proportion, in that case, the Companies so joined
together were rateably to pay to, or receive from, the
Treasurer of the said plantation, that which should be
more or less than a full proportion ; which Companies*
names that were so joined together, to make up the
said twelve proportions of money, were in like manner,
severally written on twelve several pieces of paper,
together with the sum of money disbursed by each
Company, and were afterwards, in like manner, rolled
and tied up together like lots, and were brought
likewise, and presented in court by the Governor, in a
box by themselves. And the same particulars were
also written together on a sheet of paper, and subscribed
with the names of the committees for the said
plantation.
The arrangement of the aforesaid division was as
follows :
The assessment already made upon the
several Companies of London towards
the plantation in Ireland was .£40,000 0 0
The said sum being divided into twelve
parts, gave for each £3,333 6 8
The lands in Ireland being allotted in twelve parts,
it was considered most fitting that the same should be
divided under the names of the twelve Companies, and
divers of them to have inferior Companies joined unto
them, in the following manner :
c
18
HISTORICAL NARRATIVE.
£
s.
d.
£
s.
d.
Mercers
... 2,680
0
0
Innholders
... 200
0
0
Cooks ...
... 200
0
0
Embroiderers ...
... 153
0
0
Masons...
... 100
0
0
3,333
3,333
0
6
0
8
Grocers (in part)
... 3,333
6
8
Drapers
... 3,072
0
0
Tallow-chandlers
... 260
0
0
3,332
0
0
Fishmongers ...
... 2,260
0
0
Leathersellers ...
... 950
0
0
Plasterers
... 40
0
0
Glaziers
... 32
0
0
Basket-makers . . .
... 32
0
0
Musicians
... 20
0
0
3,334
0
0
Goldsmiths
... 2,999
0
0
Cordwainers . . .
... 250
0
0
Painter-stainers
44
0
0
Armourers
... 40
0
0
3,333
0
0
Skinners
... 1,963
0
0
Stationers
... 520
0
0
White-bakers ...
... 480
0
0
Girdlers
... 370
0
0
3,333
0
0
Carried forward
£19,998 6 8
HISTORICAL NARRATIVE.
19
£
s.
d.
£
s.
d
Brought forward ..
19,998
6
8
Merchant Tailors
(in part)
. 3,333
6
8
3,333
6
8
Haberdashers
. 3,124
0
0
Wax-chandlers
. 80
0
0
Turners
. 68
0
0
Founders
. 60
0
0
3,332
0
0
Salters
Dyers
Saddlers
. 1,954
. 580
. 390
0
0
0
0
0
0
Cutlers...
. 225
0
0
Joiners ...
. 164
0
0
Woolmen
. 20
0
0
3,333
0
0
Ironmongers
. 1,514
0
0
Brewers
500
0
0
Scriveners
. 370
0
0
Coopers
Pewterers
. 280
. 240
0
0
0
0
Barber Surgeons
Carpenters
. 230
. 200
0
0
0
0
3,334
0
0
Vintners
. 2,080
0
0
Overplus from Grocers
540
13
4
Woodmongers ...
. 200
0
0
Weavers
. 100
0
0
Carried forward £2,920 13 4 £33,330 13 4
c2
20
HISTORICAL NARRATIVE.
Brought forward
Plumbers
Poulterers
Tilers and Bricklayers .
Blacksmiths
Fruiterers
Curriers
Clothworkers
Overplus from Merchant
Tailors 752 13
£ s. d. £ s. d
.. 2,920 13 4 33,330 13 4
.. 80 0 0
80 0 0
.. 80 0 0
64 0 0
.. 64 0 0
.. 44 0 0
3,332 13 4
.. 2,260 0 0
Butchers
Brown-bakers
Upholders
Bowyers
Fletchers
Total ...
150 0 0
90 0 0
44 0 0
20 0 0
20 0 0
3,336 13 4
£iO,000 0 0
The following Companies were to pay, viz.
The Mercers
Drapers
Goldsmiths
Skinners
Haberdashers
Salters ...
Vintners
0
1
0
0
1
0
0 13
And the following to receive, viz.
The Fishmongers... ... 0 13 4
Ironmongers ... ... 0 13 4
Clothworkers ... ... 3 6 8
4 13 4
4 13 4
HISTORICAL NARRATIVE. 21
In 1615 a licence was granted by the Crown to the
twelve chief Companies, to receive and hold in mortmain
any possessions in the gift of the Irish Society, or any
other persons or bodies whatsoever.
Power was also granted to the Irish Society, and all
other persons, bodies politic or corporate, to alien to such
Companies.
Power was also granted to the Irish Society to hold
possessions in like manner.
The estates in Ireland (except the city of London-
derry, the town of Coleraine, their contiguous lands, and
the woods, ferries, and fisheries) were soon afterwards
consigned to the management of the respective chief
companies and their associates, according to the
divisions above mentioned, and conveyances were made
by the Society in 1617 to the chief companies of the
lands allotted to them respectively. The houses in
Londonderry and Coleraine, the lands attached thereto,
and the woods, ferries, and fisheries, were retained by
the Society for the general purposes of the plantation.
By these conveyances, not only the lands as allotted
were granted and defined, but manors were created
and demesnes granted with manorial rights and privi-
leges ; certain rights were, however, reserved to the
Society by the following exception in the grants : —
" Except, nevertheless, and out of these presents always
reserved, unto the said Society of the Governor and Assistants,
London, of the new plantation in Ulster within the realm
22 HISTORICAL NARRATIVE.
of Ireland, their successors and assigns, all timber trees,
growing or being, or that thereafter should grow or be in or
upon the aforesaid premises or any part thereof, with free
liberty to and for the said Society, their successors and
assigns, where and as often as they should think good, to fell,
cut down, and carry away the same, and every or any part
thereof. And also except and reserved to the said Society,
their successors and assigns, free liberty to hawk, hunt, fish,
fowl, come, go, ride, carry and re-carry, over, in, and through
the same premises, and every part and parcel thereof, at all
times convenient. And also except all the fishing and
taking of salmons, eels, and other fishes, in the rivers of
Bann and Lough Foyle within the province of Ulster, and
in all creeks and members of the same rivers, and either of
them ; and all the soil and ground of the same rivers, and
every of them. And also free liberty to and for the said
Society, their successors and assigns, to dig and search in the
premises afore-granted, or any part thereof (except and other
than in the houses, gardens, orchards, meadows, or lands
sown with corn), for stone, slate, loam, gravel, sand or other
necessary materials, and the same to take and carry away,
to be employed and converted for, in, and about buildings
in the aforesaid county and province."
But to this was added a covenant from the Society, to
allow timber to be taken from any adjoining premises
for the use of the particular Company.
Feoffments were also made by the Society to tenants
of the Companies, of certain lands, reserving timber,
game, and fishing of all sorts, and certain other rights,
to be held by such tenants of the Society, as lords of
HISTORICAL NARRATIVE. 23
the manors, in order to constitute these tenants free-
holders for service on juries, &c., and these have since
been known as Companies Freeholders, in distinction
to the Native Freeholders whose lands had not been
escheated.
In letting their lands, the Companies stipulated with
the persons proposing to become tenants that they
should perform the original articles and conditions of
plantation.
1614, 4th September. — About this time Sir Josias
Bodley was appointed by the Lord Deputy of Ireland
to examine into the progress of the plantation, and
ascertain whether the city had performed their engage-
ments in fulfilling the conditions of plantation ; and
following upon this, his Majesty required from the Lord
Mayor and Court of Aldermen information of all the
particular proceedings of every company upon their
several proportions of land ; and the Irish Society were
directed to call every company to an examination of
their performances. In consequence whereof, precepts
were issued by the Society to the twelve Companies,
requiring them, with all expedition, to make a certificate
of the state of their plantation, and to send their wardens
or others before the Society to answer and explain any
questions that might be proposed to them, which was
done accordingly.
1st May. — A conspiracy was entered into by some
of the native Irish to surprise and destroy Derry and
24 HISTORICAL NARRATIVE.
Coleraine, which having been communicated to the
Society by the Privy Council, precepts were issued to
the twelve Companies to furnish arms and military
accoutrements, which were directed to be transmitted ,
by the hall-keeper of Gluildhall to Ireland for the
better defence of the plantation ; which precepts were
punctually obeyed, and the arms, ammunition, and
warlike stores were sent accordingly.
May 5. — The Court of Common Council proposed
that a keep or citadel should be built at Coleraine by
the city ; and it was referred to the Society to consider
of the matter, and make report thereof to the next
court.
9th November. — Precepts were issued by the Society
to the twelve Companies for certificates of their works
and operations, and the Companies made their returns
pursuant to the Society's requisition.
The Society sent precepts to all the Companies,
requiring each of them to send one or two artisans with
their families into Ulster, to settle there.
Directions were also given that "twelve Christ's
Hospital and other poor children " should be sent to
Derry as apprentices and servants.
The trades which the Society recommended as proper
to introduce into Ulster were weavers of common cloth,
fustians and new stuffs, felt-makers and trimmers of
hats, and hat-band makers, locksmiths and farriers,
tanners and fellmongers, iron-makers, glass-makers,
HISTOKICAL NARRATIVE. 25
pewterers, coast fishermen, turners, basket-makers,
tallow-chandlers, dyers, and curriers.*
Directions were also given to the Companies to repair
the churches on their several proportions, and furnish
the ministers with a Bible, a book of Common Prayer
and a communion cup.
1615, 9th April. — A conspiracy to seize and destroy
Londonderry was discovered. Six gentlemen of the
North, kinsfolk of Tyrone, were tried within the city,
found guilty, and executed.
Early in 1616 the Governor and one of the assistants
proceeded to Ireland at the expense of the general fund
of the plantation, commissioned with full powers to
view, examine, and regulate whatever was necessary in
regard to the affairs of the plantation.
These Commissioners presented a report in writing,
by which it appeared that they had given satisfaction to
the Lord Deputy, in regard to the plantation in general
They stated that they assembled the town of
Coleraine, and offered to allow to any who would build,
£20 apiece in money, and a lease for eighty years at a
rent of 6s. 8c?.
That the twelve children sent from Christ's Hospital
to be apprenticed had arrived safe at Derry, and that
* At this date, the prices of provision in Ulster were, for a cow or
bullock, 15s. (about one half -penny _29er pound) ; a sheep, from I6d. to
25. ; a hog, 2s. ; barley, ll^Z. a bushel ; oats, 4cZ. a bushel ; strong beer,
16s. a barrel, but this was represented as being exceeding dear at that
price. The fishings were at this time let at £866. 13s. id.pei- annurti
for three years.
26 HISTORICAL NARRATIVE.
they had caused ten to be apprenticed in Derry, and
two in Coleraine.
That a market-house and a town-house should be
erected in Londonderry, by which the City of London -
would gain the rent of three houses, then used for a
town-house there.
That they were offered £1,000 a year for the fishings,
by the then present tenants, on a renewal of their lease,
which would expire within a year.*
That they had assigned forty acres of land to the
parson of Coleraine.
That the advowsons within the city's undertakings
were bestowed on English ministers, but the churches
were represented as being uncovered.
That they had agreed to let the two town lands at
Coleraine to Mr. Rowley, for twenty-eight years from
Michaelmas then next, at £20 a year.
That a garrison was maintained at the Griynns.
That allowances had been made to the burgesses of
Londonderry and Coleraine by the City of London, for
their attendance in parliament.
That they had desired the corporations of London-
derry and Coleraine to consider together, what laws
and ordinances were fit to be made for their good
government ; but that they were unwilling to entertain
the motion, and were not desirous to have any conf er-
* The commissioners declared the markets were well supplied with
fish, and that a very fine salmon could be procured for sixpence.
HISTORICAL NARRATIVE. 27
ence with the commissioners concerning any public
laws and ordinances, but they made several propositions
and demands, as for the general good, which the
commissioners answered, and brought over their proposi-
tions and answers for inspection and consideration.
That they had granted five hundred acres of land,
which had formerly belonged to Eory O'Kane (who had
incurred a forfeiture of his land by a criminal convic-
tion), to Mr. Carey, Recorder of Londonderry, during
his life, paying the rent of £5. 6s. Sd., he having no
salary ; which they conceived to be the best way of
giving him satisfaction, without charge to the city.
That they had examined the fortifications at London-
derry, and found that the ditch round the fortification
was a dry ditch, eight feet deep and thirty broad, and
extended from the Prince's Bulwark, being at the west
end of the city, along the south side of that fortifica-
tion unto the water side, being more than half the
circuit of the wall, as would appear by the plan they
had made.
That the quay at Londonderry was sufiicient for the
trade of the place, and they thought when the fortifica-
tions were finished, the city might either enlarge the
same, or make a new one.
That they granted leases of most of the houses at
Londonderry for thirty-one years, and allotted to every
house a portion of land according to the rent, and dis-
tributed the island (except the bog) for gardens and
orchards, as belonging to every house, in ease of the rent
28 HISTORICAL NARRATIVE.
and the bog they leased out to sundry persons for small
rent,* in hope that the same might be made firm and
good meadow in time to come. And they stated that,
whereas the city had nothing for the bog before, they ^
had procured a profit then of £1 yearly for the same.
That they delivered swords as presents from the City
of London to the several mayors of Londonderry and
Coleraine.
That they had allotted three hundred acres for a
Free School, the cost of the erection to be defrayed by
Mr. Springham.
That they had made estimates of the expense of
repairing the churches and fortifications.
CROWN COMMISSION APPOINTED.
1617. May. — About this time, the Crown being dis-
satisfied with the City of London, by reason of various
representations which had been made, suggesting that
the City had not performed the original conditions of
plantation, appointed commissioners in Ireland, to
inquire into the affairs of the plantation.
1618. 11th January. — A general survey of the works
of the Companies on their proportions in Ulster was taken.
1621. July 31. — The city received its charter of
incorporation, of a mayor, two constables, and merchants
of staple.
* The patches of bog now remaining are but relics of a vast tract of
detritic accumulation, the result of ages ; a great part of this waste has
been reclaimed and the turf cut away. Griffiths, in his Bog Reports ,
gives examples of growth of bog at the rate of two inches a year.
HISTORICAL NARRATIVE. 29
1622. — The town-house of Londonderry erected by
the Society.
The Lord Deputy Chichester granted Lough Neagh
to the Society, in fee farm, for ever, at £100 a year.
ATTEMPTED SEQUESTRATION OF THE PLANTATION.
1624. — A reference was made by the Crown to the
lords commissioners appointed by his Majesty, to remedy
some defects of the plantation ; who ordered certain
things to be immediately performed, and a sequestration
of the City's estates in Ireland was directed to be made,
for the performance of the works required to be done,
which sequestration was illegal and was opposed by the
City.
1625. — In this year Charles the First came to the
crown. Lord Wentworth was appointed Lord Lieu-
tenant of Ireland, and Dr. Bramhall, who was after-
wards appointed Bishop of Londonderry, accompanied
him as chaplain.
In the beginning of this reign. Sir Thomas Phillips,
who appears to have entertained hostile designs against
the citizens of London, as British undertakers of the
plantation in Ulster, prepared and sent to his Majesty
a virulent accusation against them, charging them with
breach of the original articles, and strongly urging the
King to revoke the charter, and seize into his own
hands the territories in Ulster ; and in addition to this
circumstance, various informations were sent from Ire-
land, at the instigation of Dr. Bramhall, against the
30 HISTORICAL NARRATIVE.
Society, charging them with crimes and misdemeanors,
in consequence of which an illegal sequestration was
issued, with a view to seize the county of Londonderry
into the King's hands.
1632. — The whole county of Londonderry was illegally
ordered to be sequestrated, and the rents levied for the
Bang's use ; and Bishop Bramhall was appointed chief
receiver.
1633. — The erection of the Cathedral built by the
Society was completed. The event is thus recorded
upon a tablet over the belfry porch — Ano. Do. Car.
Eegis,— 1633 :—
IF • STONES • COYLD • SPEAKE •
THEN • LONDONS • PRAYSE •
SHOULD • SOVNDE • WHO •
BVILT • THAT • CHVRCH • AND •
CITTIE • FROM • THE • GROVNDE •
Inserted in the top of the tablet is an older one, taken
doubtless from the old Cathedral — "In templo verus
deus est vereque clemens."
1634. — By sentence of the Court of Star Chamber
it was adjudged, that the letters patent of King James
the First should be surrendered, and brought into court
to be cancelled.
This sentence had no legal operation, but the Society
were alarmed, and made application for redress ; but
seeing nothing more done, and thinking that the King,
at his leisure, would grant them remedy, they appear
to have submitted without impatience to some infringe-
HISTORICAL NARRATIVE. 31
ment of their rights. But those who projected these
hostile measures were not inactive to accomplish their
designs effectually ; and in the first place, Bishop Bram-
hall procured a letter of King Charles, dated 24th
February, 1635, for passing of letters patents of several
large quantities of the Society's lands, and others, as
termon and erenagh lands, which he kept dormant till
an opportunity offered for procuring them, which hap-
pened on the 4th August, 1637, when the King's letters
patent were passed for the quarter lands called the
fifteen hundred acres ; amongst other things, reserving
out of part a rent of £90. 10s. to the Mayor and Com-
monalty of Londonderry.
1637. 28th December. -The City of London, the
Irish Society, the twelve chief Companies by distinct
denominations, and in general all other tenants of lands,
&c., in the county of Londonderry, were served with a
scire facias of eighteen skins of parchment, containing
various recitals of the possessions and rights granted
originally, to appear in the Court of Chancery, to show
cause why judgment should not pass to cancel the
charter granted by King James.
Although the Society surmised what was before de-
termined and offered an appearance conditionally, that
they might have time to send for their agents from
Ireland to answer some of the matters of fact charged
in the writ against them, yet it was not accepted, but,
on the contrary, in Hilary Term following, the Lord
Chancellor, with the advice of the Judges, King's
32 HISTORICAL NARRATIVE.
Counsel, &c., gave judgment that the letters patent to
the Society for the city and county of Londonderry,
and the enrolment thereof, should be revoked, cancelled,
and made void, and the said city and county seized into
the Bang's hands.
This decree was enrolled in the Petty Bag Office, but
the enrolment of the charter was never fully vacated.
In conformity with the aforesaid judgment, orders
were given for the city of Londonderry being seized
into the King's hands.
A commission was afterwards issued by the Crown,
directed to the said Bishop of Derry, and others, for the
purpose of entering into contract for leases with the
tenants on the plantation in Ulster ; and, in pursuance
of this commission, the commissioners purported to
make grants and demises of the manors, lands, and pos-
sessions, belonging as well to the twelve chief Com-
panies as to the Society.
164L — On the return of King Charles from Scotland,
he was invited to dinner in the Gluildhall of the City of
London, and he there made a public declaration that he
was much troubled at the judgment that had been given
for taking away his father's grant to the Society ; and
his Majesty promised the City that the judgment should
be reversed, and gave his commands for restoring to
the Society and Companies such of their possessions as
they had been deprived of ; but the rebellion breaking
out, on October 22, his Majesty's intentions were not
fulfilled.
HISTORICAL NARRATIVE. 33
26th August. — The Mayor, Commonalty, and Citizens
of London, on behalf of themselves and the Companies,
and divers having lands and tenements in Londonderry,
exhibited their petition to Parliament, and it was voted
and resolved in Parliament, that the sentence pro-
nounced by the Star Chamber was unlawful and unjust ;
that the citizens of London, and all those against whom
the judgment was so given in the scire facias should be
discharged of that judgment ; and that both the citizens
of London, and those of the new plantation, and all
undertenants, and all those put out of possession, should
be restored to the same estate which they were in before
the said sentence in the Star Chamber.
THE FIRST SIEGE OF DERRY.
Dming the progress of the rebellion, a plot was
formed for the capture of Londonderry, but it mis-
carried. There were at that time twenty pieces of
artillery in Londonderry, which the Society had many
years before provided for the due safety of the place.
The City of London sent four ships to Londonderry,
with all kinds of provisions, clothing, and accoutrements
for several companies of foot, and abundance of ammuni-
tion. The twelve chief Companies sent each two pieces
of ordnance ; and it was considered that the assistance
which was thus given by the City of London was the
principal means of preserving the City of Londonderry
from the fury of the rebels who besieged it. The
people then entered into a mutual league for the
34 HISTORICAL NARRATIVE.
defence of the city. " They repaired the gates and
ramparts, and sent intelligence of their situation to the
King in Scotland, and to the Corporation of London,
who sent them several pieces of ordnance." *
In 1649 Londonderry sustained another siege by
the Royalist troops, Sir Charles Coote commanding
the garrison. The siege lasted for four months, and the
city was relieved by Owen Roe O'Neill, and in the
following year the whole of Ulster was reduced by the
Parliamentary army.
After the termination of this rebellion, the City of
London sent over commissioners to settle affairs at
Londonderry, and other places ; the Companies made
new leases of their proportions where leases were
expired, and received their rents where leases were still
subsisting ; and the Society's commissioners renewed
all the leases in Londonderry and Coleraine, and at both
places left the commons and wastes as before, for general
accommodation and advantage.
1654. — A general survey was taken of the lands in
Londonderry, called the civil survey, which was after-
wards lodged in the Surveyor-CeneraFs office in Dublin.
29th August. — The Privy Council made an order
advising the restoration of all such rights as the Society
had been deprived of.
1656. 24th March.— The Society owed the full re-
covery of its privileges, rights, and properties, to Oliver
* History of the Presbyterians in Ireland, by the Rev. Dr. Reid.
HISTORICAL NARRATIVE. 35
Cromwell, and he granted letters patent, by which he
confirmed the Society as originally ordained, with the
same rights as enjoyed under the charter of James the
First. This charter was duly enrolled in England and
Ireland.
1658. August. — The Society about this time made
new conveyances to the twelve chief Companies, con-
firming to them their respective proportions of land in
Ulster.
Upon the restoration of King Charles the Second,
the City of London petitioned the Crown for a reversal
of the judgment given against their first letters patent
as promised by King Charles the First; but as the
proceedings necessary to be adopted in this respect, it
was considered, would be tedious, the King proposed to
grant a new charter to confirm to the Society all the
possessions and rights granted to them by their charter
of 1613 ; and on the 10th of April, 1662, letters patent
confirming the charter of James the First, were granted,
containing with very little alteration, all the clauses of
that charter.
Conveyances were afterwards made by the Society to
the Companies, confirming the grants as already made
to them.
Having thus traced the circumstances under which
the Society was established, and the manner in which it
was constituted, it may be interesting to refer to some
of the events which have since happened connected with
the plantation, and some of the transactions of the
Society.
d2
36 HISTORICAL NARRATIVE.
MEMORANDA OF PRINCIPAL EVENTS.
1668. April. — In this year great part of the city of
Londonderry was destroyed by fire, and was afterwards
rebuilt by the Society.
15th September. — The Society required from the cor-
poration of Londonderry a certificate, under seal, of their
bye-laws, for confirmation by the Society, agreeably to
the provisions of the charter ; and expressed their un-
willingness to receive any communications pui^porting to
be the acts of the Common Council of Londonderry,
unless they were under the seal of that corporation ; to
which the Council assented on the 13th of June, 1684.
1676. 9th June. — A dividend was ordered to be made
to the twelve Companies, and the Treasurer was directed
to receive the rents due from several of the Companies
in respect to their manors.
1684. April. — The King confirmed the Society's
charter.
1685. — During this year there was a great decay of
trade in Londonderry. The corporation complained that
the government of the place was too expensive for the
magistrates to sustain, and they supplicated the Society
for abatement of rent ; and the Society promised them
assistance.
Ironworks were erected on the plantation, to the great
destruction of the woods.
The chief Companies were written to by the Society,
to introduce clauses into their tenants' leases, to prevent
destruction of timber.
HISTORICAL NARRATIVE. 37
1587. — The Bishop of Derry laid claim to the quarter-
lands, under his letters patent of 4th August, which
claim, after a long and expensive litigation, he was un-
able to establish.
THE GREAT SIEGE.
1688. December 7. — The gates of Londonderry were
shut against Lord Antrim, who commanded the King's
6th Eegiment of Infantry.
1689. — King James laid close siege to the city for 105
days, during which the brave citizens held out with un-
exampled heroism, in the midst of all the horrors of
assault, pestilence, and famine.
July 26. — The blockade was raised by the Mountjoy,
filled with stores, breaking "the boom" across the
Foyle, and relieving the starving garrison.
15th August. —The Society ordered £10 to be paid to
Joseph Bennett, for his intrepidity in contriving to pass
through the King's army, then before Londonderry, he
being the bearer of tidings to England of the state of
the beleagured city.
20th August. — The Society directed several of their
members to wait upon the Eev. George W alker, the late
Grovernor of Londonderry, and render their thanks for
his distinguished services in the preservation of the city,
6th September. —Mr. Walker attended the Society,
and represented that most of the houses in Derry were
demolished by the military operations of the enemy
during the late siege, and stated the necessity of some
immediate assistance being sent to the inhabitants ;
38 HISTORICAL NARRATIVE.
whereupon it was thought fit that the Society should
apply to the Lord Mayor, Aldermen, and Common
Council of London, to induce the twelve chief Companies
to advance £100 each, to be paid to the Society's
Treasurer, that thereby the Society might be enabled to
send such immediate relief as might encourage the city's
tenants to continue in their habitations, until the season
of the year should invite those who had abandoned the
place to return and rebuild their houses. A committee
was accordingly appointed to wait upon the Lord Mayor,
who called a Common Council, when the required con-
tributions were obtained, and afterwards distributed
amongst the sufferers.
The Mayor and Recorder of Londonderry appeared
before the Society, and proposed that, if his Majesty
would please to grant his letters patent for a contribu-
tion towards the rebuilding of that city, and the Com-
panies of London would raise a fund for the building of
the Court-house, and other accommodations for the re-
ception of the judges and commissioners of assize, it
would be a great means towards the restoration of that
city.
1690. 20th March. — Colonel Mitchelburn solicited the
Society to recommend him to his Majesty, as Q-overnor
of Culmore Fort, which thing the Society took into con-
sideration ; and were of opinion that, in regard there
was no fort, there could be no occasion for a Governor,
and therefore no obligation upon the Society to pay any
stipend or salary.
HISTORICAL NARRATIVE. 39
Slst July. — The Mayor and Corporation of London-
derry solicited from the Society further assistance, for
the purpose of rebuilding the public structures, and also
the Mayor for certain tolls due to the Society, for one
year, for better enabling him to undergo the charge of
the mayoralty.
A warrant was issued to the wood-rangers to supply
sixty tons of timber towards rebuilding the market-house,
repairing the gates, and other public buildings in London-
derry, at the usual rates.
It appears that one hundred and twenty tons of tim-
ber, and forty thousand laths, were allowed for building
the town-house of Londonderry.
1691. 4th December. — The fishings were let to Lord
Massareene for two years, at £1,050 per annum.
1692. — During this year the Society sent over com-
missioners to Londonderry to view the wastes and ruins
by the siege, to make abatement of rents, and to aug-
ment the terms in leases, and the same was done at
Coleraine.
Sir Matthew Bridges produced her Majesty's com-
mission to him, as Grovernor of Londonderry and
Coleraine [Culmore], and required the usual salary of
£200 a year, payable to the Governor of Culmore Fort,
and the acres belonging thereto, respecting which the
Society determined to consult counsel.
7th April, 1692. — The Society having failed in its
endeavour to abolish the Governorship, ordered the
40 HISTORICAL NARRATIVE.
salary to be paid, and the acres to be enjoyed by the
Grovernor of Culmore Fort.
9th June. — Seventy oificers, who had served in the
city of Londonderry during the siege, petitioned the
Society for assiBtanee, who recommended their case to
the chief Companies, and in the following year voted
various moneys to them.
The Society acceded to the Bishop's proposition of
referring the division of the advowsons on the plantation,
to his Grrace, the Archbishop of Canterbury.
1694. 24th May. — It was ordered that a letter should
be written to the corporation of the city of Londonderry,
to acquaint them that the Society would assert their
right to the fifteen hun dred acres which Bishop Bramhall
had improperly leased to them.
1695. 18th July. — It was ordered that an ejectment
should be brought against the Bishop, for the remainder
of the fifteen hundred acres, and other lands comprised
in the Society's letters patent, then in the possession of
the Bishop or his tenant.*
1696. 23rd November. — The Society resumed the
possession of the fifteen hundred acres, and in the
following year the Bishop of Deny appealed to the
House of Lords in Ireland, from an order of the
Chancellor.
* The whole history of this suit, and the Bishop's pretended title to
these lands, was set forth at length in a work, composed whilst the suit
was depending, by Mr. Moggridge, the Town Clerk of Londonderry, for
the information of the Society.
HISTORICAL NARRATIVE. 41
An order was then obtained for re-establishing the
Bishop in his possession, which was opposed by the
sheriffs and other inhabitants of Londonderry, in conse-
quence of which an attachment was issued, and the
sheriffs and others were taken into custody, and carried
to Dublin. The Bishop's conduct on this occasion
appears to have been highly reprehensible.
1697. 23rd November. — The Society appealed to the
House of Lords in England.* .
1703. — The Lord Lieutenant of Ireland was invited
to dine with the Society on his appointment.!
1705. 5th April. — The Society resolved to establish a
free school in Coleraine.
1707. — During several years prior to this date the
fisheries had been let for £1,600 a year.
1708. 16th April. — The corporation of Londonderry
sent an address to the Society, J to be presented through
* The litigation with the Bishop was settled. An Act of Parliament,
passed in the 3rd and 4th Anne, intituled " An Act for settling the
right of several parcels of land and other tenements, and of several
fishings and tythes of fishings, in the Society of the Governor and
Assistants, London, of the new plantation in Ulster within the realm
of Ireland, and their successors, and for settling a rent-charge of £250
per annum upon the Lord Bishop of Derry and his successors, for
ever."— ^ec Appendix.
t This custom was duly observed on any change taking place in the
office.
X It appears to have been customary for all addresses and petitions
from Londonderry and Coleraine to the Throne to be sent up for
presentation by the Society.
42 HISTORICAL NARRATIVE.
them to her Majesty, expressing their loyalty to her
government. In this address, they stated themselves to
be a branch of the City of London, and on 27th April
the Deputy-Grovernor informed the Society, that he, and
several other members of the Society, had been intro-
duced to the Queen, and presented the address of the
Corporation of Londonderry, which had been graciously
received.
1709. 15th September. — The corporation of Coleraine
solicited the Society to encourage the establishment of a
linen manufacture in that town, as a means of increasing
the trade and prosperity thereof; but the Society
doubted whether such an undertaking was practicable.
1712. 24th July. — A memorial or representation to
the twelve chief Companies was made, suggesting the
importance of preserving a growth of young timber on
their proportions.
16th August. — The Society prepared a statement,
setting forth their rights to the woods on the plantation,
and the necessity there was, in order to promote the
interests of the twelve chief Companies, that the growth
of timber on the various proportions should be in future
kept up, "so that staves and other things might be
supplied for the fishings, the tenant having been usually
allowed thirty thousand every year for casks for the
salmon fishery " ; which statement, with all the reasons
set forth, was sent to each of the Companies, except the
Haberdashers, who had conveyed their proportion to
Lady Beresford.
HISTORICAL NARRATIVE. 43
1713. 18th September. — Violent and tumultuous
proceedings took place at the Common Council* in the
corporation of Coleraine, at which time the sword and
mace were forcibly seized. The Society reprehended
these proceedings.
In consequence of these dissensions the matter was
brought before the Council Board of Dublin, and a
representation was made by the Society to the Lord
Lieutenant on the subject.
20th October. — The Mayor of Coleraine was served
with an order from the Privy Council of Ireland, to
appear and answer complaints preferred against the
corporation.
1715. — More disturbances arose in the corporation of
Coleraine. The sword and mace were again forcibly
seized and taken away.
16th July. — The corporation of Londonderry solicited
the Society for timber and laths, to repair market-house,
gaol, house of correction, and workhouse, and it was
ordered that they should be supplied accordingly.
1717. 6th February. — Timber was supplied for build-
ing the market-house at Monejnnore.
1718. 30th June. — Timber was supplied for the repair
of Magharafelt church.
1719. 27th October. — Timber was allowed for build-
ing the new steeple at Coleraine.
* The style adopted by these corporations was in conformity with
that employed in London.
44 HISTORICAL NARRATIVE.
1721. July 26. — The Society being unable to let their
fishings to their satisfaction, were determined to take the
management of the same into their own hands : in con-
sequence of which they authorised their agent, Mr.
Q-eorge Tomkins, to dispose of the fish according to his
discretion, and render an account to the Society.
August. — The Society disposed of all their salmon in
London, at the rate of £14. lis. per ton.
2nd October. — The charges attending the fishery of
Lough Foyle exceeded the value of the fish taken.
1724. 17th July. — The salmon fishery was let to Claude
Jammieau, who was the highest bidder, at £16. 5s. per
ton : the produce was one hundred and thirty-seven tons
two tierces and a half.
15th February. — The Speaker of the House of Com-
mons sent an order for the production of the Society's
charter, which was complied with, and a committee were
appointed to convey it to the House.
1727. — Two hundred and seventy-seven tons of timber
were ordered for Coleraine bridge. The Society after-
wards considered it would be best to erect the bridge
with stone, and subsequently gave £500 to the same.
A new cranagh, or fishing-house, was ordered to be
built on the Society's ground, the former one being on
one of the Company's proportions.
1729. 8th August. — The fishings were let for twenty-
one years, at £1,200 a year, payable in London.
HISTORICAL NARRATIVE. 45
1731. 17th March. — Timber was ordered for the chapel
at Artrea.
1732. 10th November. — Timber was ordered to be
supplied for the repairs of the Ship Quay, Londonderry.
1735. 28th January. — The Society agreed to a proposi-
tion for assisting to erect a market-house in Coleraine,
and subscribed £200 towards it ; and also ordered timber
to be supplied.
4th June. — The Society consented to respite the pay-
ment of the half-year's rents, due Lady-day last, till
after harvest, in consequence of the distress prevalent at
Coleraine, by the great scarcity of provisions.
5th August. — The Society appeared at this time to be
greatly embarrassed in what manner to dispose of their
salmon, not being able to obtain any satisfactory propo-
sals ; propositions were made to the Society for exporting
the same to Yenice and Leghorn, which were acceded
to. The Society accordingly became merchants of their
fish, and the casks containing the salmon were ordered
to be marked with the arms and the name of the Lish
Society.
13th May. — The Society very fully considered the
propriety of disclaiming all their right to the future
timber growing on the Companies' portion of plantation,
and a report on the subject was made and confirmed,
1736. 7th May. — It appeared that no regulations of
the Society could prevent depredation and plunder of
timber in the woods on the plantation.
46 HISTORICAL NARRATIVE.
8th July. — The Society were determined to assert
their right to the fishings of Lough Foyle, against the
Earl of Abercorn, or any other persons trespassing
therein.
1738. 31st May. — A bridge was ordered to be made
over Ballysally brook.
3rd July. — The Lord Chief Justice Singleton (late
Prime Serjeant) undertook to settle all the differences
existing in the corporation of Londonderry, respecting
their bye-law as to the election of members, and other
matters ; and he afterwards transmitted to the Society
a bye-law which he had prepared.
14th November. — A new school was established by
the Society in Coleraine, " For teaching poor children,
gratis, to read, write, and comprehend accounts."
1742. 2nd February.— The Society granted £700 and
thirty-five tons of timber, for building a market-house
at Coleraine.
The Society contributed £2,050 towards building
Coleraine bridge.
17th November.— It was resolved that no leases should
be granted unless a memorial be first presented to the
Society, signed by the party, or some agent on his
behalf.
1748. 7th July.— The fishings were let at £620 a year
for twenty-one years, determinable at the end of seven or
fourteen years.
HISTORICAL NARRATIVE. 47
1756. 27th January. — The Society had before it for
consideration a project for making the river Bann
navigable.
1760. 30th September. — The fisheries were granted, by
lease, for twenty-three years, to Henry Hamilton, Esq.,
at £912 a year.
1765. 27th November. — A report was made by
the committee as to the original establishment of
Culmore Fort, whereby they stated that "the Society
had granted to them and their successors, the castle
and fort of Culmore, in the county of Donegal, and
all the lands, containing by estimation three hundred
acres, with the said castle and fort, then or late occupied
or used, or to the same belonging or assigned, or to be
assigned, with the appurtenances, to the said castle and
fort conveniently adjoining ; and covenanted with the
Crown to keep and maintain, at their own cost and
charges, in the said castle and fort, a ward of so many
men well and sufficiently armed, and expert officers, as
should be necessary for the defence thereof ; but the
said Society, having surrendered or agreed to surrender
to the Crown certain customs to them granted. His
Majesty King Charles the Second was pleased to release
the said covenants on the part of the Society ; and to
declare that, for the future, the said Society, over and
above the repairs of the said castle and fort, be charged
only with the yearly sum of £200 for the governor of
the said castle and fort, towards maintaining a garrison
48 HISTORICAL NARRATIVE.
therein, and providing them with arms and ammunition ;
and also with the said three hundred acres of land, and
the profits thereof."
1766. 16th July. — It was ordered that the Eecorder's
opinion should be taken, whether it would be legal for
the Society to let the houses in Londonderry and
Ooleraine, with the acres and perches, in perpetuity.
5th August. — The Eecorder was of opinion that the
Society had the power to let leases in perpetuity.
27th August. — The committee made a report, setting
forth their reasons for the propriety of granting leases
renewable for ever.
1768. 22nd April. — The corporation of Londonderry
having sent a memorial to the Society, for their consent
to the making a bridge over Lough Foyle, the committee
made a report thereon, recommending such consent.
14th September. — A license was granted to the cor-
poration of Londonderry, to dig for lime and stone on
Termonbacca.
1771. 27th March.— The Society contributed £300
for the repair of Coleraine church.
1786. — Early in this year a fire happened at Guildhall,
by which part of the old Irish Chamber was consumed,
and many of the Society's documents and books were
destroyed.
8th June. — The Society assented to the proposition
for erecting a bridge at Londonderry, over the river
Eoyle.
HISTORICAL NARRATIVE. 49
1788. 19th November.— The Society contributed £50
to celebrate the centenary of 7th December, 1688, at
Londonderry.*
1789. 30th January. — The committee recommended
£200 to be granted, for repairing the market-house at
Coleraine.
29th April. — The pi'oposed timber-bridge at London-
derry was estimated to cost £10,000. A memorial,
was sent by the corporation to the Society on the subject
and to obtain a lease of the tolls in perpetuity.
15th July. — The committee made a report on the said
memorial, which the Society confirmed, granting their
request ; for which the corporation afterwards returned
their acknowledgments.
* The connnemoration of the Shutting of the Gates is celebrated
annually on this day. The drums beat at daybreak, the cannon used
during the siege are discharged, and the red flag, the emblem of the
virgin city, is hoisted on the cathedral. A procession of the authorities
is formed, and a sermon is preached at the cathedral or in one of the
Presbyterian chapels, in rotation. At 2 o'clock the apprentice boys go
through the ceremony of shutting the gates, and afterwards assemble in
" the Diamond," where King James's colours, taken in the siege, are
displayed. The rest of the day is given up to public amusements.
The city guns are now placed about the bastions, four of them being-
inscribed "Yintners, London, 1642," "Grocers, London, 1642," "Mer^
cers, London, 1642," "Merchant Taylors, London, 1642." Among the
others, one bears date 1609, with the arms of the Queen, a rose, sur-
mounted by a crown with E.E. at each side, and another bears the arms
of the Irish Society. Another, called " Eoaring Meg," is mounted on a
carriage in honour of her great services. She was given by the " Fish-
mongers, London, 1642," and owes her name to the clear utterance of
her terrific thunder over the clang and confusion of the deadly strife
of the last and memorable siege.
E
50 HISTORICAL NARRATIVE.
21st October. — It was directed that the secretary of
the Society should be sworn before the Mayor, at a
Court of Aldermen.
It was resolved, that the officers of the Society should
be elected annually.
1798. 27th July. The Society contributed £100
towards suppressing the rebellion in Ireland.
1802. 15th June. — Two hundred pounds were contri-
buted towards rebuilding the cathedi^al spire at London-
derry.
1814. 22nd July. —The Deputy-Grovemor and Treas-
urer had an interview with Sir George Hill on the
subject of the Bill before the House of Commons for
rebuilding the Londonderry bridge, when it was aiTanged
that foot passengers should not pay toll for bundles
under thirty pounds weight ; and that the rights of the
Society should be saved.
In this year a deputation went to Ireland, where they
surveyed the property of the Society, and made such an
inquiry into their rights as subsequently produced very
important and beneficial results. The principal matters
to which their attention was directed were : " the
establishment of schools ; the right of the Society to
control the proceedings of the corporations of London-
derry and Coleraine; the right to the slob or strand
inclosed from the rivers Foyle and Bann ; the right of
the Society to the cut out and reclaimed bogs ; the right
to the Sheriffs' Mountain and other properties claimed by
HISTORICAL NARRATIVE.
51
the corporation of Londonderry to be held by them in-
dependent of the Society," &c.
The deputation afterwards made and published a
report of their proceedings.
1819. 22nd June. — The Society contributed a sum of
money for the embellishment of Londonderry Cathe-
dral.
17th July. — The Court feeling the importance of
bringing to a conclusion all matters in dispute between
the Society and the corporation of Londonderry, and the
subject having been fully discussed, it was resolved that
a deputation should proceed forthwith to Londonderry,
with full instructions to act.
1821. 6th September. — The Society granted the sum
of twenty guineas as a present donation to the funds of
the establishment at Londonderry, called the North-
West of Ireland Society for the encouragement of
agriculture, arts, manufactures, and fisheries ; and, in
future, an annual sum of ten guineas, during the
pleasure of the Society.
5th October. — The committee reported that having, in
the course of their investigation of the proceedings of
the Society, observed the great benefit resulting from
the deputation sent from the Society in the years 1814
and 1819 to Ireland, to inspect and report upon the
state of the Society's property, and the best means of
its improvement, and the advantage of the tenantry and
population, strongly recommended to the Court, and to
52 HISTORICAL NARRATIVE.
the future members of the Society, the propriety of
frequent similar deputations to Ireland, for the like
desirable purposes.
1822. 7th February. — The Society resolved to enter
into a treaty with the Improvement Committee for the
purchase of the piece of ground in Guildhall yard for the
purpose of erecting a building for conducting the
business of the Irish Society.
7th December. — A report was made on the subject of
reducing the rents in the Quarter-lands, and it was
recommended that one-ninth of the annual rent should
be reduced.
1825. 26th May. — The law agent was instructed to
proceed forthwith against the corporation of Derry,
under the Act of 1814, for rebuilding the bridge.
1827. 7th April. — A Bill having been introduced into
the House of Commons to regulate the salmon fisheries,
the provisions of which appeared to be detrimental to
the interests of the Irish Society, it was ordered that the -
progress of the bill should be watched and opposed.
4th May. — A petition was prepared against the
Salmon Fishery Bill, to which the seal of the Society
was affixed, and the same was afterwards presented to
the House of Commons. After a long and arduous con-
test, the promoters of the Fishery Bill were obliged to
abandon the measure.
HISTORICAL NARRATIVE. 53
1828. 6th March. — It was resolved to oppose the
Salmon Fishery Bill, the same having been again intro-
duced into Parliament, and it was eventually defeated.
26th May.-— Letters of thanks were received from
various proprietors of salmon fisheries, for the successful
opposition which the Society had given to the Bill.
29th December. — A deputation from the corporation
of Londonderry attended and submitted all their
accounts for inspection, and continued in attendance
from day to day for the purpose of explaining the
particulars of their income and expenditure, in order to
induce the Society to discontinue the information insti-
tuted in Chancery against the corporation under the
Derry Bridge Act, by which they were required to set
apart £1,000 a year for the purpose of building a
substantial bridge ; and it was ultimately agreed that
the corporation should invest £500 a year and that the
proceedings should be withdrawn.
1831. 28th July. — A petition was resolved upon by the
Society, and the same was prepared and laid before his
Majesty, on the subject of the advowsons granted by
charter to the Society, and a report was made thereon.
17th February. — It was resolved that in future the
members of the Irish Society be appointed from the
wards in rotation in like manner as the several com-
mittees of the court are appointed.*
* Up to this time Assistants had been appointed from among such
members of the Common Council as were liverymen of some one of the
Companies originally interested in the Irish estates.
54 HISTORICAL NARRATIVE.
3rd November.^It was resolved that the Society
would sustain for one year the expenses (not
exceeding £750) prayed for by the corporation of
the city, for the support of the magistracy, on the ^
condition that immediate measures be adopted within
the succeeding year for decreasing the tolls of the bridge
to the scale of the year 1800, so as to benefit the whole
community trading to Londonderry, as well as the whole
province of Ulster, and that the same be paid half-yearly.
The Society contemplated at the same Court the
reformation of the corporation, to the end that it
might be restored to the efficiency intended by the
charter.
These measures having been communicated to the
deputation from the corporation, they then delivered
a written address expressive of their gratitude and
acquiescence in the objects suggested by the Society.
At this Court the Secretary presented and read an
order of Common Council of 27th of October last, re-
quiring the Society to furnish accounts and to exhibit
their records to the inspection of every member of the
Court of Common Council.
25th February. — The Society resolved that a state-
ment of their receipts and expenditure for the last eight
years should be printed.
1832. July 7th. — The Society applied for the discon-
tinuance of the office of Governor of the Fort of Cul-
more. The office was, notwithstanding, filled up.
HISTORICAL NARRATIVE. 55
m
July 16th. — A Bill was filed by the Skinners'
Company against the Society, the Associated Companies,
and the Corporation of London ; a copy of the prayer
will be found in the Appendix.*
1834. October 4th. — Grrant for the first time made
for the official salaries of the Corporation of Derry.
1836. April 30th. — An application was made to the
Court of Common Council to purchase the Crown Rents
in the new Plantation in Ulster, offered for sale by the
Grovernment.
1837. March 21st. — The Society procured certain
alterations in the Irish Municipal Bill in favour of the
City and County of Londonderry.
May 24th. — The Society erected monuments in
Griendermot Churchyard, to the memory of Colonel
Mitchelburn, and Colonel Murray, English officers
distinguished in the defence of Derry.
1838. February 8th. — Application made by the So-
ciety to the Grovernment that the Culmore lands and
revenue should be made over to the Society for aiding
in building a toll free bridge over the Foyle.
June 20th. — Londonderry Bridge Bill passed, t
* This suit was ultimately carried to the House of Lords, and a copy
of the judgment therefrom will be found in the Appendix.
t The old bridge was built at the cost of £16,294, and opened in 1791.
Before this the ferry was used. In 1776, Arthur Young, in his " Tour,"
says, " reached Derry at night and waited two hours for the ferry boat
to come over." *
56
HISTORICAL NARRATIVE.
October 17th. — The Society promoted the construc-
tion of the Londonderry and Enniskillen Railway.
1844. October 3rd. — The Society promoted the con-
struction of the Londonderry and Coleraine Railway.
1845. December 23rd.— Grant made of £300 towards
the enlargement of Coleraine Church.
1846. February 10th. — Grant made towards the con-
struction of a pier at Molville Bay. *
1847. February 10th.— Grant made of £500 to the
new gate in the City Walls. t
November 23rd. — Grant made of £250 for the erec-
tion of a clock tower on the Corporation Hall, London-
derry.
1849. January 23rd. — The Government House was
erected on the town land of Termonbacco, the property
of the Society, as an official residence for their General
Agent, and for the use of the Society.
1849. February 7th.— The sum of £500 was granted
for improvements under the Londonderry Improvement
]iill, which had received the royal assent on the I4th
August, 1848.
* A favourite watering-place eighteen miles from Londonderry.
t The walls of Derry are now its most ancient remains. After the
lapse of centuries, the fortifications retain nearly unchanged their origi-
nal form and character, the extensive ditch being covered over by the
reats of houses. In 1824, the north-west bastion was demolished to make
room for the erection of a market, and in 1826 the central western bas-
tion was modified to allow of the introduction of the memorial column
to Governor George Walker.
HISTORICAL NARRATIVE. Ot
1851. November 25. — The Society renewed its peti-
tion in favour of abrogating the sinecure office of the
Governor of the Fort of Culmore, on the first occasion
of a vacancy occurring.
1853. September 27. — The Society sanctioned the
project of the establishment of the Ooleraine Academical
Institution as a school for intermediate middle-class
classical education.
December 27. — The Society gave £1,000 towards the
building of the Magee Presbyterian College in London-
derry, which was completed in 1861.
1854. June 27. — The Society sanctioned a proposal
to render the Eiver Bann navigable from the sea to
Coleraine by removing the bar of sand at the mouth of
the river.
October 31. — The Society agreed to erect a chapel
and chaplain's residence in the cemetery of London-
derry.
October 31. — Grants of £2,100 were made to aid in
the construction of waterworks for the city of London-
derry.
1854. October 31. — A grant of land was made to
the city of Londonderry for dock purposes, together
with a sum of £1,000 per annum for seven years,
towards the contemplated works.
1855. January 23. — The Society granted the sum of
£500 towards the patriotic fund raised in the city of
Londonderry.
58 HISTORICAL NARRATIVE.
1856. May 27. — The Society erected infant-schools
in Coleraine.
October 1. — The Coleraine Town Hall was erected
at a cost to the Society of more than £2,500.
1858. October 26. — The Society granted sums
amounting to £750 towards the alterations and repairs
of the Cathedral Church in Londonderry.*
1860. August 7.— The death of Lord Strafford, the
Grovernor of the Fort of Culmore, having taken place,
the Society opened a communication with the Govern-
ment, with the object of obtaining possession of the
lands of Culmore upon certain conditions, and after
lengthened negotiations the Society purchased of the
Commissioners of Woods and Forests the fee simple of
the fort and lands at Culmore.
1861. April 23. — The Society agreed to endow one
of the Professors' Chairs of the Literary and Scientific
Department in Magee College, Londonderry.
1863. September 25. — The new bridge, towards
which the Society had contributed £1.0,000, was
opened by his Excellency the Lord Lieutenant of
Ireland, in the presence of a deputation of the Society
and a large concourse of persons. In the evening a
*The Cathedral was rebuilt in 1663, at the cost of £4,000 to the
Society. It had formerly a spire of wood, leaded, hut it was decayed
and taken down before the siege. The lead was preserved (to be used
in the new erection), but during the siege it was used for bullets.
The Church was much injured in the roof from bombs, as it became a
conspicuous object of attack, the situation being so commanding.
HISTORICAL NARRATIVE. 59
banquet was given in honour of the event, at which
the Earl of Carlisle and the deputation of the Society
were the chief guests.
September 26. — The Loughswilly Eailway was
opened to Farland Point by His Excellency the Lord
Lieutenant, the deputation of the Irish Society being
present as the guests of the Company.
October 28. — The Society made a conditional grant
to the Coleraine Town Commissioners of £10,000
towards the cost of opening up the navigation of the
river Bann.
October 28. — The Society made a grant for the
repairs of Foyle College.
October 27. — A proposal being made to restore the
Old Church of Culmore upon its former site, the
Society agreed to grant an endowment of £76 per
annum in the event of the Church being erected by
public subscription.
November 6. — The Society determined that, with a
view to encourage the outlay of capital in the erection
of a better class of buildings on the Society's estates,
and also to facilitate the building of warehouses and
other accommodation rendered necessary by the in-
crease of trade and commerce, they would in future
grant leases for the term of 80 years in cases where
the amount to be expended should be deemed adequate.
1864. April 24. — The corporation of Londonderry
applied to the Society to sanction a Bill proposed to be
60 HISTORICAL NARRATIVE.
introduced to Parliament, called "The Londonderry
Improvement Bill." After conference, and several
modifications had been agreed to be made, the Bill
passed, and received the Eoyal assent July 14th.
May 12. — It was resolved " That an application be
made to the Court of Common Council that they would
sanction an application to Parliament by the Society
to alter so much of the existing Charter as limits the
appointment of Assistants to two years, by sub-
stituting in lieu thereof a period of four years."
Upon this resolution being brought up, a motion
was submitted by the Deputy-Governor, that the
Court of Common Council should agree with the
Society in its recommendation. After discussion, the
" previous question " being moved, the motion was by
consent withdrawn.
August 10. — The Corporation and Citizens of Lon-
donderry gave a banquet in honour of the Society, in
the Town Hall, at which the Members of the Visitation
attended.*
August 12. — The first stone of the Presbyterian
Church at the Waterside, Londonderry, was laid, in
*At this banquet, for the first time, the " loving cup " was intro-
duced. The goblet appears to have been presented to a former Mayor
of the City, with the following inscription : — " Presented by the
Honourable Society of the New Plantation in Ulster, within the realm
of Ireland, to William Kennedy, Esq., Mayor of Londonderry, in
return for his polite reception of their Governor, Robert Alsop, Esq.,
during his abode in that City, in the year 1765."
HISTORICAL NARRATIVE. 61
the presence of the Members of the Visitation, by
Charles Eeed, Esq., F.S.A., the Deputy-Grovernor.
August 15. — The Chairman of the Town Commis-
sioners of Coleraine gave a banquet to the Visitation
in the Town Hall of Coleraine.
September 7. — The Society let, by public tender,
their salmon fisheries in the Foyle and Bann, for the
sum of £4,625 per annum.
September 27. — The Society, on the return of the
Visitation to London, received congratulatory addresses
from the City of Londonderry and the Borough of
Coleraine.
October 2. — The Society having received the report
of the Visitation of their visit and survey of the bar at
the mouth of the river Bann, confirmed the grant of
£10,000 for the projected works for opening up the
navigation of the river.
October 25. — The Society granted a further sum
of £250 per annum for five years towards the general
expenses of Magee College, upon condition that the
Institution be opened in the year 1865.
The Society erected new houses for the coast guard
at Culmore.
The Society erected a school at Molenan, in place of
the old school house.
October 27. — The Society granted in addition to its
former donations of £500 and £100 per annum to the
62 HISTORICAL NARRATIVE.
Coleraine Academical Institution, £100 per annum for
five years, to be appropriated towards the salary of the
principal, Mr. A. W. Young, and in the month of
November the Society further granted the sum of £500
to the general funds of the institution.
1864. December 20th.— The Society granted £200
to assist in the erection of a new meeting house for
the Derry Waterside Presbyterian Congregation.
1865. June 27th. — The Society agreed to erect new
schools at Culmore. These schools were completed in
1866, at a cost of upwards of £900. An inscription,
showing by whom they were erected, appears over the
entrance. They are supported by annual grants from
the Society, and, being placed under the National
Board of Education, the teachers' salaries are supple-
mented by allowances from that Board.
November 14th. — The Society granted £100 for the
purpose of recasting a bell and providing a chiming
apparatus for Londonderry Cathedral.
The Society voted £100 to the Londonderry Female
Penitentiary towards liquidating a debt remaining on
the building. A subscription of £20 is granted
annually to this institution, which has for its object
the reclamation of fallen women.
The Society granted £100 to assist in the erection
of the Parochial District Church at the Waterside,
Londonderry, in addition to £200 previously voted
for this purpose.
HISTORICAL NARRATIVE. 63
The Society ordered the construction of a new road
along the shore at Culmore, and the erection of a
water wall to protect the same ; these works were
completed in 1867, at a cost of about £530.
November 28th. — The Society agreed to erect new
schools at Coleraine, the original building being in
great need of repair, and no longer affording sufficient
accommodation for the wants of the neighbourhood.
The foundation stone was laid during the Visitation of
1867, by the Q-overnor, Alderman Sir Wm. Anderson
Rose ; the building was completed and opened for
public instruction in 1869, the total cost amounting
to nearly £5,500. The schools form an ornament to
the town of Coleraine, and rank among the first in the
North of Ireland ; they are placed under the National
Board of Education, and afford free instruction to over
600 scholars ; they are principally maintained by the
Society, the teachers' salaries being supplemented by
the National Board. The General Agent of the Society
is ex officio the manager, and the details of management
are in the hands of a local Committee.
1866. January 23rd. — The Society having been in-
formed that the Admiralty intended removing the
Coastguard station from Culmore, a deputation was
appointed to confer with the Lords of the Admiralty
with a view to induce them to abandon such intention,
and, in consequence of the representation made by the
Society, the force was continued.
64 HISTORICAL NARRATIVE.
The Society agreed to enlarge Boghill School
premises. This school is situate near Coleraine, and
is placed under the National Board, and the Society
contributes annually towards its support.
The Society ordered a reservoir with a 3 in. main to
be constructed at Culmore, to afford the inhabitants a
better supply of water free of rates ; the cost of these
works amounted to upwards of £450.
March 27th. — Through the assistance of the Society
and the Ecclesiastical Commissioners, additional ac-
commodation was provided in the Parish Church of
Coleraine.
April 24th. — The Society granted £100 towards the
erection of a new hall in connection with the Youiig
Men's Christian Association at Londonderry.
May 8th.— Mr. T. Kennedy, M.P. for Louth,
brought before the House of Commons a motion to
the following effect, viz. : —
'• To call attention to the recommendations contained in
the Report (1854) of the Commissioners appointed to
enquire into the state of the Corporation of the City of
London, recommending that the property of the Society
should be vested in Trustees appointed by the Lord
Chancellor of Ireland, and to move for papers."
The Government, however, declined to support this
motion, and Mr. Kennedy ultimately accepted a resolu-
tion limited to requiring a return of the Eeceipts and
Expenditure of the Society from 1845 to 1865, and
HISTORICAL NARRATIVE. 65
copies of standing Orders made since 1845, relative to
Leases. These returns were duly prepared by the
Secretary, and laid upon the table of the House.
The Society assisted in promoting and obtaining
improved legislature to enable oyster culture to be
carried on with greater facilities and under better
security by owners of fisheries and their lessees.
October 23rd. — Upon the appointment of the Rev.
Percy Robinson to the head mastership of Foyle College,
Derry, the Society increased the annual grants to this
Institution.
November 27th. — With a view to a better protection
of the Salmon Fisheries in the River Bann, the Society
acquired from the Worshipful Company of Cloth workers
a small Fishery outside the mouth of that river, called
the " Fair Offer " Fishery.
The Society ordered the erection of a new boundary
wall round the ancient Burying Ground of Killea, in
the Upper Liberties of Londonderry, and a care-taker's
cottage and entrance gate. The cottage bears a suitable
inscription with the names of the Grovernor and Deputy
Governor, and a fac-simile of the Society's seal.
1867. February 5th. — The Society resolved to provide
a stained glass window for the new church at Culmore,
which was placed at the eastern end of the building, with
a brass tablet beneath, engraved with the Society's seal,
and the following inscription : —
" This window was the gift of The Hon. the Irish Society,
who endowed this church. Sir William Anderson Rose,
66 HISTORICAL NAKKATIVE.
Alderman, Governor ; Franeis Wyatt Truscott, Esq., Deputy
Governor. A.D., 1867."
26th March. — Arrangements were made for widening ,
Clarendon Street, Londonderry, and the Society gave up
to public use their interest in land required for the
purpose.
April 16th. — A letter of thanks was received from the
Derry Corporation for the assistance thus afforded by
the Society.
May 28th. — In order to provide a better approach to
the Quays at Londonderry, the Society agreed to pur-
chase up the tenants' interest in a block of buildings at
Shipquay Place, and to rearrange the land thus acquired :
the cost of this great public improvement exceeded
£6,400.
July 23rd. — Complaints having been made by the Fish-
ing Lessees that poaching was being carried on to a great
extent in Lough Foyle, the Society applied to Govern-
ment for assistance to suppress the same, and a gun-boat
and cruiser cutter were ordered to be dispatched to the
Foyle to protect the Fisheries.
October 22nd. — The Society agreed to an annual
allowance for house rent being made to the clergyman
appointed to the new church at Culmore until such time
as a parsonage was provided.
The Society mooted the question of freeing London-
derry Bridge from toll, and offered to assist this work by
a grant of money to be paid annually, over a period of
years. This suggestion was taken up by the Corporation
HISTORICAL NARRATIVE. 67
of Londonderry and the Grand Juries of the counties,
and a Bill was subsequently introduced into Parliament
to carry out this object, but met with such opposition
from one of the neighbouring counties, the inhabitants
of which it was proposed should be taxed, as necessitated
its withdrawal.
The Society provided a new bell for the Parish Church
of Glendermott, at a cost of over £100 ; it bears the
following inscription : —
"The Hon. the Irish Society gave me to the Parish of
Glendermott. Sir William Anderson Rose, Governor;
Francis Wyatt Truscott, Esq., Deputy Governor, 1867."
The Society ordered the new hall, in connection with
the Young Men's Christian Association, Londonderry,
towards the erection of which the Society had liberally
contributed, to be enclosed with a suitable iron railing,
at a cost to the Society of £100.
November 22nd. — The Society voted grants to the
Derry Corporation of £700 to defray the expense of
covering the streams supplying the reservoirs of the
public waterworks at Derry, and of £1,000 to assist in
the erection of a new market in that city.
The Society agreed to provide an Organ for the new
church at Culmore.
Upon an application from the Town Commissioners
of Coleraine the Society's grant of £10,000 towards
the removal of the Bar at the mouth of the Eiver
Bann (page 61) was varied by appropriating £3,000
to assist in deepening the River, the Commissioners
f2
68 HISTORICAL NARRATIVE.
having decided to carry out that portion of the work
first.
November 26th. — The Derry Corporation forwarded a -
vote of thanks to the Society for the reception accorded
to them by the late visitation and for the prompt manner
in which the wishes of the Corporation as regards the
waterworks and markets had been met. The Town
Commissioners of Coleraine also forwarded a Resolution,
passed by them, thanking the Society for the assistance
promised towards the dredging operations in the River
Bann.
December 17th — The Royal Agricultural Society of
Ireland having arranged to hold their Annual Show in
Derry, in August, 1868, the Society voted £100 towards
the general expenses, and a Silver Cup of the value of
£50 for the best collection of Agricultural Implements.
1868. January 28th. — Application having been made
to the Society for assistance to enable certain extensive
repairs to be carried out at Foyle College, the Court
considered that before complying with any such request
the Society should have some voice in the management
of the College, and also deemed it desirable in the
interests of the inhabitants of Derry that the education
afforded should no longer remain exclusively classical,
but that opportunities should be offered for properly
instructing youths destined for commercial life.
With this view a scheme was prepared for the approval
of the Bishop, Dean and Chapter of Derry, in whom the
College was then vested, which provided, i^iter-aZm, for
HISTORICAL NARRATIVE. 69
the Society being represented on the Board of Manage-
ment, and for the establishment of a Commercial Depart-
ment, and the Court agreed, in the event of this scheme
becoming operative, to largely increase the annual grants
to the College, to provide accommodation for the Com-
mercial Department, and to recoup the Head Master for
expenses he had incurred in repairs, &c., to the building
to the extent of £1,000. Before, however, this scheme
had received the full sanction of the authorities the Irish
Church Act was passed, and the Bishop, as a Corpora-
tion sole, and the Dean and Chapter, as a Corporation
aggregate, ceased to exist, so that there was no longer
any legally constituted body who could deal with the
question ; notwithstanding this, however, the Commer-
cial Department was established and supported by the
Society, and the grant referred to paid to the Head
Master and eventually, as will be seen hereafter, the
management of the College was, by a special Act of
Parliament, placed on a more satisfactory footing.
May 26th. — The Society purchased, at a cost of £1,000,
their lessees* interest in a house at Culmore, for the
purpose of providing a residence for the Incumbent of
the new Church there.
October 20th. — Complaints having been made by the
Fishery Lessees that poaching was being carried on in
the River Foyle by several of the Society's tenants,
notices were served upon each one suspected, warning
them against such illegal practice.
70 HISTORICAL NARRATIVE.
A vote of thanks for providing the new reservoir and
a supply of water to the inhabitants of Culmore was
presented to the Society.
The Society agreed to assist in the erection of a
boundary wall round the new Culmore Church.
November 23rd. — The Society, finding that gravel
and shingle had been removed from the shores of Lough
Foyle to the injury of properties abutting upon the
Lough, issued a notice warning parties against such
encroachments, and stating that the General Agent
would grant permission for removal of gravel, &c., from
those parts of the shore where it would not cause injury
to the adjoining properties.
1869. February 8th. — The Society entered into an
arrangement for purchasing up sundry rights of fishing
claimed by certain parties in the Eiver Bann above the
Cutts at Coleraine, which resulted in their becoming
undisputed owners of the whole fishery in the Bann
from Lough Neagh to the Sea.
March 9th. — Mr. Maguire, M.P. for Cork, gave
notice of motion in the House of Commons, as follows,
viz. :—
" That an humble address be presented to Her Majesty
that she will be graciously pleased to issue a Royal Com-
mission to enquire into the management of the Estates of
the Irish Society and the London Companies, with a view
to consider whether, in these times and under existing
circumstances, it might not be advisable for the public
interest to recommend the annulling of the Charters of
HISTORICAL NARKATIVE. 71
said London Companies and the sale of their Estates, with
the right of preemption to the occupying tenants."
This motion Mr. Maguire subsequently withdrew and
substituted, in lieu thereof, the following, viz. : —
" That an humble address be presented to Her Majesty
praying that she will be graciously pleased to issue a Royal
Commission to enquire into the manner in which the Irish
Society administer the property which, according to their
own admission in their Law Suit with the Skinners' Com-
pany, they hold as Trustees for the benefit of their trust,
and to consider whether, under a totally different state of
circumstances from those in which the Society had their
origin, it would not be advisable to carry into effect the
recommendation of the Royal Commission of 1854 on the
Corporation of London, &c."
April 13th. — This Motion was brought forward on
April 13th, and after a long debate thereon, which
lasted nearly six hours, was, upon the suggestion of
the Grovernment, withdrawn.
July 27th. — The Society consented to certain altera-
tions being made at the Cutts, a fishing station on the
River Bann, near Coleraine, as suggested by the Fishery
Inspectors, and a letter was subsequently received from
that body thanking the Society for so cordially co-
operating with them in such work.
The office of Water Bailiff was discontinued, the
fishery lessees being bound by the terms of their lease
to efiiciently protect the Society's fisheries.
October 14th. — The Society granted £1,000 to assist
in the erection of a suitable building for the London-
72 HISTORICAL NARK ATI VE.
derrj Academical Institution, which was founded in
1868 for the purpose of preparing boys for college and
mercantile pursuits. The Society had previously
offered a grant of their interest in any site upon their
property which might be selected for this building, but
a suitable one could not be obtained on the Society's
estate.
November 23rd. — In consequence of the passing of
the Irish Church Act, the Society was deprived of the
Advowson of Coleraine, the only living left in the
Society's hands. Application was accordingly made to
the Irish Church Commissioners for compensation in
respect thereof, which was subsequently granted.
1870. January 17th. — The Society agreed to extend
the term of building leases from ' 80 to 99 years in cases
where the outlay contemplated was deemed adequate.
May 24th. — The Lords of the Admiralty having
decided to withdraw the Coastguard Station from Cul-
more, it was agreed to accept from them a surrender
of the lease of the houses originally built by the
Society for the accommodation of the Coastguardmen,
and arrangements were made for two of the houses
being used as a Constabulary Station.
. October 7th. — The Society granted assistance to the
Derry Free Episcopal Church towards liquidating a
debt incuiTed in the erection of an Organ.
The Society granted during pleasure £60 per annum
towards the fund for maintaining the fabric of London-
derry Cathedral.
HISTORICAL NARRATIVE. 73
The Society ordered grants to assist in the erection
of railings around the First Presbyterian Church, and
the Waterside Presbyterian Church at Londonderry.
November 22nd. — In reply to a memorial from
the clergy and congregation of Coleraine Parish Church,
the Society agreed to grant £200 towards the erection
of a School House in connection with that Church.
1871. March 28th. — The Society made arrangements
with the Irish Church Temporalities Commissioners,
under the provisions of the Irish Church Act of 1869,
for extinguishing the Tithe Eent Charges, paid an-
nually by them, on their estates by fixed annual in-
stalments extending over 52 years.
The Society granted a sum of £200 per annum, for
three years, towards the general expenses of Magee
College, conditional upon the full number of Pro-
fessors' Chairs being maintained out of the other funds
available for the purpose.
The Society granted a donation of £100 to the
Coleraine Academical Institution.
April 25th.^The Society contributed towards the re-
building of the Chapel of Ease, Derry.
June 27th. — The Society voted a sum of £30 to be
paid annually during the pleasure of the Court, for the
purpose of maintaining the fabric of Coleraine Parish
Church.
October 3rd.— The Society granted £120 for the
erection of a Labourer's Model Cottage on the Culmore
Estate.
74 HISTORICAL NARRATIVE.
November 20th. — The Society granted a retiring
pension of £60 per annum to the Head Master of the
Society's Schools, Coleraine.
April 23rd. — A deputation from the Society was
appointed to wait upon the Secretary of State for War,
with a view of inducing the Grovernment to select Lon-
donderry as a Military Centre.
The Society agreed to improve Hanover Square
Gardens, on the banks of the River Bann, at Coleraine,
and arrangements were entered into to provide for their
future preservation, the Society granting a sum annually
for this purpose.
November 5th. — It having been reported that in
various parts of the lands granted by the Crown to the
Society and by them divided amongst the London
Companies, there existed valuable Mines of Coal and
ton, capable of being worked to profitable advantage,
the Society directed letters to be sent to those Companies
still holding Estates in Ireland, drawing their attention
thereto.
The Society made a grant of £100 to the Coleraine
Academical Institution, in addition to their endowment.
This additional assistance was continued annually for
some time.
November 26th. — By the death of the Fourth Marquis
of Londonderry, the leases of several valuable properties
reverted to the Society, and the various Holdings were
re-let on a re-valuation to the occupying tenants.
HISTORICAL NARRATIVE. 75
1873. January 28th. — The Society granted a further
sum of £200 to the Londonderry Academical Institution,
in addition to the previous grant of £1,000.
February 11th. — The Society entered into arrange-
ments with the lessees of the Foyle and Bann Salmon
Fisheries, for a renewal of their lease at an increased
rent of £5,000 on the condition of their taking steps to
establish Oyster Culture in Lough Foyle, a rent being
reserved for all portions of the Lough taken for this
purpose, and a Eoyalty on the sales or percentage on
the profits as the Society might determine.
March 4th. — The Society appointed a deputation to
wait upon the Chief Secretary for Ireland with reference
to certain alterations in the fishery laws, which it was
considered desirable to obtain.
March 21st. — In a trial on appeal, before Baron
Dowse, at the Londonderry Assizes, the Society's rights
to the whole fishery in the River Bann, from Lough
Neagh to the Sea, were most satisfactorily established ;
this was an appeal from the decision of the Coleraine
Bench of Magistrates, who held that the use of the
fixed net at the Cranagh on the River Bann was illegal,
and necessitated the proving by the Society of the
existence of a several fishery in the whole of that river
prior to Magna Charta. The Judge, in deciding in
favor of the Society, concluded by saying that there
never was a clearer case proved in court, and the de-
cision of the Magistrates was reversed.
76 HISTORICAL NARRATIVE.
May 27th. — The Society provided a new boat for the
ferry at Culmore Point, they having undertaken the
working of this ferry.
May 29th. — The governorship of the Society, having
become vacant by the resignation of Alderman and
Colonel Sir W. A. Rose, who had filled that office during
the past ten years, the Court of Common Council
appointed the Eight Honorable Sir Sydney Hedley
Waterlow, who was then Lord Mayor, as his successor.
June 25th. — The Irish Church Act having deprived
the various parishes of their glebe houses, subject how-
ever to a right in the church bodies to repurchase the
same at a fixed rate, application was made to the
Society for assistance towards purchasing the Deanery
• House, Londonderry, as the Grlebe House of the parish
of Templemore, in which is included the entire city of
Derry, and one hundred and fifty guineas was granted
towards this object.
July 22nd. — The Society granted £105 towards a
fund being raised for the relief of certain poor fishermen
in Ireland.
October 1st. — The Society made a grant of £100 to
assist in purchasing the Glebe House and land for
Killowen Parish Church.
The Society granted £150 per annum, for three years,
towards the general expenses of Magee College.
The Society ordered the tombs erected in dendermott
Churchyard, in memory of Colonels Mitchelburne and
Murray, the two English officers who distinguished
HISTORICAL NARRATIVE. i i
themselves in the defence of Derry during the siege, to
be repaired at the expense of the Society.
The Society resolved to lease the Culmore Ferry to
the lessees of the salmon fisheries with a view to assisting
in the protection of Lough Foyle from poachers.
The Society granted assistance towards purchasing a
new organ for St. Augustine's Chapel of Ease, Derry.
1874. January 27th. — The Society resolved to com-
municate with the Government and the Bishop of Derry,
with a view of obtaining such legislation respecting
Foyle College as would place it on a proper and
satisfactory footing, and afford the Society that
representation in its management which it was considered
right it should possess, bearing in mind the large contribu-
tions annually granted towards the support of that
Institution.
March 24th. — The Society ordered petitions to be
presented to Parliament against the Londonderry Port
and Harbour Bill ; and a bill introduced by the Belfast
and Northern Counties Eailway Company. The peti-
tion against the former bill was subsequently withdrawn,
a satisfactory arrangement being entered into with the
Commissioners, by which the Society made a further
free grant of valuable land for the extension of the
quays, and for ship-building, timber ponds, and other
harbour purposes.
The Society granted assistance towards repairing the
Organ in Londonderry Cathedral.
78 HISTORICAL NARRATIVE.
June 24th. — The Society made a contribution of £50
towards the extinction of the debt remaining on the
Congregational Church, Coleraine, towards the erection of
which the Society had liberally contributed.
A bill was prepared for the purpose of placing Foyle
College on a satisfactory footing, and providing a new
Groverning Body, consisting of the Bishop of Derry, the
Governor, and Deputy Grovernor of the Society, the
Moderator of the General Assembly and the Mayor of
Derry ; the appointment of Head Master being vested
in the Bishop and the Governor, subject to the Lord
Lieutenant's approval. By the valuable assistance of
Sir M. H. Beach, Bart., M.P., the Chief Secretary for
Ireland, this Bill passed into an Act during the session
of 1874.
August 21st. — The members composing the visitation
accompanied the Londonderry Port and Harbour Com-
missioners on the occasion of their Annual Inspection
of the Port, and were entertained by that body at a
banquet in the evening.
October 6th. — The Society made a grant of £105 to the
Londonderry Wesleyan Methodist Congregation towards
the discharge of a debt incurred in enlarging their place
of worship.
The Society contributed £100 to assist in enlarging
and repairing the Hall in connection with the Young
Men's Christian Association, Derry.
The Society voted £200 towards the erection of the
Apprentice Boys' Memorial Hall in Derry, which it was
HISTORICAL NARRATIVE. 79
proposed to erect as a memorial of the gallant services
in the cause of civil and religious liberty, of the Appren-
tice Boys who closed the Derry Gates on 7th December,
1688, and as a Working Men's Club.
The Society made a grant of £1,000 for the purchase
oE Land for a Cemetery at Coleraine, on condition that
it would be open for the burial of persons of all
denominations.
October 26th. — The Society agreed to subscribe
towards the cost of obtaining an Act to authorise the
construction of a Railway between Maghera and
Coleraine, which it was believed would materially add
to the prosperity of the latter town.
November 24th. — The Society afforded assistance
towards the establishment of a School of Art in Derry.
December 22nd. — The Society subscribed towards a
fund being raised for the relief of poor Fishermen in
Ireland.
1875. January 26th. — The Society made a grant of
£200 towards repairing and improving Coleraine Parish
Church, and purchasing a new Organ.
The Royal Agricultural Society having arranged to
again hold their Annual Show in Derry, the Society
contributed £100 towards the general expenses, and
voted £50 for Prizes to be competed for on that occasion.
February 9th. — The Society provided additional
accommodation at Coleraine Schools, and improvements
in connection with the Playground, &c. were carried
out, at a cost of upwards of £1,000.
80 HISTORICAL NARRATIVE.
April 27th. — The Society agreed to purchase from
the Irish Church Temporalities Commissioners the head
rents of the land in rear of Foyle College, and also the
land forming the site of that building, for upwards of
£700, on the terms of one quarter of the purchase
money being paid down, and the remainder, with interest
at 4%, being distributed over a period of 32 years.
These rents were formerly paid by the Head Master,
but the Society, on becoming the purchasers, consented
to allow the lands to be held for the use of the College,
rent free.
The Society granted a retiring allowance to the
Master of Culmore Schools, a similar allowance being
made by the National Board of Education.
July 27th. — The Society granted additional assistance
to the extent of £100 towards the Salaries of the
Masters at Foyle College.
Upon the motion of Mr. Lewis, M.P. for Derry, a
return was ordered to be made to the House of Commons
of the receipts and expenditure of the Society from 1865
to 1875, and copies of orders, and general resolutions
having reference to granting leases since 1820.
October 5th. — The Society increased the annual
grants to Londonderry Cathedral, and £300 was voted
for the restoration and general repair of the building.
The Society assisted in the purchase of a Glebe
House and Land for the Parish Church of Clooney,
Londonderry.
The Society agreed to grant £210 annually to the
Londonderry Academical Institution, to be devoted
HISTORICAL NAKRATIVE. 81
towards payment of Masters' Salaries and the granting
of two Exhibitions, and the Society relinquished all
right to 24 free nominations, to which their previous
grant of £1,200 towards the Building had entitled
them.
The Society made a grant for three years of £25 per
annum towards the support of the Londonderry School
of Art, recently estabKshed in that city.
The Society granted further assistance towards the
incidental expenses of Magee College.
With a view to assist the Coleraine Town Commis-
sioners in providing a better supply of water for the
inhabitants of Coleraine, the Society resolved to grant
a sum of £2,500, to be paid in annual instalments of
£500.
It having been found necessary to increase the market
accommodation at Coleraine, the Society granted the
Town Commissioners a site for the purpose, at a nominal
rent.
December 23rd. — A letter was received from the
Bishop of Derry thanking the Society for the assistance
granted to the Cathedral, in which his Lordship stated
that the generosity of the Society had never, in his
experience, failed, when a worthy object for its exercise
had been presented.
Vote of thanks from the Coleraine Town Commis-
sioners for the assistance granted towards improving the
Water supply and Market accommodation was forwarded
to the Court.
82 HISTORICAL NARRATIVE.
1876. January 2oth. — The Society granted further
assistance towards the enlargement and restoration of
the Parish Church, Coleraine.
The Society's attention having been drawn to the
dilapidated condition of several small dwellings on the
Culmore Estate, the Court resolved to erect six model
cot|;ages, at a cost of upwards of £860.
The Society again had under consideration the
question of freeing Derry Bridge from toll, and made
an offer to the Bridge Commissioners, to pay a large
proportion of the cost thereof, in relief of the
proportion which the city of Derry undertook to
pay when the Bill for this purpose was introduced
into Parliament in 1867, but the Commissioners did not
favourably entertain this proposal.
29th February. — The Society ordered returns to be
forwarded to the House of Commons of the receipts
and expenditure of the Society for 1875-6 ; also of the
detailed particulars of the total receipts of the Society
for 1866.
26th April. — An address, signed by 150 of the
leading inhabitants of Coleraine, was presented to the
Court, expressing their confidence in the Society, and
their appreciation of the liberal assistance afforded by
the Society to public improvements, and religious and
educational institutions in the town and neighbourhood
of Coleraine.
9th May. — Mr. Lewis, M.P. for Londonderry, had
purposed, pursuant to notice given, to bring forward
HISTORICAL NARRATIVE. 83
in the House of Commons the following motion,
viz. : —
" That, in the opinion of this House, it is expedient to
carry out substantially the main recommendations of the
Royal Commission of 1853, with reference to the Irish
Society of London, and that a select committee be appointed
to consider and report as to the best mode of doing so,
having regard to existing circumstances." j.
Petitions against this motion were presented by the
various Livery Companies, and also by the inhabitants
of Londonderry and Coleraine, and at the last moment
Mr. Lewis signified his intention of deferring his
motion to some future time.
3rd October. — The Society granted assistance towards
repairing the first Presbyterian church at Grlendermott,
and the erection of a Temperance Hall at the Water-
side, Londonderry.
The Society made grants to assist in purchasing the
glebe house and lands in connection with Faughanvale
parish church, and also the house and land occupied by
the minister of Faughanvale Presbyterian Church.
The Society contributed towards the cost of erecting
a Sunday School and Lecture Eoom in connection with
the Londonderry Free Church.
The Society voted a grant of £200 towards providing
a new church and schools for the fourth Presbyterian
Congregation, Londonderry.
The Society granted further assistance to Magee
College towards defraying the general expenses.
g2
84 HISTORICAL NARRATIVE.
The members, on their return from visiting the
Society's estates, reported to the Court the result of an
interview had with several of the leading inhabitants of
Derry on the subject of freeing Londonderry Bridge
from toll, and, after a very full consideration of the
matter, the Society resolved to assist in this important
undertaking by contributing one-half the cost of freeing
the bridge, except for railway traffic.
The Society made a conditional grant towards
repairing the monument erected to the memory of the
Rev. George Walker, governor of the city of Derry
during the siege of 1688-9.
The Society granted assistance towards liquidating a
debt remaining on the Waterside Presbyterian Church.
The Society voted £200 towards enlarging the Coler-
aine Academical Institution.
A memorial was presented by the Coleraine Town
Commissioners, asking for assistance in carrying out
improvements to the navigation of the river Bann by
the removal of the Sand Bar at its mouth upon a plan
proposed by Sir John Coode, C.E., viz., the erection of
two piers at the mouth of the river, and the completion
of the dredging of the ford, which it was estimated
would cost upwards of £55,000, and the Court agreed
to contribute £1,000 per annum, for 25 years towards
the carrying out this great public improvement, con-
ditional upon the Commissioners obtaining an Act of
Parliament enabling them to procure a loan from the
Treasury, and satisfactorily proving their ability to
HISTORICAL NARRATIVE. 85
raise such further monies as the Government might
require them to raise.
A resolution passed at a meeting of the Derry
Bridge Commissioners was forwarded to the Society
accepting, with thanks, the liberal ofPer made by the
Court to pay one moiety of the cost of freeing the
bridge from toll.
31st October. — The Society agreed to contribute
£200 towards the expenses connected with the intro-
duction of the necessary Bill into Parliament for carry-
ing into effect the proposed scheme for freeing London-
derry Bridge.
The Society agreed to assist in the promotion of a
Railway from Stranorlar to the town of Donegal.
The Society made grants towards the erection of a
Sunday School House, etc., in connection with the
Terrace Row Presbyterian Church, Coleraine, and an
Infant School-room and Care-taker's residence for the
Second Presbyterian Church in that town.
28th November. — The Society took steps to provide
for the insertion of such clauses in the proposed Bill for
freeing Derry Bridge, as would afford greater facilities
to the Society for raising their moiety of the amount
required.
The Coleraine Town Commissioners forwarded a vote
of thanks for the promised grant towards the improve-
ment of the Navigation of the River Bann.
The Fishery Inspectors issued a notice of a meeting
to enquire into the propriety of granting a license to a
86 HISTORICAL NARRATIVE.
Mr. Cochrane, to plant an Oyster Bed in Lough Foyle,
but, upon the Society representing that no application
had been made for the Society's consent to such an
arrangement, as required by law, the Inspectors declined
to hold such meeting.
19th December. — A report from a Special Committee
appointed with reference to Foyle College was presented
to the Court, and upon consideration thereof the Society
resolved to purchase, for the use of the College, the
furniture belonging to the Head Master.
1877. 23rd January. — Mr. M. C. Hime, M.A., was
appointed Head Master of Foyle College, and the Society
agreed to put the College Buildings in proper tenan table
repair, provide accommodation for the Head Master in
the Building, erect an Infirmary, and considerably
increase, for a period of eight years, the grants annually
made towards the support of the College. The cost of
these works amounted to upwards of £1,600.
27th February. — Mr. C. E. Lewis, M.P. for London-
derry, pursuant to notice, brought forward in the House
of Commons the following motion, viz : —
" To call attention to the constitution of the Irish Society
of London and the management of its income and property,
and to move that a select committee be appointed to enquire
into the constitution, management, and annual expenditure
of the Irish Society of London ; and further to report as to
what, if any, changes can be made in the governing body or
the mode of administration, in order to secure a more
economical and advantageous application of the property, or
whether such result can be best attained by placing the
property in the hands of public trustees resident in Ireland."
HISTORICAL NARRATIVE. 87
The Governor (Aid. Sir S. H. Waterlow, Bt., M.P.)
replied to Mr. Lewis on behalf of the Society, and after
a debate lasting several hours, upon a division being
taken, the motion was declared to be lost by a majority
of 65, in a House of 165 Members. On this occasion an
interesting speech, in opposition to the motion, was
delivered by the Chief Secretary for Ireland (Sir M.
Hicks Beach, Bt., M.P.), a copy of which will be found
in the appendix.
29th May. — With a view to enable the Coleraine
Town Commissioners to raise a Loan from the Govern-
ment for the completion of the Navigation works in the
Eiver Bann, the Society consented to a guarantee rating
of 2|d. in the pound, over the liberties of Coleraine.
26th June. — The Society voted £200 towards liqui-
dating a debt remaining on the Londonderry Academical
Institution.
24th July. — To provide for the payment of the grant
promised by the Society for freeing Derry Bridge, it
was resolved to raise £40,000 by the issue of debentures
of £100 each, at 4%, at a minimum price of £95, re-
payable by annual drawings of £1,000 ; the tenders
subsequently received amounted to £60,000, at prices
ranging from £95 to £100.
In carrying out the improvements at Poyle College
it was found necessary to utilise, for School purposes,
those portions of the building hitherto used as a Chapel
and Diocesan Library, and the Society agreed to grant
£100 per annum, for five years, towards the expense of
88 HISTORICAL NARRATIVE.
providing suitable accommodation in the city for the
Library, on the understanding that it should be open to
the general public, subject to rules, &c., to be approved
by the Society.
4th October. — The Society afforded further aid to
the Derry Free Episcopal Church towards the extinction
of a debt on the building ; and a further contribution
was made towards the support of the Derry School of
Art.
The Society made a grant towards repairing the
National School house in connection with Killowen
parish church.
The Society voted £100 to the head master of the
Coleraine Academical Institution, he having sustained
considerable pecuniary loss through the outbreak of
fever in the School ; liberal grants were also made to
the funds of that institution.
October 23. — The Society ordered notice boards to be
erected at Culmore, warning parties against removing
gravel or sea wrack from the shore without the Society's
permission.
27th November. — The Court resolved that religious
education should be conducted in the Society's schools
at Coleraine, and that the clergy of each denomination
should be allowed to instruct the children attending
their respective places of worship during the hour
specially set apart for religious teaching in the various
schoolrooms to be allocated for that purpose.
HISTORICAL NARRATIVE. 89
The Society promised a grant of £50 to the Society's
Professor at Magee College, on condition of his giving
a course of lectures on Physical Science, to be open to
the public under regulations to be approved by the
Court.
An invitation was forwarded by the Derry Bridge
Commissioners to the Society to be present at the
ceremony of opening the bridge toll free, and at a
public banquet arranged to take place on 1st January,
1878 ; and a deputation was appointed to accompany
the Governor and Deputy-Governor on that occasion,
the Governor being subsequently invited to take the
leading part in the ceremonial.
1878. 1st January. — The deputation appointed to
take part in .the ceremony of freeing Londonderry
Bridge, consisting of the Governor; John Staples, Esq.,
Alderman and Sheriff ; W. E. Baxter, Esq., J. H.
Skilbeck, Esq , and Joseph Beck, Esq., attended at
Londonderry, and on the morning of January 1st,
1878, proceeded to the Corporation Hall, when a pro-
cession was formed, headed by the Governor, the
Chairman of the Bridge Commissioners, and the
other members of the Deputation. On arriving
at the bridge, the Secretary to the Commissioners
handed a silver key of the gate to the Governor ; and
read an address, to which the Governor suitably replied ;
and then, amidst much cheering from the assembled
crowd, the Governor, having paid the last toll, opened
the gates and declared the bridge free. Crossing over
90 HISTORICAL NARRATIVE.
the bridge to the Waterside, the procession returned by
the under roadway to the Corporation Hall, where in
the evening a grand banquet was given by the Commis-
sioners, the chairman (S. M. Alexander, Esq., J.P., D.L.)
presiding, who, in proposing the health of the G-overnor,
tendered the Society the sincere thanks of the Commis-
sioners and citizens generally for having so heartily co-
operated in the work which had achieved the important
object of freeing the bridge by the munificent grant
of half the sum required, amounting to nearly £40,000.
26th March. — Mr. C. E. Lewis, M.P., having moved
in the House of Commons for a return of the receipts
and expenditure of the Society for the years ending
1877 and 1878, and detailed return of the sum spent
for public improvements, &c. These returns were
laid before the House, and ordered to be printed.
The Society consented, upon the receipt of a memo-
rial from the Coleraine Town Commissioners, to alter
the terms of the promised grant of £25,000 for the
improvement of the navigation of the River Bann, and
to increase it to £30,000, to be paid, on certain con-
ditions, by instalments not exceeding £6,000 per
annum.
1878. 28tli May. — The Society took steps to improve
the water supply at Culmore, at a cost of about £400.
23rd July. — The Society agreed to continue the
supplemental grants for some years past made to the
Coleraine Academical Institution towards the support of
HISTORICAL NARRATIVK. 91
the Head Master and the liquidation of the debt existing
on the building, &c.
4th October. — The Society granted assistance towards
the erection of a railing round the burial ground belong-
ing to St. Augustine's Ohapel of Ease, Londonderry.
Assistance was granted towards the enlarge aient of
the National Schools at the Waterside, Deny, in con-
nection with the Eoman Catholic Chapel.
An additional grant of £100 per annum for three
years was made to the Londonderry Academical Institu-
tion for incidental expenses.
Further aid was afforded the Magee College by a
supplemental grant of £100 for incidental expenses.
The Society contributed £50 towards the liquidation
of the debt on the Londonderry School of Art
The Society agreed to continue the grant of £50 to
Professor Leebody in consideration of his delivering a
course of lectures on Physical Science. These lectures
have now been discontinued.
Improvements and repairs were ordered to be carried
out at the Society's schools, Culmore.
The main drain running through the centre of the
Culmore property was repaired at the expense of the
Society.
A grant of £35 per annum was made to the Model
School, Coleraine, for prizes and Scholarships, and for
the Science and Art classes in connection therewith.
92 HISTORICAL NARRATIVE.
26th November. — A report was laid before the Court
as to the terms of the agreement between the Society
and the Coleraine Town Commissioners, subject to which
the Society's grant of £30,000 for the Navigation Works
in the River Bann should be made, and it was agreed
that a body, to be called " The River Bann Navigation
Commissioners," should be appointed to carry out the
works in lieu of the Coleraine Town Commissioners.
1879. 21st January. — The Coleraine Harbour Com-
missioners having applied for Parliamentary powers to
enable them to carry out the proposed Navigation Works
in the River Bann, steps were taken to protect the Society's
interests and to obtain a clause in the Bill providing for
the raising the sum of £30,000 which the Society had
agreed to grant towards these works.
The Society subscribed towards a testimonial, to be
presented to H.R.H. the Duke of Connaught on the
occasion of his marriage.
The Society agreed to enlarge the school-house at
Ballougry.
11th February. — Assistance was granted towards a
fund raised for the relief of the extreme destitution exist-
ing in Coleraine and neighbourhood.
29th April. — Additional class-room accommodation
was provided in the Society's schools at Coleraine.
The Society contributed towards the cost of providing
a bell and erecting a railing round the Free Church,
Derry.
HISTORICAL NARRATIVE. 93
It was resolved to convert the old Molenan School-
house into small cottages suitable for Farm Labourers ;
this school having been closed since the erection of the
new building at Ballougry.
7th October. — Proceedings were taken by the lessees
of the Salmon Fishery against certain parties for fishing
in the Eiver Faughan, a tributary of the Foyle, and one
of the principal breeding rivers ; the result being that
the Society's title to the fishing in this river to the extent
of the tidal waters was upheld.
1880. 27th January. — Information was received from
the Coleraine Town Commissioners that they had re-
solved to give a free supply of water to the Society's
schools, as a small token of their appreciation of the
generous grant made by the Society towards the ex-
penses connected with the Coleraine Waterworks.
2nd March.— With a view to establishing shipbuild-
ing in Derry, the Society informed the Port and
Harbour Commissioners that in the event of private
parties or a Shipbuilding Company with adequate
capital entering into a provisional agreement to take
a lease of the graving dock and a portion of the re-
claimed lands for shipbuilding purposes on terms to be
approved, the Society would be willing to co-operate
with the Commissioners in obtaining the necessary Act
of Parliament to confirm such agreement.
27th July. — Grants to be continued during the
pleasure of the Society were made to the new Eoman
Catholic College at St. Columbs, Londonderry, to
94 HISTORICAL NARRATIVE.
supplement the salaries of the Classical, English, and
Junior English teachers.
The Society increased their grant to the Goleraine
Model School to enable the infant department to
share in the general distribution of prizes.
oth October. — A supplemental grant of £150 per
annum for three years was voted to the Magee College
for incidental expenses.
The assistance granted to the Derry School of Art
was continued for a further period of three years, and in
addition a further sum of £25 granted for prizes.
The Recorder's Court at Derry having been merged
in the County Court Judgeship, the Society, upon the
application of the Derry Corporation, agreed to con-
tinue payment of the sum of £200, which, since the
year 1848, had been allowed towards the support of
that Court, the same to be employed for public im-
provements, thereby making in all £700 per annum
allowed the Corporation for this purpose.
1880. 5th October. — The Society contributed towards
the liquidation of a debt existing on the parish church
of Griendermott.
A special grant of £25 was voted to the Ladies' Col-
legiate School for prizes.
It was agreed to increase the supplemental grant to
the Londonderry Academical Institution.
The Society's schools at Coleraine were provided
with all the necessary appliances for conducting classes
for instruction in Physical Science
HISTORICAL NARRATIVE. 95
Assistance was granted the Coleraine Academical
Institution towards the erection of a hospital and im-
proving the ventilation of the school premises.
It was agreed to contribute towards the extinction
of a debt upon the first Presbyterian Church at
Coleraine.
26th October. — A special grant of £25 for Prizes was
voted to the School conducted by the Misses Holmes
in Londonderry.
23rd November. — Assistance was granted the Coler-
aine Terrace Pow Presbyterians towards the cost of
heating and ventilating their Church.
20th December. — The Society agreed to contribute
towards the expense of applying to Parliament for an
Act to authorise the construction of a railway between
Londonderry and Moville.
1881. 25th January. — The attention of the Court
was drawn to a memorial alleged to have been signed
by 22,000 Ulster tenants, and recently presented to
the Chief Secretary for Ireland, pointing out certain
difficulties they considered themselves under in the
then state of the Land Laws ; and the Society, with a
view to remove so far as their tenants were concerned,
any feeling of insecurity as described in such memorial,
resolved that as regarded all Agricultural Tenancies at
will, no revaluation should be made of any holding
until after at least 21 years had elapsed since the last
valuation, or such other period as the Land Bill pro-
96 HISTORICAL NARRATIVE.
posed to be introduced by the Government might enact.
The tenant to have free liberty to dispose of his hold-
ing to any eligible tenant, the right of pre-emption
at market value being reserved to the Society, and any
dispute as to rent, etc., to be referred to arbitration.
Assistance was granted towards a fund being raised
to provide coal for the poor of Coleraine.
22nd March. — About this time several important
town properties in Derry and Coleraine reverted to the
Society, and it was agreed in all cases where practic-
able to deal with the tenants in occupation. As
regarded the greater portion of this property, owing to
the bad state of repair into which the buildings had
been suffered to fall, it was found necessary to rebuild ;
and building leases in perpetuity at fair ground rents
were offered the tenants upon their erecting suitable
buildings in accordance with plans and specifications to
be approved by the Society, and the liberal terms thus
offered resulted in a better class of building being
erected, and several of the leading thoroughfares in
the City of Derry presented a marked improvement.
Repairs to Ballougry School were ordered to be
carried out at the expense of the Society.
3rd May. — The Irish Land Bill having been intro-
duced into the House of Commons, the Court em-
powered the Governor and Deputy-Governor to take
such steps as might be deemed necessary to protect the
Society's interests. This Bill, which eventually passed
HISTORICAL NARRATIVE. 97
the House, intituled The Land Law (Ireland) Act,
1881, " practically conceded what is known as the three
" F's — fair rent, fixity of tenure, and free sale. The
" fair rent was secured by empowering the tenant at
" will to appeal to a Land Court to fix a fair rent,
"which once fixed was to remain unchanged for 15
" years. Fixity of tenure was obtained by forbidding
" evictions so long as the rent was paid and certain con-
" ditions observed, and free sale of his holding was con-
" f erred on a tenant so long as he produced a solvent
" purchaser. The landlord was, therefore, reduced to
" little more than the owner of a rent charge, with a
" right of pre-emption, i.e., a right of buying back his
" own land from his own tenant (exercisable only in
" the event of that tenant breaking the conditions of
" his tenancy) by paying a heavy fine. Moreover, in
" order to enable the tenant to purchase out his land-
" lord, he was empowered to borrow three-fourths of
" the money from the British taxpayer on easy terms, a
" power which has recently been extended by Lord
" Ashbourne's Act of 1885, so as to enable him to
" borrow the entire purchase-money, on the landlord
" making a deposit by way of guaranteeing the tenant's
" solvency."*
Subsequently, as will be found recorded hereafter,
another Land Law (Ireland) Act was passed, confer-
*■ The Irish Land Question, considered Historically and Economi-
cally, by Sir J. Whittaker Ellis, Bart., M.P.
H
98 HISTORICAL NARRATIVE.
ring similar advantages upon Agricultural Lease-
holders, and at the present time, with but few ex-
ceptions, all the Agricultural tenants on the Society's
estates hold under Judicial Agreements at reduced
rents, settled either by the Land Commissioners or by
mutual arrangement out of Court.
The Society subscribed to a fund being raised for the
relief of the families of some fishermen, who had been
drowned in Donegal Bay.
In compliance with an order from the House of
Commons, which had been passed on the motion of Mr.
C. E. Lewis, M.P., a return of the receipts and ex-
penditure of the Society for the years ending Feb-
ruary, 1879, 1880, and 1881 was printed and laid upon
the table of the House.
28th June. — It was resolved that the money required
to meet the Society's grant of £30,000 for the Bann
Navigation Works, should be raised by Bonds bearing
interests at 4 per cent, in a similar manner to that
adopted when the amount required for freeing Derry
Bridge was obtained.
26th July. — The Society had under consideration a
resolution passed at the Court of Common Council, to
the effect that in the opinion of that Court it was desir-
able that some portion of the Society's funds should be
applied for the purpose of developing the Fisheries on
the southern and western coasts of Ireland, and a Special
Committee appointed by the Common Council attended
HISTORICAL NARRATIVE. 99
at the Irish Chamber, and had a long conference with
the Society upon this matter, and they were informed
that the Society did not consider themselves justified in
taking any steps to vary the destination of the funds
entrusted to them.
1881. 26th July.— The Society contributed £100
towards the enlargement of the Coleraine Parish Church
Schools.
Several important sites in the City of Derry, suitable
for building purposes, having reverted to the Society,
an advertisement was inserted in the local papers to the
effect that the Society were prepared either to sell the
freeholds or grant leases in perpetuity to parties desirous
of building.
At the request of the Lessees of the Society's Fisheries,
application was made to the Chief Secretary for Ireland
for a gun-boat to be sent to Lough Foyle for the
purpose of protecting the Inspectors and WaterbailifPs
in the discharge of their duties ; and a cruiser was
ordered to be sent to Lough Foyle to make enquiries.
4th October. — With a view to improving the educa-
tion of girls in Derry and Coleraine, the Society agreed
to establish two Scholarships of £50 per annum, tenable
for three years at Grirton College, Cambridge, to be
competed for by girls educated in the City of London-
derry and the Town of Coleraine, which grant was
subsequently altered to one Scholarship of £100 per
annum.
h2
100 HISTORICAL NARRATIVE.
£200 were granted to the Derry Fourth Presbyterian
Congregation to assist them in erecting Day and Sunday
Schools in connection with their Church in Carlisle
Eoad.
An allowance of £50 per annum for three years was
granted to the Society's Professor at Magee College, in
lieu of providing a residence for him.
A grant of £200 was voted towards the enlargement
and improvement of the Free Church, Derry.
The Society had under consideration the question of
providing a People's Park in Derry, the late Mr. Jas.
Brooke (an old inhabitant) having bequeathed a sum of
about £10,000 for that purpose, subject to the life
interest of his sisters, who, it appeared, were prepared to
surrender their interest and grant a large sum in addi-
tion, provided a suitable site could be obtained ; and it
was agreed to offer to the Londonderry Corporation, as
trustees for the public, some 50 acres of land at Penny-
burn, the lease of which had recently expired, on condition
that they purchased up the tenant's interest, properly laid
out the ground, and obtained an Act of Parliament to
enable them to efficiently maintain the park. After
lengthy negotiations, however, the Corporation failed to
come to terms with the tenant in occupation, and subse-
quently the Society's offer was declined.
1881. 4th October. — A grant was made to the
Terrace Row Presbyterians, Coleraine, to assist in liqui-
dating a debt incurred in the erection of Schoolrooms in
connection with their church. .
HISTORICAL NARRATIVE. 101
20th December. — The Society contributed towards
the cost of erecting a Schoolhouse for the Parish of
Clooney, Waterside, Londonderry.
1882. 24th January. — The Londonderry Port and
Harbour Commissioners having introduced into Parlia-
ment a Bill for acquiring powers to carry out certain
works in the Foyle, which would seriously interfere
with the Salmon Fisheries in Bosses Bay, etc., it was
deemed necessary for the protection generally of the
Society's interests to present a petition against such Bill.
Satisfactory arrangements, however, were subsequently
arrived at with the Port and Harbour Commissioners,
providing inter alia for a free grant to the Commis-
sioners of so much of the shore of Lough Foyle as was
required for the extension of the quays, and the petition
was withdrawn, the Bill passing unopposed.
28th March. — Eossnagallagh National School was
enlarged at the expense of the Society.
25th April. — Arrangements were made for adopting
the Kindergarten system in the Infant Department of
the Society's Schools at Coleraine.
1882. 25th April. — Assistance was granted towards
the cost of improving and repairing the Coleraine
Parish Churchyard, and the Culmore Parsonage.
23rd May. — The Society agreed to set back the
frontage of several houses in Foyle Street, Derry,
which had fallen out of lease.
i02 HISTORICAL NARRATIVE.
27th June.— The Society granted further assistance
towards the improvement and enlargement of Christ
Church, Derrj.
9th August. — The works referred to as being
carried out at the mouth of the River Bann, in order
to improve the navigation of the river, having been
completed, the Visitation of the Society took part in
the unveiling of the Memorial Stone, which had been
placed near the entrance of the river.
Sir Hervey Bruce, Bart., in presiding on that
occasion, stated that the stone was intended to bear
testimony to the kindly consideration and munificence
of the Society towards the people of Coleraine. The
inscription placed upon the stone is as follows : —
" This stone has been placed by the Coleraine Har-
" hour Commissioners to commemorate the gift by the
"Hon. The Irish Society of the munificent sum of
"£30,000 towards the two moles and other works for
" the improvement of the navigation of the River Bann,
" estimated at a total cost of £66,000. Irish Society : Sir
"S. H. Waterlow, Bart., M.P., Governor; W. C. Sim^
" mons, Esq., Deputy-Governor ; Durie Miller, Secre-
" tary. Harbour Commissioners : Sir H. H. Bruce,
" Bart., M.P., Chairman; Joseph Cuthbert, J.P., Deputy-
" Chairman ; W. Eccles, Clerk ; Sir J. Coode, Engineer-
" in-Chief ; J. C. Coode, Executive Engineer ; George
" Lawson, Contractor, 1883."
3rd October. — The Roman Catholic Temperance
Society having applied for a site whereon to erect a
HISTORICAL NARRATIVE. lOd
Temperance Hall, the Society agreed to grant them a
piece of land facing Shipquay Place, Derry, at a nom-
inal rent, on condition that the building to be erected
was used solely for the promotion of temperance
principles. This offer was at first gratefully accepted,
but upon the lease being prepared embodying the con-
dition referred to, the Temperance Society declined to
proceed further in the matter.
October 24. — A grant of £400 per annum for 10
years was made to the Derry Corporation to assist them
in providing the City with a better supply of water,
in accordance with a scheme which had been approved
by the Local Grovernment Board.
1882. November 24. — Repairs and improvements to
Foyle College were ordered to be carried out at a cost
to the Society of over £450.
1883. September 26. — Complaints having been made
to the Derry Corporation of encroachments on the City
Walls in course of the erection of new buildings, the
Corporation were informed that the Society considered
them as the guardians of the walls, and looked to them
to report as to any encroachments, and would be wil-
ling to join in any steps to be taken against parties so
encroaching.
The Society granted assistance towards repairs
needed to the Derry Cathedral Graveyard.
The Culmore Parsonage was put into thorough
repair at the expense of the Society.
104 HISTORICAL NARRATIVE.
Assistance was rendered towards the erection of a
Sunday-school House in connection with St. Augus-
tine's Church, Derry.
The Society contributed towards the cost of repair-
ing the Londonderry Third Presbyterian Church.
It being found necessary to enlarge the Parish Church
of Coleraine, a grant of £1,000 was made towards this
object, payable in instalments of £200 per annum for
5 years, which grant was subsequently increased to
£2,000.
Sir Sydney Hedley Waterlow, Bart., M.P., having
resigned the G-overnorship of the Society, which office
he had filled for the past 10 years, the Court of Com-
mon Council appointed Sir Jno. Whittaker Ellis, Bart.,
as his successor.
1884. February 12. — The Society contributed to-
wards a fund for the relief of the widows and orphans
deprived of their means of support by the loss of the
ship " Nokomis," belonging to the port of Londonderry.
1884. April 22.— The London Government Bill
having been introduced into the House of Commons,
the Society appointed a Special Committee to watch the
same, and take such steps as might be necessary to
protect the Society's interests, the Bill containing a
clause providing that the new Corporation to be con-
stituted under the Bill, should bring in a Bill for
abolishing the Society, and providing for the admin-
istration of the property of persons, resident or other-
wise, interested in the county or counties in which such
HISTORICAL NARRATIVE. 105
property is situate. This Bill, however, was subse-
quently withdrawn by the Government.
May 27. — Additional assistance was granted to the
Ooleraine Academical Institution towards liquidation
of a debt incurred in carrying out certain improve-
ments and repairs to the building.
August 22. — The Memorial Stone in connection
with the enlargement and restoration of the Parish
Church of Coleraine, was laid with full masonic honours
by the Govemor (Sir J. Whittaker Ellis, Bart., M.P.),
the stone bearing the following inscription :—
" This Church, dedicated to the glory of God in memory of His
" servant St. Patrick, was founded in the fifteenth century after
" the birth of Christ, was rebuilt by the Hon. the Irish Society of
" London in the year 1614, and was again rebuilt in the year 1884.
« HENRY S. O'HARA, Rector.
" JAMES H. COYLE )
> Churchwardens.
"SAML. McGRATH)
" This stone was placed here 22nd of August, 1884, by Sir John
"Whittaker Ellis, Bart., M.P., Governor of the Hon. The Irish
" Society."
August 23. — The Visitation of the Society having
been informed of the intention of the Channel Fleet,
under the command of H.E.H. the Duke of Edinburgh,
to visit Lough Foyle, it was considered desirable that
the Society, as holding the office of Vice- Admiral of
that district, should obtain the permission of His Royal
Highness to present him with an address on that
occasion, and this permission having been graciously
106 HISTORICAL NARRATIVE.
accorded, the Members of the Visitation, in company
with the Derrj Corporation, proceeded in the gun-boat
" Wasp," which had been placed at their disposal, to
the Fleet, which was stationed near the mouth of the
Foyle. His Royal Highness received them on board
the " Minotaur," and the Grovemor read the Address
which had been prepared, to which His Royal Highness
graciously replied.
The Members were then presented to His Royal
Highness, who invited them to a luncheon in the
saloon, and subsequently was pleased to conduct them
over the vessel.
September 23. — A further contribution was made
towards the funds of the Presbyterian Orphan Society,
which it appeared was doing a work of great usefulness
in all parts of Ireland and, benefiting to a considerable
extent the orphans on the Society's Estates.
The Society increased the grants to the Londonderry
Academical Institution to assist in enlarging the build-
ing.
October 28. — The Society agreed to assist the
Ooleraine Harbour Commissioners in carrying out further
dredging works in the River Bann, to enable vessels of
sufficient size to come up to the quays, by an additional
grant of £4,240, provided the necessary funds for the
connection of the quays with the Railway were raised
from other sources.
The Monument erected in 1828 on the central west
bastion at Londonderry, as a Memorial to the Rev,
HISTORICAL NARRATIVE. 107
George Walker, who so distinguished himself during the
siege of Derry, having fallen into a bad state of repair,
the Society contributed £200 towards the cost of its
restoration.
The Society established three Bursaries of the total
value of £30 per annum, for girls who have studied for at
least two years continuously in a school in the town of
Ooleraine, to be awarded each year on the results of the
Midsummer Examination of the London College of Pre-
ceptors.
The Eoyal Agricultural Society of Ireland having
proposed to hold their Show in 1885 in Derry, the
Society agreed to contribute £100 towards the general
fund and £50 for Special Prizes.
1884. November 25th. — The Communion Plate
belonging to the Parish Church of Coleraine was
repaired, and a new Chalice provided at the Society's
expense.
December 28rd. — Assistance was granted towards
repairing the Coleraine Wesleyan Methodist Church.
1885. March 24th. — Assistance was granted the
Tenants on the Bally kelly and Myroe reclamation of
Lough Foyle Slobs, towards defraying expenses
incurred in repairing the sea wall that had been
damaged by a severe storm.
April 28th. — The Society granted a site for the
formation of a new road from the Strand Road to the
Quays, Derry.
108 HISTORICAL NARRATIVE.
Their Rojal Highnesses the Prince and Princess of
Wales having intimated their intention of visiting
Londonderry, the Society subscribed to the guarantee
fund raised for the purpose of making the necessary
preparations for their reception.
October 2nd. — The Society granted a sum of one
thousand pounds towards the cost of enlarging the
Derry Cathedral.
A further grant of £200 per annum for five years was
made towards liquidating the Debt incurred in the
restoration of Goleraine Parish Church.
It was agreed to be granted the Corporation of Derry
a sum of £16,000 and a site for the erection of a
new Town Hall at Shipquay Place, on condition of the
Corporation paying a perpetual Fee Farm Rent of
£400.
June 22nd. — The Society decided to set back the
premises in Shipquay Place, Derry, in order to widen
the road leading to the Quays.
October 1st. — A grant was made towards the
purchase of a new Organ for the Cathedral at London-
derry.
Further aid was afforded the Carlisle Road Presby-
terian and the Strand Road Presbyterian Congregations
towards liquidating debts incurred in the erection of
their new Buildings.
October 26th. — The Society issued instructions to
have a survey and revaluation made of all their
HISTORICAL NARRATIVE. 109
Agricultural Property held under Leases, and upon the
same being laid before the Court, it was decided that
in all those cases where the valuation was less than the
rent received under the Lease, the rent should be
reduced to that amount, provided such new rent was
accepted by the Lessee and recorded as a Judicial Eent.
Subsequently the Grovernment brought in a Bill
empowering all Leaseholders to apply to the Land
Commission to have Judicial rents fixed in the same
manner as Tenants at Will.
1887. March 22nd. — The Society agreed to allow
the Widows' Fund Society, Derry, a sum of £40 per
annum, in consideration of their surrendering a lease
they held of certain houses in Widows' Eow.
May 23rd. — A new Scheme was settled by the Society
for the future management of their Schools at Coleraine,
and with regard to religious instruction, it was decided
to adopt the system in force in Grovernment Schools.
An address of congratulation was ordered to be
presented to Her Majesty on the completion of the
fiftieth year of Her reign.
August 23rd. — The Foundation Stone of the new
Town Hall, Londonderry, was laid by the Gl^overnor,
Sir J. Whittaker Ellis, Bart., M.P., who was presented
with a handsome Trowel, Mallet and Plummet.
Photographs of the Grovernor and the Members of the
Visitation, with their names, were placed in the cavity
of the Stone, together with the current coins of the
110 HISTORICAL NARRATIVE.
realm, and copies of the London Tivies and Local
Papers.
October 4tli. — Further aid was granted towards
liquidating the debts on the Carlisle Road Presbyterian
Chui'ch, and the Hawkins Street Methodist Chapel and
Schools, Derry.
1887. October 4th. — Assistance was granted towards
the erection of new national schools in connection with
the Roman Catholic Chapel at Coleraine, and the annual
grant that had been allowed for many years was
increased.
A grant was made towards carrying out repairs
needed to the Racecourse Presbyterian Church, Derry,
and the Society increased their grant for the enlarge-
ment of the Derry Cathedral by £500, making in all
£1,500 granted for this object.
1888. September 25th.— The Society granted assist-
ance towards the erection of a Gymnasium and
Swimming Bath in connection with the Londonderry
Academical Institution.
October 23rd. — The Society granted a free site for
the extension of the Deanery Schools at Londonderry.
A report was received from the Educational
Endowments, Ireland, Commissioners, to the effect that
they had held a meeting of enquiry respecting the
Society's Schools at Coleraine, and they were satisfied
with the way in which these schools were managed ; and
as they were unendowed, the Commissioners felt they had
no authority for interfering with the same.
HISTORICAL NARRATIVE. Ill
December 18th. — It was resolved to grant to the
lessees of the Salmon Fisheries an extension of their
lease in consideration of their establishing Fish
Hatcheries on the rivers Foyle and Bann.
1889. April 16th. — The Society contributed towards
the fund being raised by the Eoyal Irish Constabulary
in commemoration of the Queen's Jubilee to provide for
the necessitous orphans of members of that force.
July 24th. — A Select Committee was appointed by
the House of Commons to enquire and report " as to
the terms of the Charter or other instruments by which
these estates were granted to the Irish Society and to
the London Companies, and as to the trusts and obliga-
tions (if any) attaching to the ownership of such estates,
and as to the mode in which the sale of these estates
has been effected or can be effected consistently with
such trusts and obligations as may be shewn to have
existed or now exist." It was decided to take such
steps for the protection of the Society's interests as
the Governor and Deputy Governor might think fit,
with authority to instruct Parliamentary Agents and
Counsel if deemed necessary.
It is believed that this enquiry was ordered in con-
sequence of great complaints which were made against
several of the Livery Companies who had sold their
Irish Estates and withdrawn the assistance hitherto
afforded by them for educational and charitable purposes.
The deliberations of the Select Committee, over
which the Eight Hon. John Morley presided, extended
112 HISTORICAL NARRATIVE.
over a considerable period, and it was not until May,
1891, that their final report was laid before Parliament.
September 24th. — Assistance was granted towards
improvements to be made to the Derry Infirmary.
1889. 24th September. — The Coleraine Harbour
Commissioners having applied for assistance to enable
them to erect a Training Wall at the mouth of the Eiver
Bann with a view to prevent any further silting up of
sand, the Society resolved to engage a competent
Engineer to inspect the whole of the river and report as
to the success likely to attend such work, and if, in his
opinion, any further works were needed to satisfactorily
meet the requirements of the Port and Harbour of
Coleraine.
November 26th. — The Society agreed to erect a
Boundary Wall round their School premises at Coleraine.
April 22nd.— -It was decided that the ceremony of
opening the new Gruildhall at Londonderry, which had
been erected at the expense of the Society, should take
place during the Visitation, and that the Lord Lieutenant
be invited to preside on that occasion, and arrangements
were ordered to be made for entertaining His Excellency
at a Dejeuner after the ceremony.
July 31. — The Governor, Deputy-Grovernor, and
Members of the Visitation, attended in Londonderry to
take part in the reception of His Excellency, the Lord
Lieutenant (Earl Zetland), on the occasion of his opening
the new Guildhall.
HISTORICAL NARRATIVE. 113
On his arrival in Derry, His Bxcellenoy entered the
State Carriage (specially forwarded from Dublin) and
accompanied by the Governor of the Society, the Mayor
of Derry and Col. Garrett, A.D.C., passed through the
principal streets of the City, followed by the High
Sheriff, the Deputy-Governor, and the members of the
Visitation.
On his arrival at the Guildhall, addresses were
presented from the various Public Bodies, and the
members of the Visitation were presented to His
Excellency, who then, accompanied by the Governor,
proceeded to the Assembly Hall, where he was enter-
tained at a Dejeuner given by the Society.
September 23rd. — The Society assisted, by a grant of
£900, towards the erection of new National Schools in
connection with the First Presbyterian Church, Derry ;
and additional grants were made to the Londonderry
Academical Institution for the Head Master and the
Mistress of the Preparatory School.
A site was granted on the Culmore Estates for the
purpose of erecting a National School for the Eoman
Catholic children in that district.
It having been decided to erect a Cottage Hospital at
Coleraine, the Society decided to allow during pleasure
a sum of £25 per annum towards its support.
October 21st. — The Society, having considered the
report of the Engineer (Mr. Abernethy) who had been
appointed by them to inspect the Eiver Bann, with a
view to considering as to the success likely to attend the
114 HISTORICAL NARRATIVE.
erection of a Training Wall as proposed by the Goleraine
Harbour Commissioners, resolved to expend a sum not
exceeding £3,500 in the erection of such wall on
condition of the Commissioners completing the connec-
tion of the Quays at Coleraine with the Eailway,
arrangements being made to prevent the Fishing being
in any way prejudicially affected.
1890. November 25. — Assistance was granted towards
repairs to the Reformed Presbyterian Church at the
Waterside Derry.
1891. March 24th. — A block of buildings fronting
the Strand Road, Derry, having reverted to the Society
on the fall of the Lease, it was decided, with a view to
improving the locality, to offer the occupying tenants
Building Leases in perpetuity at ground rents, on
condition of their erecting suitable buildings in
accordance with plans and specifications to be approved
by the Society.
The Society contributed towards the cost of a Stained
Q-lass Window to be placed in the Chancel of the Parish
Church, Coleraine, and also assisted in the enlargement
of the Terrace Row Presbyterian Church, Coleraine.
Application having been made to the Society for
assistance in the construction of the Derry City and
County Railway, which, it was urged, would greatly
benefit the Port and County of Derry by opening up
direct communication with several important Towns,
the Society consented to subscribe or to guarantee
interest on an amount not exceeding £10,000 on
HISTORICAL NAllRATIVE. 115
Parliamentary Powers being obtained, and the Company
being duly formed. £1,000 of this amount was sub-
sequently contributed towards preliminary expenses.
Parliamentary powers were obtained, but the scheme
did not receive sufficient support to enable the promoters
to proceed with the work.
1891. March 24th.— The Society granted £500 to
the Londonderry Bridge Commissioners to assist them in
defending their rights to the Ferry over the River Foyle.
June 23rd. — Assistance was granted towards carrying
out repairs needed to the New Eow Presbyterian Church,
Coleraine.
August 17th. — The new Deanery National Schools,
Londonderry, were opened by the Governor Aid. Sir
J. Whittaker Ellis, Bart., in the presence of the
Members of the Visitation of the Society, the Lord
Bishop, the Dean, and a large number of the principal
inhabitants of Derry.
August 18th. — The Governor, Sir J. Whittaker Ellis,
Bart., presided at the opening of the Coleraine Cottage
Hospital.
September 22nd. — A grant of £250 was voted
towards liquidating a debt incurred in the erection
of the Carlisle Eoad Presbyterian Church, Londonderry.
The Society granted assistance towards securing a
suitable Glebe House for the Rector of Christ Church,
Londonderry.
The Derry Corporation having granted the use of
the old Town Hall for the purposes of the School of
i2
116 HISTORICAL NARRATIVE.
Art, the Society contributed £150 towards the cost of the
alterations necessary to be effected to render the building
suitable for such object.
Steps were taken by the Society with a view of
acquiring land at Pennyburn for the purpose of
providing a Park for the people of Deny, but it being
found impossible to arrive at any satisfactory settlement
with the tenant in occupation, the matter had to be
abandoned. ,
23rd November. — A grant was made towards liquid-
ating a debt remaining on the new Deanery School
House, Londonderry, lately erected on a site given by the
Society.
1892. 2nd February. — A writ was served on the
Society in an action taken against them and the Livery
Companies in the Court of Chancery, Dublin, by the
Attorney Greneral for Ireland, at the relation of the
Rev. J. Johnston, with a view to having the Society
and the Livery Companies declared to be Trustees as
regards their Irish Estates, and inter alia settling a
scheme for the future management of the Society.
March 22nd. — The annual grant to St. Columbs
College, Derry, was increased from £125 to £250
towards the support of the classical English Assistant
Masters.
The Society agreed to expend upwards of £400 in
repairing their School Buildings at Coleraine and
enlarging the Master's residence.
HISTOKICAL NAKRATIVE. 117
24th May. — Assistance was granted towards the
erection of a Glebe House in connection with St.
Augustine's Church, Derrj.
27th Sept. — The Society contributed £200 towards
liquidating a debt upon the Londonderry School of
Art, and to enable the class-rooms to be properly fitted
up.
A grant was made to the funds of the Nazareth
House erected in Londonderry for the relief of the
aged and destitute infirm and respectable poor of both
sexes, irrespective of religion, together with orphan,
abandoned, or invariably infirm children.
20th December. — The Society decided to increase
the number of Exhibitions of £30 per annum, hitherto
granted exclusively to the Students of Foyle College,
from 5 to 8, 4 such Exhibitions being reserved for
Foyle College, the remainder being equally divided
between the Londonderry Academical Institution and
St. Columbs College.
A contribution was made towards purchasing a Peal
of Bells for the Parish Church at Coleraine.
1893. 23rd June. — Alterations and repairs to the
Society's National School at Ballongry were ordered to
be carried out.
27th July. — Sir J. Whittaker Ellis, Bart., resigned
the Governorship of the Society which he had held for
the past 10 years, and the Court of Common Council
elected George Faudel-Phillips, Esqr., Alderman, as his
successor.
118 HISTORICAL NARRATIVE.
25th September. — The Society increased the grant
promised to assist in purchasing a site and erecting new
buildings for the Derry First Presbyterian National
Schools, making in all £1,150 voted for this object.
Assistance was granted towards liquidating the fund
raised for providing an Organ for the Gruildhall,
Londonderry.
Grants were made to the Londonderry Academical
Institution to assist in carrying out certain repairs to
the School premises, and liquidating a debt incurred in
the erection of Gymnasium and Swimming Baths.
24th October. — The Society's attention having been
drawn to the unsatisfactory condition of the Graveyard
at Killea, near Derry, it was decided to put the same in
proper repair and hand it over to the Board of
Guardians, they being under a recent Act of Parliament
vested with the control of such matters.
21st November. — A site at Foyle Hill, London-
derry, was agreed to be granted to the Derry Corporation
at a nominal rent for the purpose of erecting thereon a
Hospital for Infectious Diseases.
It was resolved that as regards futui^e applications to
the Society for grants to Eeligious, Educational and
Charitable purposes, such applications be made on a form
prepared by the Society providing for all necessary
particulars being furnished the Court for the proper
consideration of each petition, and that all grants that
may be made to such objects be considered as donations
for one year only.
HISTORICAL NARRATIVE. 119
A replica of a bust of Sir J. Whittaker Ellis, the late
Governor of the Society, was ordered to be prepared
and placed in the Gruildhall, Londonderry.
1894. 6th August. — It being found necessary to pro-
vide a new Lunatic Asylum for the County of London-
derry, the Society, at the request of an influential
deputation of the inhabitants of Derry, communicated
with the Board of Control, Dublin, with a view to
inducing the Authorities to consent to the Asylum being
retained as heretofore in the neighbourhood of Deny,
so that the City might reap the benefit of the large
expenditure such an Institution usually involves, and
the Society offered to sell for a reasonable sum the lands
of Gransha, which the Governors of the Asylum had
selected as the most suitable site.
The Authorities eventually consented to erect the
Asylum on this site ; but although the Society ultimately
agreed to accept the sum they offered, viz., £6,750, in
lieu of £7,200, the value first put upon this property,
consisting of 285 acres, 2 roods, 5 poles, at a rental of
£300 per annum, the Board of Control decided that
the price to be paid must be settled by a jury. The
jury empannelled consisted principally of small farmers,
who awarded the inadequate sum of £6,000.
September 25th. — A fee farm grant of land for
cemetery purposes was made to the Londonderry
Corporation at a nominal rent.
The Society resolved, that in lieu of the allowance
made annually for house rent to the Professor occupying
120 HISTORICAL NARRATIVE.
the chair at Magee College endowed by the Society, a
sum of £1,000 be granted to the Trustees of the College
for the erection of a house for the Society's Professor.
A sum of £500 was voted towards the enlargement
of St. Columb's National Schools, and further assistance
was granted to defray the expenses incurred in the
erection of the Long Tower National Schools, London-
derry.
September 25th. — The Society agreed to assist
the Coleraine Town Commissioners in carrying out
certain repairs needed to the Town Hall.
A grant was made to the St. Malachy's Schools,
Coleraine, towards liquidating a debt incurred in the
erection of new school premises.
October 19th. — The Society voted £750 towards the
enlargement of the Academical Institution at Coleraine.
November 20th. — Several complaints having been
made to members of the Society on the unsatisfactory
state and condition of many of the houses occupied by
the poorer classes in the City of Derry, the Court
directed a letter to be forwarded to the Corporation
drawing their attention to this matter.
1895. January 8th. — The Society having for some
time felt that the Groverning Body of Foyle College, as
constituted under Act of Parliament, was not best
adapted for the purpose for which it was formed, and
that the results derived from Foyle College were by no
means commensurate with the sums expended annually
by the Society on that Institution, decided, after ascer-
HISTORICAL NARRATIVE. 121
taining the views of those most interested in the
educational work carried on in Derry, that it would be
an advantage, both from an educational and economical
point of view, if this College and the Derry Academical
Institution were placed under one management and
practically united, thus forming one thoroughly good
school combining an efficient commercial with a classical
education.
After conference with the Governing Bodies of these
two schools, the Society took steps to introduce a Bill
into Parliament providing for this amalgamation and
for the future management of the associated schools
under one Governing Body, the Society agreeing in
lieu of the sums hitherto paid to Foyle College and the
Academical Institution to grant an endowment of £800
per annum, and a capitation fee of £2 per head up to a
maximum of £300 per annum, besides continuing the
exhibitions hitherto granted to these two schools.
After some opposition from the various religious bodies,
this Bill was passed during the session of 1896, and
there is every reason to believe that the course thus
taken by the Society, involving as it did much labour
and care as well as a large outlay at the time, will prove
of very great advantage to the inhabitants of Derry
and the surrounding neighbourhood.
26th June. — The Society established four Scholarships
of the value of £15 each, tenable for four years, oj)en to
all boys under 14 who have been in regular attendance at
the Society's Schools, Coleraine, for at least two successive
122 HISTORICAL NARRATIVE.
years immediately previous to the examination, and ten-
able at the Coleraine Academical Institution.
25th September. — The desirability of providing
recreation grounds for children in Derry having been
brought under the Society's notice, it was decided to set
apart a field at Bally magowan for this purpose.
Assistance was granted towards the restoration of the
Derry Cathedral Bells, and the erection of a new School-
house in Bishop Street in connection with the Deanery
Schools.
The Society contributed towards the cost of carrying
out repairs needed to St. Augustine's Church, Derry, and
Monreagh Presbyterian Church.
1896. 24th January. — The shipbuilding yard at Lon-
donderry having been closed owing to the failure of the
lessee, it was decided to form a Company for the purpose
of re-establishing this industry in order to promote the
trade and prosperity of the City, and the Society agreed
to take up shares to the extent of £1,000 provided the
remainder of the capital required was raised.
4th March. — In lieu of the grants hitherto made to
St. Columb's College, Londonderry, it was resolved to
grant an endowment of £500 per annum to that Institu-
tion, and to allow £100 per annum for the purpose of
providing fourteen Free Scholarships.
28th October. — The Corporation of Derry having
decided to improve the water supply at a cost
HISTORICAL NARKATIVE. 123
of £20,000, the Society promised to assist them by a
grant of £400 per annum for ten years.
Grants were made towards the erection of a Methodist
Mission Hall, and a new Presbyterian Church, Water-
side, Londonderry, and the reduction of the debt on
the Terrace Kow Presbyterian Church, Coleraine.
The Society contributed towards the cost of repairing
the First Presbyterian Church at Londonderry.
1897. 27th January. — It was resolved to found two
Bursaries of £10 each, and two of £15 each, available
for girls educated in the City of Derry, and it was
decided that they should be called the Irish Society's
Victorian Bursaries in commemoration of the 60th year
of Her Majesty's reign.
26th May. — The Society's seal was affixed to Bye-
laws passed by the Londonderry Corporation for the
better regulation and ordering of the markets.
The Society agreed to contribute towards the cost of
erecting a window in Derry Cathedral to the memory
of the late Dean Smyley.
A congratulatory address was ordei^ed to be prepared
for presentation to Her Majesty on the completion of
the 60th year of her reign.
28th June. — It was decided to present to each pupil
on the roll of the Society's Schools at Coleraine a book
containing the life of Her Majesty in commemoration
of the Diamond Jubilee.
27th September. — The Society decided to acquire the
Lessee's interest in the premises known as the Plough
124 HISTORICAL NARRATIVE.
Hotel, Foyle Street, Londonderry, in order to set back
the frontage and widen the street.
The Society agreed to surrender their interest in a
strip of land between the Strand Eoad and the Quays,
for the purpose of forming a roadway which it was
believed would prove a great public convenience.
27th October. — Further assistance was granted to the
St. Eugene's Cathedral National Schools, Derry,
towards the reduction of the debt upon the building.
The Society decided to grant to the Coleraine Academ-
ical Institution, in lieu of the annual grants hitherto
made to that School, a sum of £225 per annum by way
of endowment, and a capitation fee of 30s. per head up
to a maximum of £225 per annum.
It being found necessary to enlarge the water
supply at Coleraine the Society agreed, in the event
of the Town Commissioners obtaining a loan from
the Government for this purpose, to assist in the
repayment of same by an annual grant of £125 for
a term not exceeding thirty years.
A report was received from the Coleraine Harbour
Commissioners showing the progress of the Port since
the navigation works, towards which the Society had so
liberally subscribed, had been completed, from which it
appeared that the dues and rates on vessels and cargoes,
which amounted in 1876 to only £275, had increased in
1896 to £1,958 ; whilst the registered tonnage of vessels
entering the Port in 1876 was 3,588 tons, and in 1896
36,621 tons.
HISTORICAL NARRATIVE. 125
November 24th. — The Society's seal was affixed to
Bye-laws passed by the Londonderry Corporation for
regulating hackney carriages and street traffic.
December 22nd. — The Society approved plans for-
warded by the Londonderry Port and Harbour
Commissioners of proposed extension of sheds on the
King's Quays.
Bye-laws against street betting, passed by the
Londonderry Corporation, were sealed by the Society.
1898. January 21st. — The Society resolved, in lieu of
tlio grant of £400 per annum for ten years promised to
the Londonderry Corporation towards the proposed
extension of the waterworks, to make a free grant of the
site of the Gruildhall, the Corporation having hitherto
paid to the Society an annual rent of £400.
26th April. — The Trustees of the late Mr. Brooke, of
Londonderry, having, on the decease of his sister, come
into possession of a sum of money left by that gentle-
man many years ago for the purpose of providing a
People's Park at Derry, subject to his sister's life interest,
and finding that the amount was not sufficient to provide
a suitable site for such Park, applied to the Society for
assistance, and the Court voted a sum not exceeding
£6,000 to assist in the establishment of a People's
Park to be maintained and managed under the pro-
visions of the People's Park Act.
26th April. — The Society agreed to provide two lifts
for the use of the patients in the County Infirmary,
Londonderry.
126 HISTORICAL NARRATIVE.
28th June. — It was decided to construct a new Water
Supply for the Society's National School at Bohill, near
Coleraine.
25th October. — A grant was made to the Select
Yestry of Christ Church, Londonderry, to assist them
in the erection of new National Schools in connection
with that Church.
9th November. — The action brought by the Attorney-
G-eneral for Ireland, at the relation of the Eev. J.
Johnston, against the Irish Society and the Livery Com-
panies, as far back as 1892 (see page 116), was heard
before the Master of the Rolls in Dublin, and resulted
in judgment* being given for the defendants with costs.
20th December. — Further assistance was granted to-
wards defraying the debt incurred in providing an
Organ for the Gruildhall, Derry.
* ^jj. — A copy of this judgment will be found in the Appendix.
127
APPENDIX.
ACT FOE SETTLING CERTAIN EIGHTS BE-
TWEEN THE BISHOP OF DEEEY AND
THE SOCIETY.
1704.
Whereas several disputes having formerly arisen between
the bishops of Derry and the Society of the Governor and
Assistants, London, of the new plantation in Ulster, within
the realm of Ireland, and the same are still depending
between Charles lord bishop of Derry and the said society,
concerning the right of certain parcels of land and other
tenements, and concerning the right of several fishings and
tythes of fishings in the rivers of Bann and Loughfoile, in
the county of Londonderry, and in the counties of Antrim,
Tyrone, and Donegal, in the kingdom of Ireland, which
have caused great trouble and charge to the said bishops
and society, and been the occasion of great heats and ani-
mosities among several of the inhabitants of the said
counties : Now, for the settling and quieting all differences
between the said see and society, and for remedying the
said inconveniences, and for preventing the like for the
future, the said lord bishop of Derry and the Governor and
Assistants of the said society do most humbly beseech your
Majesty that it may be enacted, and be it enacted by the
128 APPENDIX.
Queen's most excellent Majesty, by and with the advice
and consent of the Lords spiritual and temporal, and the
Commons in this present parliament assembled, and by the
authority of the same, that the said Governor and Assis-
tants, London, of the new plantation in Ulster, within the
realm of Ireland, and their successors, shall and may for
ever hereafter have, hold, and enjoy, to their own proper
use and behoof, all those several quarters or parcels of land
called or known by the names of Termonbacco, Mollenam,
Ballygan alias Bally go wan. Bally wirry alias Bally ougry,
Creevagh, and Killeigh alias Killeagh, and sometimes known
by the name of the fifteen hundred acres, and by some called
or known by the name of Termonderry, or by what other
name or names the same or any part thereof be called or
known, situate, lying, and being in the county of London-
derry, in the county of the city of Londonderry, or one of
them ; and also all that fishing called the Gull or Gutt,
near Ballynass ; together with the wear and mill of
Ballynass, with the appurtenances, and the small piece of
land thereunto adjoining, and heretofore enjoyed with the
same, containing by estimation two acres and a half, more
or less ; and also all the fishings and rights of fishings ; and
also all and all manner of tythes of fishing belonging to the
said bishop or see of Derry, of what nature or kind soever,
in the rivers of Bann and Loughfoile, within the county of
Londonderry, or of or in any other rivers, waters, or fishing
places within the said county of Londonderry, or in the
counties of Antrim, Tyrone, or Donegal, and which have at
any time heretofore been claimed or enjoyed by the bishops
of the said see of Derry for the time being : and that the
APPENDIX. 129
said lands, tenements, fishings, tythes of fishing, and all
other the premises subject to all former charges, issues, and
payments, charged or chargeable upon any of the premises,
or upon the said bishops of Derry for or in respect of the
same, be and are hereby vested in the said Governor and
Assistants, London, of the new plantation in Ulster, within
the realm of Ireland, and their successors, and shall be held
and enjoyed by them against the said bishop of Derry and
his successors, and all persons claiming by, from, or under
them or any of them. And for a full and ample compensa-
tion to the said bishop and his successors, bishops of Derry,
be it enacted by the authority aforesaid that the said
bishop, and his successors, bishops of Derry, for ever here-
after, shall have and receive, and shall be seized in the
right of their said bishopric, of and in one annuity or
rent-charge of ^250 per annum, to commence from the
feast-day of the Annunciation of the blessed Virgin Mary,
1704, payable quarterly at the four most usual feasts or
quarterly days of payment in the year ; that is to say, the
feasts of the Nativity of St. John the Baptist, Saint Michael
the Archangel, the birth of our Lord God, and the Annun-
ciation of the blessed Virgin Mary, by even and equal
portions, at the mansion-house belonging to the said bishop
of Derry, situate in Londonderry aforesaid, issuing out
of, and chargeable and charged upon, all and every
the premises hereinbefore mentioned, and all other the
messuages, lands, tenements, fishings, tythes of fishings,
and all other the estate whatsoever, of the said Governor
and Assistants, London, of the new plantation in Ulster,
within the realm of Ireland, situated, lying, and being in
130 APPENDIX.
the said province of Ulster, in the said kingdom of Ireland.
And be it further enacted by the authority aforesaid, that
when and as often as the said yearly rent of £250 or any
part thereof shall be behind and unpaid by the space of thirty
days next over or after any of the said feast days whereon
the same ought to be paid as aforesaid, that then it shall
and may be lawful to and for the said lord bishop, and his
successors, bishops of Derry, into all or any of the premises,
charged or chargeable with the said rent to enter and
distrain, and the distress then and there found to take and
carry away ; and in case the arrears then due, together
with all the costs and charges of taking and keeping such
distress, shall not, within five days after the taking the
said distress, be fully paid and satisfied, it shall and may
be lawful to and for the said lord bishop of Derry, and his
successors, bishops of Derry, to sell and dispose of the goods
and chattels so distrained, and thereout pay all the said
arrears then due, and the costs and charges of such distress
and sale, for non-payment thereof, rendering the overplus
to the owner or owners of the goods and chattels so dis-
trained ; and in case no distress or not sufficient distress
shall be found, that then it shall and may be lawful to and
for the said lord bishop of Derry to enter into and upon all
and every or any part of the said premises, charged as
aforesaid, and to hold the same, and to take and receive
the rents, issues, and profits thereof, to his and their own
use, until thereout and thereby he and they shall be fully
paid and satisfied for all arrears of the said rent, together
with all damages, costs, and charges which he or they shall
be put to, by reason of such entry, for non-payment of the
same. And be it further enacted by the authority afore-
said, that the fee and inheritance of and in one large
mansion-house, with the scite of the same, commonly called
APPENDIX. 131
the bishop's house, with the gardens, orchards, stables,
out-houses, and all other the appurtenances thereunto
belonging, now enjoyed by the said Charles lord bishop of
Derry, under a certain rent, payable to the said society,
and situate in or near the said city of Londonderry or
liberties thereof, from and after the determination of a
lease thereof now in being, purchased by the said Charles
now lord bishop of Derry, shall be and are hereby vested in
the said lord bishop of Derry, and his successors, bishops
of Derry, for ever, and shall for ever hereafter be held and
enjoyed during the said term by him, the said Charles lord
bishop of Derry, his executors, administrators, and assigns,
and from the determination of the said term, by the said
lord bishop and his successors, free from all payments to,
or claims or demands of or from, the said society and their
successors ; saving, nevertheless, to the Queen's most
excellent Majesty, and to all and every other person and
persons, bodies politic and corporative, their heirs and suc-
cessors respectively (other than the said Charles lord bishop
of Derry and his successors, and the said society and their
successors) all such right, title, interest, claim, and demand
whatsoever, in, to, or out of the said premises, as they or
any of them have or hath or might claim, in, to, or out of
the said lands, tenements, fishings, and premises, or any
part thereof, as if this Act had never been made.
k2
132 APPENDIX.
THE SKINNERS' COMPANY VERSUS THE
IRISH SOCIETY AND OTHERS.
Bill in Chancery, filed 16tli July, 1832, the prayer of
which is as follows : —
And that it may be declared that your Orators and the
other Companies who contributed to the expenses of the said
new plantation of Ulster as aforesaid, and to whom and for
whose benefit the said lands and hereditaments were allotted
and conveyed as aforesaid, are beneficially entitled to the
rents and profits of the said ferries, fisheries, and town lands,
subject only to the payment of the said yearly sums to the
Bishop of Derry and the Governor of Culmore Castle, and
to the charges (if any) to which the same are subject under
the said articles of agreement and the said charters respec-
tively ; and that it may be declared that the said Irish
Society of London are trustees of the same rents and profits
(subject as aforesaid) for your Orators and the said other
Companies, and that an account may be taken by and under
the direction of this honourable Court of the rents and
profits of the said ferries, fisheries, and town lands, which
have been received by the said Defendants, the Irish Society
of London, or by any person or persons on their behalf or
for their use, or which, without their wilful neglect or
default might have been so received, and that a partition of
the said ferries, fisheries, and town lands, between your
Orators and the said other Companies may be decreed, and
that the same may be effected by proper conveyances ; or if
this honourable Court shall be of opinion that such partition
ought not to be made, then that the said Irish Society of
London may be removed from being trustees of the said
ferries, fisheries, and town lands ; and that one or more of
APPENDIX. 133
the said Companies, or sucli person or persons as to this
honourable Court may appear best, may be appointed trustee
or trustees of the said ferries, fisheries, and town lands ; or
that such other arrangement, as to this honourable Court
may appear just and proper, be made, securing to your
Orators and the said other Companies the due payment of
their respective proportions of the rents and profits of the
said ferries, fisheries, and town lands, and that in the mean-
time a receiver or receivers of the said rents and profits may
be appointed under the decree of this honourable Court ; and
that the said Defendants, the Irish Society of London, may
be restrained by the injunction of this honourable Court from
collecting, getting in, and receiving the same rents and
profits, and every part thereof ; and that your Orators may
have such further and other relief as the nature of the case
may require, or to your lordships shall seem meet.
THE JUDGMENT OF THE RIGHT HONOURABLE
LORD LANGDALE, MASTER OF THE ROLLS,
DELIVERED IN HIS COURT, AT WEST-
MINSTER HALL, ON MONDAY, 19th NOVEM-
BER, 1838.
Lord Langdale. — The plaintiffs in this Cause are the
Company of the Skinners of the City of London : the de-
fendants are the Society of the Governor and Assistants,
London, of the new plantation in Ulster, within the realm of
Ireland, who are usually called the Irish Society : the Com-
pany of Mercers, and about forty other Companies of the
City of London ; the Corporation of the City of London,
Hi
AFnamaL iSS
for tiie Comfoaam ci maj mm^km iHbiek mmj
miUr ■wiim^ estoapeUie |iw|iiii, bai cUm
tenikmarj power to affijr •• mmek «f ^0
ineiMBe as tiicj maj tlmik fit for Hwf pdiie panpoKs
widKMrt bang liaade to aeeont for tibe Mse to Ife Camk-
ponies. Tlordl^.tiwGitjcfLiMidoB, wlKiicMt tfedbH
o€ tiie f^sintiffi, snd daisi for Aasseivcs a lyfirifi sf
▼iritatcrial or auperiutgn^ng power, niaWing tibe^ ts
eooftral tiie eonfaKi and ptwwjiiiiigi €i tfe Indk Ssds^.
And, YaoriMj, iht AUaoMBjA^tntai, 1^0^ on tike]
ol the Oown, JUgepLSts tiiat the
applieaiile to pdbfie
Aa nodm^ can be 4
on tbe pteaenfr occaaon, liie
Gbne k^wbeftiier Hie InA Socielj ba^ indr|if mirntfj eg
Ibe Owqanifs, and witiiont bon^ sdfajeei to
them, a discreliionaij power to appi^ anj part of the 1
and i^ofitB of the egtitea Tested in
wbkh thej deen benrlimi to the
to the plantation in Iveiand,
pieadingiL. The Irish Society SB^bt be aasveraUe to
Gtf of lixMion, or to die
peolected by tlw €% of Ijondbn, or to the Cbown; jet
if it is not answeraUe to tiie Gosipanies aev«raIlTin ^m
Coait, the plaintiffii are not «tilied to Ae reBef
difqr »k bj thk Bin. On the otber haiad, if Ae
have no waA dSaeaAmmrj power as tfi^
as trustees answeraUe to tibe
thor ieoeq»te and paj»entB» tiK phiwtHft are intilbd to
r^e^tiieir n^b^
lefnaed to
136 APPENDIX.
The Irish Society now subsists under a Charter of King
Charles the Second, dated the 10th of April, 1662. That
Charter was principally, and as to most of its details,
founded on a former Charter granted by King James the
First, on the 29th of March, 1613 ; and from the mode
in which the case was stated and argued on all sides, it
appears to me necessary to consider the circumstances
under which the first Charter was granted, so far as those
circumstances are proved by the evidence in this cause.
And from the evidence, it appears, that in the year 1608,
the greatest part of the six several counties of Armagh,
Tyrone, Coleraine, Donegal, Fermanagh, and Cavan, had
by escheat or forfeiture come into the possession of the
Crown, and that King James the First, being desirous to
promote the public peace and welfare of Ireland by a civil
plantation of what were called " those unreformed and
waste countries," proposed to induce English and Scotch
persons to emigrate thither and undertake the plantation
on certain terms ; and for that purpose he caused to be
published a collection of such orders and conditions as
were to be observed by the undertakers upon the dis-
tribution and plantation of the lands.
It is plain, from these orders and conditions, that the
King did not merely contemplate the benefit of the per-
sons who should undertake the plantation, or colony, as
it is called in another document ; but that he had a great
public object in view, and to carry that into effect, desired
to engage such of his subjects, as well of Great Britain
as of Ireland, as being of merit and ability should seek
the lands with a mind not only to benefit themselves,
APPENDIX. 137
but to do service to the Crown and Commonwealth ; and
it was intended to appoint commissioners for setting forth
the several proportions of the land, and for the ordering
and settling the plantation according to such instructions
as should be given unto them by His Majesty in that
behalf ; such commissioners were appointed and instructions
given to them on the 21st of July, 1609 ; but before that
time, the King became desirous to engage the City of
London in the undertaking, and caused to be prepared a
paper, setting forth " Motives and reasons to induce the
City of London to undertake the plantation in the north
of Ireland."
These motives and reasons, after suggesting that the
ruinated City of Derry, and another place, at or near the
castle of Coleraine, seemed to be the fittest places for the
City of London to plant, and that the situation was such
that the same, especially the Derry, might be made by
land almost impregnable, set forth that His Majesty
might be pleased to grant unto those towns, not only
Corporations with such liberties and privileges for their
good government, &c., as might be convenient, but
also the whole territory and country between them, which
was about twenty miles in length, bounded by the sea
on the north, the river Bann on the east, and the river
of Derry or Lough Foyle on the west, out of which 1,000
acres more might be allotted to each of the towns for
their commons, rent-free, the rest to be planted with such
undertakers as the City of London should think good for
their best profit, paying only for the same the easy rent
of the undertakers.
138 APPENDIX.
The motives and reasons further set forth that His
Majesty might be pleased to grant to those towns the
benefit of all the customs of imports and exports for
twenty-one years, paying only a yearly rent of 65. Sd. ;
and to buy the salmon fishing in the river of Bann and
the Lough Foyle, and bestow the same on the towns for
their better encouragement ; and likewise to grant them
licences to transport all prohibited wares growing on their
own lands, and the Admiralty on the coasts of Tyrconnel
and Coleraine ; and then were specified the land com-
modities which the north of Ireland produced, the sea
commodities, and the profits which London should receive
by the plantation, and the profits which were described
were of a public nature affecting the general welfare of
the City.
These motives and reasons were intended to be and after-
wards became the subject of conference between certain
persons authorized to act for the City, and certain mem-
bers of the King's Council ; and precepts were issued by
the Lord Mayor to induce the Companies of the City of
London to appoint persons to act for them, and a first
answer having been given and disliked, because given
before any conference had with the King's Council for
Ireland, persons were afterwards appointed committees
for such conference by the City, and such committees, as
is stated in the precept dated 24th of July, 1609, received
such satisfaction, as well of the honour of the action, and
the good that might come to the kingdom and City by
the same, as the profit that was likely to redound to
particular adventurers, as had given good encouragement
APPENDIX. 139
to the committee and others to become adventurers therein ;
and liberty was also given for further satisfaction (that
all things should be answerable to that which was reported)
that certain men should be chosen and sent by the City
to view the place, and make return to the City ; so that,
if it proved not answerable to that which was reported,
and profitable for the undertakers, the City might be at
liberty to leave the undertaking, any thing then done
notwithstanding. Under these circumstances the Court
of Aldermen ordered precepts to be sent to the several
Companies of the City, requiring them to call their Com-
panies together to understand what every particular man
would willingly adventure to the same, so that the com-
mittees might be fully instructed to give answer to the
Council of Ireland on Friday then next, the 28th.
Precepts were accordingly issued : it does not appear,
however, that this course was pursued ; for an order of
the Court of Common Council, dated the 1st of August
following, was made, which, without taking notice of any
willing adventurers, or any offers of contribution, recites,
that the Privy Council had theretofore signified His
Majesty's pleasure to divers Aldermen and Commoners
concerning the intended plantation, and that divers Alder-
men and Commoners elected by that Court had had con-
ference with the Council of Ireland about the same, and
then proceeded as follows: — "It is this day, therefore,
upon the motion and commandment of the Lords of His
Majesty's Privy Council, signified to divers Aldermen and
Commoners of this City, upon Sunday last [the 30th of
July], at the Council-table, concluded and agreed that
140 APPENDIX.
four wise, grave, and discreet Citizens of this City should
be presently sent to view the place; and it was there-
upon ordered, that four persons named should forthwith
at the City's charges, undertake the voyage into Ireland,
and survey and view the place and grounds intended for
the new plantation there, and make report to the City,
at their return from thence, of their opinions and doings
touching the same." The persons appointed to be viewers
received from the City £300 for their expenses, and then
proceeded on their mission to Ireland.
It appears, therefore, that at this time, the King's
Government was in treaty with the City of London to
undertake some portion of this plantation ; and that the
City, before entering into any engagement, proceeded by
Commissioners or Agents of their own, and at their own
expense, to ascertain the facts necessary for their con-
sideration.
By an order of the Court of Aldermen, dated 28th of
November, 1609, it appears that the Commissioners had
then returned and made their report, and an additional
sum of £100 was ordered to be paid to them ; and on
the 2nd of December, 1609, the Court of Common Council,
after noticing that the Lords of the Council expected
presently to hear the Resolution of the City, touching
the plantation, it was ordered, that Sir Stephen Soame,
and others, calling unto them the four commissioners, or
viewers, should meet together to advise and consider of
all circumstances and matters fit to be remembered
about the plantation, and they were to be ready to
make report to the next Common Council in writing, of
APPENDIX. 141
their opinions touching the same, whereby the City's
resolute answer, concerning the said intended plantation,
might be made, and delivered to the Lords of the Council,
in the time thereby limited.
On the 15th of December, the Report of the Committee
was made, and it recommended in substance, that the sum
of money to be expended should only be £15,000, and
that the same should be raised by way of Companies,
and in Companies by the poll, according to the rate of
corn set upon every Company. But some of the inferior
Companies were thought fit to be spared, yet such as were
known able men in those Companies to be set propor-
tionably with men of like ability in other Companies,
and for this levy it was proposed that an Act should be
passed in the Court of Common Council.
After this statement, as to the sum and the mode of
raising it, the committee so appointed claimed that the
Derry and the town of Coleraine should be the places
where two cities should be erected ; that unto Derry 4,000,
and unto Coleraine 3,000 acres of land should be laid,
and that the rest of the territory and county of Coleraine,
estimated at 16,000 acres of temporal lands, more or less,
should be undertaken. Various privileges, varying from
those mentioned in the first project, were proposed to be
claimed ; and it was suggested, that seven years' time
should be asked for to make such other reasonable demands
as time should show to be needful, but could not presently
be foreseen. The Report then stated what was proposed
to be done, and finally suggested, that all things should
be managed and ruled as follows : — "It is thought best
142 APPENDIX.
that a Company be constituted here in London, and persons
to be selected for that purpose, and Corporations to be
settled in the two cities of Derry and Coleraine ; but all
things concerning this plantation and Undertaking to be
managed and performed in Ireland, by advice and direction
from the Company here in London.
The Report containing this suggestion, which was the
first germ of the Irish Society, was approved by the
Common Council ; and Mr. Recorder and others were
appointed to present the same, as the City's Answer, to
the Lords of the Council. This was done, and the Lords
of the Council having objected that £15,000 was too
small a sum, did not accept the offer, in consequence of
which, the Court of Common Council, on the 22nd of
December, 1609, ordered that the sum of £5,000 should
be added to their former Report, in respect of buying in
of private interests, and other charges ; and the com-
mittees formerly appointed were required to deliver their
former Report with that sum added, as their Answer to
the Lords of the Council. With this Answer, the Lords
of the Council appear to have been satisfied ; and in con-
templation of a final Agreement, measures were very soon
adopted by the City for carrying the project into execu-
tion, on their part; and on the 8th of January, 1609-10,
at a Common Council then held, it was enacted, granted,
and agreed, that Sir Thomas Bennett, and twenty-two
other persons then named, and the four Commissioners
or Viewers, that were sent from the City into Ireland to
view the intended place for plantation, should, from time
to time, meet, and have conference, as well amongst them-
APPENDIX. 143
selves as with such Commissioners as should be appointed
by the Lords of the Council, touching the intended
plantation in Ulster, and the said Committees, before
named, were to take advised care and consideration of all
matters whatsoever, that to them in their discretion
should be thought fit to be propounded, moved, or done,
on the behalf of the City, touching the same plantation,
as the matter itself, being of that consequence and im-
portance, did merit. And Sir Thomas Bennett was
appointed to be the President of the said Committees.
And it was further enacted, for the better expediting
of the service, that a present taxation should be made of
the said sum of .£20,000, and a present levy made of
one-fourth part thereof; and that the fourth part of
£20,000, that is, the sum of £5,000, should be raised by way
of Companies of the City, and in Companies by the poll,
according to the rate of corn set upon every Company —
that some of the inferior Companies were to be spared,
yet such as were known able men in those Companies
were to be set proportionably with men of like ability in
other Companies, according as in the Report of the Com-
mittees, confirmed by the Common Council, is mentioned ;
the same monies to be speedily raised and to be paid on
or before the Feast of the Purification next ensuing, unto
Mr. Cornelius Fishe, Chamberlain of the said City, who
by the said Court of Common Council was appointed
Treasurer, as well for the receipt and payment of the said
.£5,000 as of the rest, being £15,000, when it should be
required, and on the following day precepts were issued
for the purpose of carrying into effect the taxation and
levy accordingly.
144 APPENDIX*
The Lords of the Council, and the Committees of the
City,' soon afterwards came to an Agreement : Articles
were drawn up and settled ; they bear date 28th of
January, 1609-10, and they were approved and allowed
by the Court of Common Council, on the 30th of the
same month; and from the course of proceeding which I
have stated, it appears that, although it was at one time
suggested that individuals should willingly undertake or
voluntarily contribute to the undertaking, every thing at
length centred in the City and in the Court of Common
Council, as representing the City. The City undertook
and was to perform. The City was to provide the funds,
and the City was to have the profit. The City was set
in motion by what has been called the pressure of the
Crown or of the Government, and was by its Agents the
contracting party with the Government — with the Com-
panies, otherwise than as they were involved in or formed
part of the general body of the City, the Crown had no
negotiation or dealing. The Crown did not, as it seems,
concern itself either with the means by which the City
was to perform its undertaking, or with the inducements
to be held out to individuals, further than as such induce-
ments were secured by the general terms of the project,
and the motives and reasons presented to the City. It
may reasonably be supposed, that when the Court of
Common Council, in performance of the Contract, found
it necessary to exercise a somewhat questionable power
of taxation, suggestions of some benefit to result to those
upon whom the charge was imposed, would in some
manner be made. And that such was the case is ex-
APPENDIX. 145
tremely probable from the nature of the transaction itself,
and is apparent from the subsequent proceedings. But in
the formal acts at the time, the Companies are treated
as the instruments by which the sums assessed or the
amounts taxed should be levied ; and the levies were not
made upon any property of the Companies, but in Com-
panies by the poll. That the levies were compulsory,
and enforced against reluctant parties by the power of
the City, is shown by abundant evidence in this Case.
At the same Common Council by which the Agreement
was approved and allowed, it was ordained and 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 and established within the City of
London, which should consist of one Governor, one
Deputy to the Governor, and twenty-four Assistants ;
that the Governor and some of the Assistants should be
Aldermen ; that Mr. Recorder should be one of the
Assistants ; and that the Deputy and the rest of the
Assistants should be Commoners of the City. And after
providing for the continuance of the Company by election
in the Court of Common Council, and appointing the
present members of 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 direct,
appoint, and demand what should be done or performed
on behalf of the City touching the plantation, and to
146
APPENDIX.
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 Com-
missioners, 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 recognized by the Crown, that applications were
made to them in respect of matters relating to the plan-
tation. Thus, by an order of the Common Council, dated
7th of June, 1610, it appears that the King^s Commis-
sioners for Ireland desired that 2,000 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 not power to comply
with that desire, but that the same was to be done by
act of Common Council ; and had promised the Commis-
APPENDIX. 147
sioners 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 Articles, without omitting the 2,000 acres
in question. And again, in July, 1310, 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, though, 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,
L 2
148 APPENDIX.
and the managing of the whole business there, unto the
said Governors and Assistants of the Society for the
time being ; and that every Company be required by the'
same precept to deliver their Answer in writing on Satur-
day 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 a perfect relation to
the next Court of Common Council there to be holden,
which was appointed to be upon Monday then 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, the town of
Coleraine, with 7,000 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 the 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
APPENDIX. 149
far better than other ordinary undertakers had ; and then
the precept proceeds as follows : " Forasmuch as the
Governors and Committees for the plantation in Ireland
are now instantly to take care for the letting and dis-
posing of the lands in the county of Coleraine, and of
other lands in the county of Coleraine, and the other lands
so undertaken to be used and managed for the benefit of
this City, which would otherwise prove a great hinderance
and loss, especially for that the time of the year 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 building before
mentioned — These are therefore to charge and command
you that yourselves, together with the Assistants and
such others 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 the plantation, or whether 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 that 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
150 APPENDIX.
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 prin-
cipal 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 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 under-
stood 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,
APPENDIX. 161
or to refer the letting and disposing thereof to the
Governor and Committees. It was an offer which by some
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 building
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 whatsoever.
After these proceedings, the undertaking continued to
be carried on by the Company or Society, under the
control of the City, the money mentioned to be 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 assess-
ments. And it is to be observed, that by an order of
the Common Council, dated 10th of July, 1611, by which
an additional taxation of £10,000, and a present levy of
£5,000 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 £10,000, or would
be content to lose all the money they had already dis-
bursed, and pass over their right therein to such as would
undertake the payment for them, and to free and dis-
152 APPENDIX.
charge 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 for-
feiture.
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 lands would be made
to them, and 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
Governor, and continue until the assurance from the King
unto the City, concerning the plantation, should be ob-
tained and finished.
The Charter of James was obtained soon after the date
of this order. It is dated the 29th of March, 1613, and
after reciting the King's intentions, and that the Mayor,
Commonalty, and Citizens of London, had laudably under-
taken 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 here-
ditaments 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 the town of Coleraine,
and to incorporate the citizens of Londonderry, and to
APPENDIX. 153
declare that they should have a Mayor, Aldermen,
Sheriffs, and a Chamberlain ; and 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 declare the same
to be improper ; and the laws and ordinances were to be
valid when confirmed by the Society, but if declared im-
proper, were to be wholly void.
The Charter then appointed the first Mayor, and Alder-
men, Sheriffs, Chamberlain, and chief burgesses, and then
proceeded to constitute the Irish Society, " for the better
ordering, directing, and governing all and all manner of
things for and concerning the citizens and city of Lon-
donderry, and the county of Londonderry, and the plan-
tation to be made within the same city and county, and
other businesses belonging to them." And after incor-
porating 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, trans-
act, and determine all and all manner of matters and
154 APPENDIX.
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 plan-
tation, supply, or establishment, constitution, and govern-
ment 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
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, and generally any
other cause, matter, or thing whatsoever, concerning the
direction or ordering of the plantation aforesaid, or con-
cerning 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
ten years, and making many other regulations respecting
Londonderry, grants to the Irish Society and their suc-
cessors, the several forts, towns, and lands which are
described at great length, and all fealty and services of
socage reserved out of the same premises, and all knights'
fees, wards, marriages, escheats, reliefs, heriots, fines,
courts leet, courts of view and frankpledge, heredita-
ments, and appurtenances to be held as amply as the
APPENDIX. 155
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 4,000 acres next adjoining upon the Derry side,
and the town of Coleraine and the 3,000 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 men-
tioned. And 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 Glan-
konkeine 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
merchandized or sold. The customs were then granted to
the Society for ninety-nine years, for a rent of I3s. id.
The office of Admiral was granted for ever on the coasts
or shores of Tyrconnel, Coleraine, and the county of
Londonderry, and to these were added various other im-
portant powers and privileges.
It is to be observed, that by an order of the 30th of
January, 1610-11, the Irish Committee, or Company, as
it was called, was made to consist of the Governor,
Deputy Governor, and twenty-four Assistants. By an
156 APPENDIX.
order of the 31st of May, 1611, eleven Assistants were
added ; and by the last appointment, previous to the
Charter which was made by the Court of Common
Council on the 8th of 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 of 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 con-
stitution, 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.
APPENDIX. 157
The powers, indeed, are many of them of a public and
political nature, and considering the Charter in connexion
with the contemporaneous circumstances, I think it must
have been understood, 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 that,
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 govern-
ment 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 plan-
tation of such lands as might be allotted to them, to
receive such benefits as were offered to and might be
realized 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 appoint-
ment 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 show that the Companies were intended
158 APPENDIX.
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 of Feb-
ruary, 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 the City of London, and it does not
seem that the Society did under the Charter arrogate any
independent 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 ; and by
an order of the Court of Common Council, dated the
30th day of that month, an additional levy of <£1 0,000
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 disper-
sedly 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. And on
the 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 forti-
APPENDIX. 159
fications 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. And by a
further order made on the same day, after reciting that
in so noble a work, so taken to heart by the King, and
wherein the City, upon the hopeful success thereof, had
already expended and were likely to expend great sums
of money, it was generally thought fit, as a matter much
importuning the advancement of the said work, as well
for the general satisfaction of the several Companies of
the City who had undertaken the same, as also for
accommodating such other aflPairs and circumstances as
from time to time thereafter should be offered to the further
consideration of that Court (i.e. the Court of the Common
Council), that some great and worthy magistrate of the
City, accompanied by some commoner of special 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 instruc-
tions, 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 done and to be done, and of all disbursements
160 APPENDIX.
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 thereof, to the intent that upon
their return and relation of their proceedings, the Court
of Common Council might come to such final resolution
touching the plantation as should be thought fit, and
that the charges of the negotiation should be defrayed
by the Irish Society out of the general stock of the
plantation.
This order is remarkable as showing 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.
APPENDIX. 161
Very full instructions appear to have been given to
the Commissioners: and on the 8th of November, 1G13,
Mr. Alderman Smithies delivered the report of himself
and Mr. Springham, dated 15th 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 Cul-
more, 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, wdth 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 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 for the 4,000 acres there ; and the
town of Coleraine, and the 3,000 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
162 APPENDIX.
want timber to build with, that 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 connexion 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 whenever it was wanted ; the
necessity, or even the propriety or prudence of reserving
some property producing income to answer the general
purposes of the plantation, may not have been suggested ;
or if suggested, may have yielded to the greater prudence
of holding out prospects of income or profit to those upon
whom the burden was imposed, by a power which, even
if thought lawful, must have been considered as arbitrary ;
APPENDIX. 163
and was, according to the evidence in many instances, not
obeyed without reluctance on one side, and the appHcation
of force on the other.
A division of the lands by lot was effected under the
direction and superintendence of the Court of Common
Council, on the 17th of December, 1613, and each of
the twelve chief Companies had allotted to it so much
land as in quantity and value equalled one-twelfth part
of the whole of the lands to be divided under an arrange-
ment, by which every Company of the City was to have
an interest or share in the divided lands proportioned
to the amount of money levied upon it for the purposes
of the plantation. And this being done, an order was
immediately made for a further levy, as follows : " After
all which done," meaning the allotment, "information was
given by the Governor and Assistants of the Irish Society,
that all the monies formerly levied towards that charge
is altogether issued ; and that, notwithstanding the Com-
panies had their particular shares of land, which was to
be managed by themselves severally ; that the general
work for the building of the rest of the towns and forti-
fications was to be done at the general charge, and there-
fore, that a further supply must of necessity be made and
provided to proceed on the business. And therefore it
was enacted that a present taxation should be made of
the further sum of £5,000, which was accordingly ordered
to be levied and raised of the several Companies of the
City. And it was also ordered, that conveyances should
be made of the lands allotted to the several Companies,
by the advice of the Recorder, in such manner as the
m2
164
APPENDIX.
Committees of the plantation (that is the Irish Society)
should think fit.
It appears that the Companies, without waiting for
their conveyances, planted and placed divers numbers of
British on their proportions of lands, and expended very
large sums of money thereon. But independently of these
undertakings, the works which were to be done at the
general charge of the City continued to be expensive,
and additional sums were levied on the Companies. Com-
plaints were about the same time made on the part of the
Crown, that the plantation had not proceeded according
to the conditions, and an intimation was given that the
Grant might be resumed. Further time however was
given, till the last day of August, 1616. The City in
the meantime continued its active interference by orders
of the Court of Common Council, and employed its own
agents ; the Irish Society seeming to act rather in its
original character of a Committee of the City than as an
independent Corporation.
In the year 1615, license to hold lands in mortmain
was granted to the Companies, and in the course of the
next or two or three following years manors were created ;
and conveyances thereof, and of the allotted lands, were
made to the Companies by the Irish Society. The con-
veyances were absolute ; in some without, and in others
with, the reservation of rent to the Irish Society. The
license for the Companies to hold in mortmain, and also
a license to the Society to convey to them ; and it con-
tained a recital that the Companies, in testimony of their
true obedience to the Crown, &c., had disbursed, expended.
APPENDIX. 165
and bestowed divers great sums of money for and towards
the building, fortifying, planting, strengthening, and im-
proving the city of Derry, and the town of Coleraine,
and some parts of other lands, and were willing, and
intended, so far as to them should seem convenient, to
be at further charge for the planting and improving of
other lands, and for speedier proceeding therein, were
desirous to have conveyances of the land they intended
to build on, and therefore, and to the end that the several
Companies might be the better encouraged, and enabled
to perfect the intended plantation and in future times
reap some gain and benefit of their great travails and
expense taken and best6wed therein. The license was
granted, and the Companies of London were then recog-
nised by the Crown as parties interested in the plantation
as undertakers, and after the conveyances were made
the Companies may be considered as entitled to the lands
allotted and conveyed to them, subject to the conditions
of plantation, as to particular lands, and as respectively
entitled to all the profits to arise from those allotments,
which, subject to the performance of those conditions,
could lawfully be made. The lands not allotted, together
with the ferries and fishings, remained vested in the Irish
Society ; and the City of London, or the Irish Society
on its behalf, were bound to the performance of those
public works which were among the conditions of plan-
tation ; and for the purposes of those general and public
works were, or were supposed to be, entitled to levy
money on the Companies for whose satisfaction they at
least professed themselves to be bound to provide.
166 APPENDIX.
About five or six years after the conveyances were
made, further complaint was made by the Crown that
the conditions of plantation had not been performed.
The complaints were laid before the Court of Common
Council the 2nd of June, 1624. They principally regarded
the general works of the plantation, but in part, the
conduct of the plantation of the lands conveyed to the
Companies. As to the former, answer was made by the
Court of Common Council : as to the latter, the subject
was made known to the several Companies, and on their
part the Common Council complained that the undertakers
had been impeded by monopolies and patents of privilege
contrary to the King's grant. The answer, though
approved in the Court of Common Council, was for
alteration in matter of form and words of the like sense
referred to the Irish Society, and others who had joined
with them in drawing the answer.
Not long afterwards, and in the beginning of the reign
of Charles the First, the King having referred certain
matters relating to the plantation to Lords Grandison,
Carew, and Chichester, and the Chancellor of the Ex-
chequer, did, upon their advice, require the City of
London to do many things then specified, most of which
were generally works, but some affected the conduct of
the Companies ; and the Common Council made answer
to these requisitions not only with respect to the general
works, but also with respect to the plantation undertaken
by the Companies. And as to the first demand, which
was, that a fair new church should be built, they say,
that although the work be very chargeable, and that the
APPENDIX. * 167
stocks of all the chief Companies of London are already-
exhausted by means of the plantation, yet in obedience
to His Majesty's pleasure (the work also in itself being
pious), they will forthwith give order to make preparation
for erecting a fair new church, and will, so soon as con-
veniently they may, finish, and beautify, and adorn the
same with seats fit and convenient.
In the course of a few years afterwards, informations
were filed in the Star Chamber against the City of
London, the Irish Society, and certain individuals ; the
defendants were charged with the deceitful and undue
procuring of the Charter of James, and with wilful breach
of the articles agreed upon between the Lords of the
Council and the committees appointed by the City (on
the 28th of January, 1609-10), and with the wilful
breach of the trust which the King had reposed in
them. It appears that during the proceedings it was
insisted on by the City that they had nothing to do with
the plantation, and that their name was used merely for
the transaction of affairs, and for the levying of monies
upon the Companies for the plantation. This point was
overruled, and the Court having adjudged that many
offences, both of omission and commission, had been com-
mitted, inflicted upon the City of London, and upon the
Irish Society, a fine of £70,000, and decreed that the
patent and their estates and interest should be surrendered
and be brought into Court to be cancelled. And after
reciting that the greatest part of the lands were by the
Society passed over to divers Companies of the City, and
by them demised to their farmers, who were not defendants
168 APPENDIX.
to the Suit, and therefore not liable to the censure of
the Court, although in the opinion of the Court they
might justly have been censured if parties, it was directed,
that if the Companies and their farmers should not, in
pursuance of the intention of the sentence, surrender their
estates, the Attorney-General should exhibit an informa-
tion and bring them also to the judgment of the
Court.
This decree, if lawful, entitled the Crown to recover not
only a fine of £70,000, but the possession of all the lands
and hereditaments which remained vested in the Irish
Society, and it was accompanied by an intimation that
fines, and also all the lands conveyed to the Companies,
or demised to their farmers, might be recovered if the
Attorney-General thought fit to sue for them. Steps were
early taken for the execution of the decree, and pro-
ceedings were commenced against the twelve Companies.
In these circumstances, a negotiation for money took
place between the Crown and the City. The City pressed
by the impending fine and forfeiture, and by other charges
made against them, offered a composition of £100,000.
The Crown endeavoured to obtain more, and the City
acting or professing to act only for the Companies, and
in concurrence with them, offered to give up all the
fishings and all the lands held by the Society or by the
Companies, and all arrears of rent. And at length, after
a protracted negotiation the fine was ultimately compro-
mised, and the City agreed to surrender the lands, fishings,
and customs in Ireland, and to pay a sum of £12,000,
and thereupon proceedings to repeal the letters patent
APPENDIX. 169
were made available by consent or default. But after-
wards, in other political circumstances, the City en-
deavoured to obtain relief from this oppression, and to
make available before the House of Commons those
arguments which had failed before the Court of Star
Chamber ; and the House of Commons, then advancing
to the ascendency which it soon afterwards obtained,
took upon itself to pass resolutions declaring its opinion
on the judgment of the Star Chamber, and declaring its
opinion of the conduct of the City and of the Companies
respecting the plantation. The proceeding appears to have
ended in the King's expressing himself to be willing to
restore the plantation to its former footing, and it was
proposed to confirm the rights of the Companies by Act
of Parliament ; but civil wars supervened, and it was
under the power of Cromwell that the Charter, and the
estates derived under it, were first pretended to be renewed.
I have thought it right to refer to these proceedings
which were dwelt upon in the argument, as affording
evidence of facts or conclusions material to be now con
sidered, and I have read all the documents referred to.
But I am of opinion, that allegations and admissions
used for the purpose of defence against attempted extor-
tion, 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. If the same allegations are
otherwise proved, and undoubtedly some of the allegations
now referred to are otherwise proved, regard must be had
to such proof. But, independently of such other proof,
170 APPENDIX.
and of fair inference from the facts otherwise proved,
I conceive, that the allegations and admissions which
were made in the Star Chamber, or in the treaty which
arose out of the sentence there, or in the proceedings
which took place before the House of Commons, ought
not in any way to influence my judgment.
Soon after the Restoration, on the 10th of April, 1662,
King Charles the Second granted the Charter under which
the Irish Society now exists, and from which the subsisting
titles to the lands and estates thereby granted are derived.
This Charter recites the Charter of James, the grants made
by the Society which was constituted under that Charter,
and that the Society retained in its own hands such part
of the tenements and hereditaments as were not properly
divisible, for defraying the charge of the general operation
of the plantation. It further recites the repeal of the
Charter, the promise made by King Charles the First
to restore the same, and that it appeared that the Society
and other Companies of the City had expended very great
sums of money in building and planting of the county
of Londonderry and Coleraine ; and then proceeds to ex-
press, that the present grant was made to the intent
that the Society or some other Society, by the present
letters patent to be created, and the Companies of the
City of London, and their respective assigns and under
tenants, might, according to their former several rights
and interests therein, be restored to all the estates vested
in them by force of the former letters patent, and the
grants by the Society and other Companies respectively
theretofore made, as fully to all purposes as they might
APPENDIX. 171
have had the same if there had been no repeal of the
former letters patent, and to the intent that there might
be a new Society of the new plantation in Ulster, and
a new incorporation of the city of Derry, and for the
further and better settling and planting of the said county,
towns, and places, with trade and inhabitants.
This Charter, therefore, is expressly made for the pur-
pose of restoring the rights derived under the former
Charter, for restoring the rights and interests of the
Companies of London, and for further and better settling
and planting the county, &c., with trade and inhabitants.
The lapse of forty-nine years, and the change of circum-
stances, made it necessary that there should be some
differences between the clauses in the Charter of 1613
and the clauses in the Charter of 1662, and other differ-
ences may have been suggested by former experience, or
by the present views and situations of the parties. They
are sufficient to show, that the Charter of Charles was
framed with considerable care and attention, and was not
a mere transcript of the Charter of James.
In the Charter of James, no mention was made of the
Companies, but the City, and the Society acting under
the Charter of James had made conveyances to the Com-
panies, and had levied money for the general purposes
of the plantation on the Companies ; and the intention
of the Charter of Charles was to restore the Irish Society,
and also the Companies of the City of London, to
their former rights ; and after making due allowance for
all the differences which occur, the Charter of Charles
appears to me to be substantially, as it is avowedly, a
172 APPENDIX.
restoration of the Charter of James. The two Charters
are alike in the general purview, in their intended object,
in the means adopted to carry that object into eifect, and
in the powers conferred for that purpose.
Under the new Charter, new conveyances were made to
the Companies, and the Irish Society has ever since con-
tinued in the exclusive possession of the town lands,
ferries, and fisheries, and has managed or let the same,
and received and applied the rents thereof by its own
authority. It has applied portions of the rents for pur-
poses alleged to be public or charitable, and has from time
to time stated a surplus to be in its hands, and has paid
certain sums in respect of that surplus to the twelve
Companies in equal shares. On one occasion, when
money was wanted, the Society applied, not to the City
of London, as in an early period of its history, for further
levies, but to the Companies for voluntary contributions.
And on another occasion on which it became necessary to
make a statement respecting the timber, it respresented
itself to be intrusted for the Companies, and seized of a
considerable salmon fishery and other estates in the county
of Londonderry in trust for the Companies of the City,
over and besides the several proportions of lands which
had been granted. The Society have on other occasions
stated themselves to be trustees for the Companies ; and
there is an instance in which one is rather surprised to
find them refusing to render any account to the City,
and stating themselves to be accountable only to the
twelve chief Companies of London, to which all the
surplus funds under their management, not disposed of
APPENDIX. 173
in the performance of the duties which the Charter
imposed upon them, were regularly transferred and paid.
It does not, however, appear to me to be necessary
to pursue further the history of the conduct and trans-
actions of the Society. The Society have vested in them,
under a royal Charter, a very considerable property, in
which they have not, collectively or individually, as mem-
bers of the Society, any beneficial interest, and in respect
of which they are invested with great powers, and have
important duties to perform. In a sense, therefore, they
are trustees. The property is part of that which was
granted for the purposes of the plantation, and the
powers possessed by the Society as well as the duties with
which it is charged, have all of them reference to the
plantation.
Now, the objects of the plantation, and the intents
and purposes thereof, were of a nature partly public and
political, and partly private, regarding only the interests
of particular undertakers, whether corporate bodies or
individuals. When the Crown treated only with indi-
viduals, and made grants to them, it imposed only conditions
which were annexed to the enjoyment of the property
bestowed ; and the right of the Crown to enforce the con-
ditions, constituted the security which it held for the public
and political objects which were contemplated.
But when it treated with the City of London, the case
seems to have been varied, not by any change in the
conditions imposed upon particular undertakers, but by
the grant of powers and privileges which could not be
bestowed on particular undertakers, and were intended to
174 APPENDIX.
effect more important objects, to afford special means of
enforcing the conditions which affected all. And special
encouragements to undertakers, both in their particular
characters as such and as members of the City of London,
or persons enjoying the protection of the City, or par-
taking of the benefit of its general prosperity. The
objects were such as affected the general welfare of Ire-
land and the whole realm ; those were the objects of the
Crown. Such as affected the general welfare of the City
of London, those may be considered to have been the
objects of the City ; and such as affected the particular
welfare and interests of the Companies, or of individual
undertakers.
The Society emanated from the City, and even after
its incorporation by the Crown, appears to have been
little if any thing more than the representative or instru-
ment of the City for the purposes of the plantation. The
City had contracted with the Crown to perform the duty,
and ifc was at the suggestion of the City, and as the
means or as their instrument of performing the same
duty, that the Society was invested with the property and
with very extensive powers. The mistaken views which
the Society may have subsequently taken of its ow7i situa-
tion and duties (and I think that such mistaken views
have several times been taken), do not vary the conclusion
to he deduced from the Charter, and the circumstances
contemporary with the grant of the first Charter.
The duty to be performed regarded the Crown and re
garded the City, and through the City the Companies.
APPENDIX. 175
At and long after the date of the first Charter, the City-
had, or at least was practically considered to have, and
really exercised great and extensive powers, not only over
the Society, but also over the Companies ; but the City,
in its corporate character, had no beneficial interest.
The money which it had advanced was early repaid, and
the power which remained, or which was considered to
remain, was like that of the Society, an intrusted power
for the benefit of the plantation and those interested
in it.
Even after a large part of the territory comprised in
the grant had been distributed and conveyed to the Com-
panies, much remained to be done for the general purposes
of the plantation, and that which remained to be done,
could not be accomplished without expense. At the time
when the power of the City to raise money by taxation
was not disputed, it may not have been thought necessary
to retain any part of the property as a fund to support
the expense; and it was reported by the Commissioners,
on the 8th November, 1613, and probably generally
understood, that the profits of the undivided heredita-
ments might be shared among the Companies ; but, in
1662, when the Charter of Charles was granted, and the
power of the City to levy money on the Companies was
either no longer claimed, or was subject to very different
considerations, it was recited in the Charter, that the
undivided property was retained to defray the expense of
the general operation of the plantation. The expression
was borrowed from a petition presented to the House of
Commons, by the City of London, in January, 1641 ; but
176 APPENDIX.
it has its place in the Charter of 1662, and must have
weight accordingly.
It is said, and indeed admitted, that a dividend was
made in the year 1623; and if I were at liberty to con-
jecture, I might perhaps suppose that the demands soon
afterwards made on the City, and the difficulty of raising
money, led to a conclusion, that it was better to reserve
the common property for the general purposes of the
plantation, than to make division of its whole income, and
resort to taxation and levies to defray the expenses which
might from time to time be required.
It is clear that the general operation of the plantation
was not completed at the time when the distribution of
lands was made to the Companies. It was indeed strongly
urged in argument that the general operation, although
not then complete, was not long afterwards, or at all
events, was very long since completed, and that there-
upon, if not before, and in consequence thereof, the
Society became mere trustees for the Companies. But I
do not think that this Court has jurisdiction to determine
the question whether the general operation of the planta-
tion has been completed or not, and if it had it does not
appear to me that there is any satisfactory evidence on
the subject, or any thing to show that operations ma-
terially affecting many important objects of the plantation
and requiring expense may not still have to be performed ;
and if such should be the case, it does not appear to me
that this Court has, on the application of the plaintiffs,
jurisdiction to inquire or give directions about such opera-
tions.
APPENDIX. 177
And on the whole, the question is reduced to that
which was made on the motion for the payment of money
into court and for a receiver, '* Whether upon the Settle-
ment made in the north of Ireland hy virtue of the
Charter of King Jam.es the First, under which the towns
0/ Londonderry and Coleraine were Jounded, and a large
tract of country granted hy the Crown to the Irish Society,
the terms of the Grant sim,ply constituted the Irish Society
ordinary Trustees, for the benefit of the Companies of
London, or whether the Grant was coupled vnth certain
public purposes and public trusts, independently of the
private benefit of the Companies ^^
After having considered the Charter of King Charles
the Second, and the Charter of King James the First,
and the several circumstances in evidence in this cause,
which preceded and accompanied the Grant of the Charter
of King James, and having read all the documents pro-
duced in this cause, to some only of which, though at
the expense of so much time, I have but shortly adverted
and having also considered the conduct of the parties
under the Charter for so long a series of years ; —
i am op opinion 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 of lon-
DON, AND WERE INTENDED BY THE CrOWN TO BENEFIT
Ireland and the City of London, by connecting
THE City of Londonderry and the Town of Cole-
raine, AND A considerable IrISH DISTRICT, WITH THE
N
178 APPENDIX.
City of London, and to promote the general pur-
poses OF THE Plantation, not only by securing the
performance of the conditions imposed on ordinary
undertakers, but also by the exercise of powers
and the performance of trusts not within the
scope of those conditions.
The Charter of Charles the Second expressly
recites, that the property not actually divided
was retained for the general operation of the
Plantation; and considering that the powers given
TO the Irish Society for the general operation op
THE Plantation were of a general and public or
political nature ; that the property remaining
vested in the society is applicable towards such
general operation ; and that the companies of
London, though interested in any surplus which
may remain after the general purposes are an-
swered, are not entitled to control the exercise
of the powers which are given for general and
public purposes ; — i do not think that this court
has jurisdiction, upon the application of the com-
panies, to determine upon the propriety of the
EXPENDITURE WHICH HAS BEEN MADE. It MUST NOT BE
INFERRED THAT I APPROVE OF SOME OF THE ITEMS OF
EXPENSE, WHICH WERE COMMENTED UPON IN THE ARGU-
MENT. I EXPRESS NO OPINION UPON THE SUBJECT,
THINKING THAT THE SOCIETY HAVE A DISCRETION, WHICH
THOUGH CONTROLLABLE ELSEWHERE, AND IN ANOTHER
MANNER, IS NOT TO BE CONTROLLED IN THIS CoURT UPON
SUCH A BILL AS THIS.
APPENDIX. 179
And upon the whole I think, that the Bill must
BE dismissed with Costs as against the Irish Society,
the City of London, and the Attorney General;
— WITHOUT Costs as against the other Companies,
unless it shall appear that any of the Companies
HAVE opposed THE CLAIM OF THE PLAINTIFFS.
THE JUDGMENT OF THE HOUSE OF LORDS,
DELIVERED BY THE RIGHT HON. LORD
LYNDHURST, LORD HIGH CHANCELLOR,
AND THE RIGHT HON. LORD CAMPBELL, ON
FRIDAY, THE 8th DAY OF AUGUST, 1845.
The LORD CHANCELLOR.
My Lords, it is not necessary in this case that I should
enter into a detailed statement of all the facts referred to in
the printed Cases which were laid upon your lordships' table,
because they are sufficiently set forth in the Judgment of the
Master of the Rolls, which is the subject of the present
Appeal. I shall confine myself, therefore, merely to stating
such facts and circumstances as appear to me to be necessary
for the purpose of explaining the opinion which I have
formed upon this case.
It appears that in the early part of the reign of James I.,
in consequence of the attainders occasioned by the then
recent rebellion, a very large tract of country, consisting of
several counties in the north of Ireland, became vested in
n2
180 APPENDIX.
the Crown. James I. was desirous of settling those lands
with his British and Scotch subjects, and establishing the
Protestant religion in that district. For that purpose he
proposed issuing grants of lands to persons who were willing
to accept them, on certain terms and conditions : those
terms and conditions are fully set forth and explained in a
book which has been known in the course of these discussions
by the name of the Printed Book. Great detail is there
entered into as to what was expected to be done by the
settlers, with respect to the houses they were going to build,
the nature of their erection, the tenants that they were to
establish, churches that were to be built, the fortifications
that were to be constructed, and other objects with reference
to the settlement.
It occurred to the King that it would be extremely desir-
able to engage the City of London in this undertaking, on
account of the influence and wealth of that Corporation ;
and negotiations for that purpose were opened between the
Privy Council and the Corporation of London : those
negotiations were carried on for a considerable period of
time, and at last terminated in certain Articles of Agree-
ment. By those articles of agreement it was stipulated, on
the part of the Crown, that the City of Derry, or the site of
the City of Derry, with 4,000 acres of land contiguous to it,
the town of Coleraine, with 3,000 acres of land contiguous to
that town, and an intervening district between the river
Lough Foyle and the river Bann, containing about 20,000
acres, should be conveyed by charter to the Corporation of
London. They were also, in addition, to have certain fishings
— the fishings of Lough Foyle, near the city of Derry, and
APPENDIX.
181
the fishings of the river Bann. They were also to have
Admiralty rights along the whole range of the coast, with
certain other privileges ; the customs for a period of ninety-
nine years ; and other advantages. On their side it was
stipulated that they should within a certain time build,
I think, two hundred houses in the city of Derrj^ and one
hundred houses in the town of Coleraine ; that they should
ultimately build three hundred houses more in the city of
Derry and two hundred more in the town of Coleraine ;
that they should construct certain fortifications ; that they
should provide a garrison for the fortress of Culmore ; that
they should advance ^20,000 to be expended in this under-
taking. This was the substance of the agreement that was
entered into between the Privy Council on the part of the
Crown and the City of London.
Immediately after the completion of this arrangement it
occurred to the City of London that it would be proper to
establish a company for the purpose of superintending the
carrying on the business of this plantation, — for the purpose
of ordering, directing, and governing what was to be done
with respect to the management of the whole of these
transactions ; and accordingly that company was formed,
consisting of the Governor and Deputy-Governor, and
twenty-four Assistants, six of whom, comprehending the
Governor, were to be Aldermen, and the Recorder was to
be one of the Assistants.
After this arrangement was completed, the next question
was as to the mode in which the money should be levied,
the £20,000 that was stipulated to be raised for the pur-
poses of this plantation. It had been usual at that time,
182 APPENDIX.
and it was assumed apparently as a right incident to the
Corporation, to raise money from the companies. The whole
sum was distributed among the companies — divided between
them in certain proportions, and the companies were to
raise from the individuals, by poll, the proportions for each.
In this manner the £20,000 was raised ; and that not
being sufficient for the purposes that were intended, after-
wards a further sum of £10,000 appears to have been raised
in the same manner.
A proposal was made by the Corporation (that is, by the
Common Council — the governing body of the Corporation)
to the companies to undertake the plantation, that is, to
undertake the plantation of the whole of the territory which
formed the county of Londonderry, situate between Lough
Foyle and the River Bann ; and it was proposed that that
territory should be allotted to them in the proportions of
their respective advances ; they were at the same time
informed that, whether they accepted that offer or not,
they would be liable for the charges of the fortifications,
buildings and other matters that were to be performed with
respect to this plantation, and that on the other hand they
would be entitled, if they accepted this offer, to have their
share and proportion of the produce of the reserve part,
namely, the towns and fishings and ferries.
It appears that this proposition was acceded to by the
greater part of the companies ; two I believe ultimately
declined, and the rights of those two became vested in the
Corporation.
This was the state of things previous to the grant of the
Charter. In the year 1613 the Charter was granted by
James I. By that Charter the company which had been
established for the purpose of superintending, directing,
and managing this property was converted into a corpora-
APPENDIX. 183
tion. By the Charter they were created a corporation by
the style set forth in the Charter, and as they are usually
styled the Irish Society ; that was the first part of the
Charter. The Charter then went on to convey the whole
of the property in question to the Irish Society ; and the
Charter went on to fulfil, with some variations which had
been previously agreed to, the stipulations contained in
those Articles to which I have referred.
In consequence of this, after the Charter was granted, an
application was made on the part of the different companies,
for licenses to hold in mortmain ; and after those licenses
had been granted, the Irish Society conveyed in severalty
to the different companies their proportions agreeably to the
undertaking into which they had previously entered, and
from that time to the present the respective companies have
held those lands in severalty as their own ; and the Irish
Society, from that period to the present, have held the town
lands both of the city of Derry and the town of Coleraine,
the ferries and the fishings, by an absolute title, letting the
property, receiving the rents, and employing them entirely
according to their own discretion. That is the actual state
of things, and was the actual state of things at the period
to which I have referred.
After the death of James I. and the accession of
Charles I., some questions arose with respect to the validity
of the Charter, and it became the subject of proceedings in
the Court of Star Chamber. Some arbitrary measures were
taken as to the repeal of the Charter ; and, in addition, a
fine of £12,000 was imposed on the City : it was originally a
fine of .£70,000, but it was commuted afterwards by a
payment of £12,000. However, this state of things did
not last long ; a complaint was made to the House of
Commons, which about that time got into the ascendant •
184 APPENDIX.
resolutions were moved and were adopted, and it was
decided that those measures were illegal. Application was
made to the Crown, and Charles I. promised restitution.
However, before he had an opportunity of doing this the
troubles ensued, and it does not appear very distinctly what
afterwards took place until the restoration of Charles II.
Upon the restoration of Charles II. (I think in the
second year, the year 1662, the restoration taking place I
believe in the year 1660), a new Charter was granted. That
Charter recited the promise of restitution by Charles I. ;
and it went on to say that the intention was to replace the
parties in their former position, precisely in the same way
as if nothing had been done. Then it went on to convey
again and confirm those lands to the Irish Society, to re-
incorporate the Irish Society, and to carry out the
stipulations and conditions of the former Charter, as far
as they were applicable in consequence of the lapse of
time which had occurred since the grant of the former
Charter.
Now, my Lords, from that period, as I have before stated,
the Irish Society have held possession of the lands and
property in question; the different Companies have held
their lands in severalty ; the Irish Society have applied the
funds for public purposes connected with the Plantation
and connected with the affairs of the Society. They have
applied them for purposes of religion, partly in the building
or repairing of churches, of chapels, of public schools, pay-
ing of schoolmasters, building bridges, fortifications, and a
variety of other public objects ; and after they have
satisfied those public objects, apparently according to their
own discretion, they have paid over the surplus, generally
in round sums, to the different Companies, according to the
proportion of their original contributions.
APPENDIX.
185
Now, the question is this : Under those circumstances, in
what situation does the Irish Society stand 1 Are they
trustees for these Companies, for the private interest and
advantage and benefit of these Companies, or are they
trustees for public objects 1 If they are trustees for public
objects and public purposes, it is quite clear that this suit
cannot be maintained, and the sole question therefore, as a
general question, is to determine from all the circumstances
arising out of these transactions in which character they
stand. If they are mere trustees for the private benefit of
the Companies — their private advantage, then the suit is
properly instituted : if, on the other hand, they are trustees
for public objects, if they are (if I may so say) public
officers who have important public duties to perform, and if
those funds which they hold are applicable to the discharge
of those public duties — if they have a discretion as to the
extent and manner in which they shall apply them, in that
case it is quite clear that this suit cannot be maintained in
the shape in which it is instituted at the instance of these
Companies, or of this Company, the Skinners' Company.
Now, for the purpose of deciding this question — an impor-
tant question — it is material to consider what was the object
of this Plantation, and what was the object of this grant. It
was a great public object ; it was for the purpose of providing
for the settlement of this district, which had been laid waste
in consequence of the rebellion ; it was to introduce civilis-
ation and order into that district ; it was to provide for the
establishment there, and the maintenance, of the Protestant
religion. All these were great and important public objects ;
those are stated to be the objects, much in detail, in the
different documents that are printed in the papers on your
lordships' table ; those are stated to be the objects in the
Printed Book to which I have referred. In a letter directed
186 APPENDIX.
to Sir Arthur Chichester by the King in Council, or I believe
written by the King himself personally, those are stated also
to be the objects of this establishment ; they are emphatically
stated to be the objects in the preamble to the Charter to
which I have referred.
It will be material, in order satisfactorily to show what
were the objects which the King had in view in making this
grant and establishing this corporation, to refer to the pre-
amble of the Charter. It runs in these words : " Whereas
there can be nothing more kingly than to establish the true
religion of Christ among men hitherto depraved and almost
lost in superstition ; to strengthen, improve, and cultivate,
by art and industry, countries and lands uncultivated and
almost desert, and the same not only to plant with honest
citizens and inhabitants, but also to renovate and strengthen
them with good statutes and ordinances, whereby they might
be more safely defended not only from the corruption of their
morals, but from their intestine and domestic plots and con-
spiracies, and also from foreign violence," it goes on then
thus : " And whereas the province of Ulster, in our realm of
Ireland, for many years now past, has grossly erred from the
true religion of Christ and divine grace, and hath abounded
with superstition, insomuch that for a long time it hath not
only been harassed, torn, and wasted by private and domestic
broils, but also by foreign arms. We, deeply and heartily
commiserating the wretched state of the said province, have
esteemed it to be a work worthy of a Christian prince, and
of our royal functions, to stir up and recall the same province
from superstition, rebellion, calamity, and poverty, which
heretofore have horribly raged therein, to religion, obedience,
strength, and prosperity.'' Those are the words of the pre-
amble of the Charter ; those are the objects for which the
grant was made, and for which this establishment was formed.
APPENDIX. 187
Nobody reading them, and referring also to the other docu-
ments which are printed in the volume on your lordships'
table, can doubt for a moment that the objects were public
objects of the greatest possible importance.
That being so, my Lords, the next question is, what were
the powers conferred upon the Irish Society, and what were
the duties they had to perform 1 They had to superintend,
order, direct, and manage exclusively the whole of this ex-
tensive concern ; they were appointed for that object. They
had to superintend and govern, and perform, therefore, those
duties that were necessary for the purposes of giving effect to
the grant, the purposes of the grant being those which I have
stated. What, then, were the powers with which they were
invested for that purpose, and what were the duties, by the
Charter, which they had to perform^ The words of the
Charter are, " For the better ordering, directing, and govern-
ing all and all manner of things for and concerning the city
and citizens of Londonderry aforesaid, and the aforesaid
county of Londonderry, and the Plantation to be made within
the same city and county of Londonderry, and other busi-
nesses belonging to the same. We will, grant," and so on. It
is for those purposes the Society was formed ; and having
formed the Society, it goes on thus : it gives them power to
hold a court, " and in the same court or 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, as to them shall seem best and most
expedient ; and also in the same court or meeting shall and
may have full power and authority to direct, appoint, and
ordain for and on the part of the Mayor and Commonalty
and Citizens of our city of London, in our kingdom of England,
all and singular things which, for or concerning the planta-
tion, supply, establishment, continuation, and government of
188 APPENDIX.
the said city of Londonderry, and of all other the lands and
tenements hereunder in these presents mentioned to be
granted, shall seem to be most profitable and expedient ; and
also to send orders and directions from this kingdom of
England into the said realm of Ireland, by letters or other-
wise, 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, disposing, 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 of the said Plantation, or concerning any other
things whatsoever which by the true intent of these our letters
patent can or ought to be done by them for the better govern-
ment and rule of the said city of Londonderry aforesaid, and
the said county of Londonderry aforesaid."
Those, then, are the very extensive and large powers that
are given to this Society for the purpose of carrying into
effect the intentions of the Crown ; the intentions of the
Crown being those great and important public objects to
which I have already called your lordships' attention.
My Lords, another question which has been raised in the
course of this discussion was this : it is suggested that those
duties were performed and completed within a short period
after the grant of the Charter, and that those trusts are
already entirely at an end — that they have expired.
My Lords, it is quite impossible, as it appears to me, to
maintain such a position. In the first place, so far as relates
to the city of Londonderry, they have a constant superinten-
dence and control over the corporation ; for their consent is
necessary to any bye-laws that may be published at any time
and enacted by the corporation. They have to provide for
APPENDIX. 189
the Protestant religion, the Protestant establishment, in that
district. That is not a temporary, but a permanent object.
And with the establishment of religion in that district, they
have also to superintend and take care of that which is closely
and intimately connected with religion, and a part of it, if I
may so describe it ; namely, the education of the inhabitants
of the district. They have also to perform other public duties
of great importance connected with the district ; duties, as it
appears to me, from the very nature and character of them
of a permanent description. And it appears to me that there
is no foundation whatever for the argument which has been
urged, that their authority as public officers has long since
expired, and that they have no public duties at present to
discharge.
The next question, my Lords, is, whether these funds are
applicable to those objects. With respect to that, my Lords,
no doubt can be entertained. The Irish Society was estab-
lished for the purpose of effecting and superintending those
important objects ; expense must of necessity have been in-
curred for those purposes ; they had no other funds but the
funds arising out of this grant. The grant was given, and
was given on the condition of those duties being performed ;
and nobody, therefore, reflecting at all on the nature of these
transactions, can doubt for a moment that those funds are
applicable, strictly applicable, to those objects.
My Lords, the remaining question to be considered, so far
as relates to the duties of the Corporation, that is, the Irish
Society, is, have they a discretion with respect to the manner
in which they shall discharge their duties, the extent to which
they shall be carried out, and the objects to which they shall
be applied 1
My Lords, by the very terms of the Charter, by the very
terms by which they themselves are constituted a corporation,
190 APPENDIX.
they are to do for the purposes of the government what they
shall consider meet and expedient ; they have a discretion,
therefore, directly vested in them ; but, my Lords, it is un-
necessary to refer to the words of the Charter for that
purpose : the very duties they have to perform import dis-
cretion. If they have authority to superintend and govern
(and they were established for that purpose), ift they have
authority to superintend and govern, and make laws and
ordinances for the purpose of superintending and governing
this district, of course they must have a discretion as to
what objects it shall be applied to, and in what manner
that power shall be exercised.
My Lords, the result of all these observations is this, that
the objects are public and important ; that they were consti-
tuted for the purpose of carrying those objects into effect;
that those objects are still in existence ; that the funds of
this district are applicable to those purposes ; that they
have a discretion to exercise as to what extent they will
apply those funds, and to what objects. If that be so, my
Lords, they are public officers invested with a public trust,
having a right to apply those funds in discharge of that
public trust, and they therefore cannot be accountable in a
suit of this kind by the Companies of London, or by any
particular Company, as if they were trustees for private
purposes and private objects.
But, my Lords, the case does not rest there, because, as
far as relates to this particular portion of property, the
town lands, the fisheries, and the ferries, it is declared ex-
pressly in the Charter of Charles II. that those funds are
applicable to the general operations of the Plantation. It
is stated in the preamble of that Charter that they were
retained for that purpose ; and when the Crown states that
they were retained for that purpose it sanctions the appli-
APPENDIX.
191
cation, and when it regrants the property it regrants the
property subject to that condition, and sanctions and
authorises and directs the application to those objects.
Again, my Lords, with respect to the permanence of those
objects, when it is said that those objects were in a few
years accomplished, and that those public trusts ceased, we
must look at the Charter of Charles II. as giving at once a
denial to that allegation. That Charter was published
fifty years after the Charter of James I. ; and in that
Charter it is stated that the object of the incorporation at that
time, in the year 1662, is for the further and better settling
and planting of the said county, towns, and places with
trade and inhabitants. So that not only from general
reasoning arising out of the nature of their duty, from their
constitution, but from the very terms of the Charter, it
appears that the idea that this was a mere transitory duty
is wholly unfounded, and it appears that at that time there
was still much of the same duty remaining to be performed
as was required to be performed at the time when the
original Charter was granted.
Now, my Lords, if that be so, the conclusion I come to
appears to me to be irresistible ; they are public officers, they
have public duties to perform of an important kind. By
the terms of the Charter of Charles II., independently of
any general reasoning, this property is given to them for
these very purposes ; they have applied it for these purposes.
After they have satisfied the purposes, which purposes are
entirely in their discretion, they have been in the habit of
paying over the surplus funds, in round sums I think it is
stated ; but, however, they have paid over the surplus funds
to the different companies in proportion to their original
contributions ] but that depends entirely on the will of the
Society, I mean as to the amount. They are to exercise
192 4PPENDIX.
their judgment as to what is necessary for the performance
of their public duties, and after they have satisfied those
duties, after they have appHed to public objects what, in
their judgment — in the fair exercise of that judgment — is
necessary for those objects, then it is, and then only, that
the surplus which remains, subject to their discretion, has
been usually paid over to the Companies.
Now it is perfectly clear therefore, in this state of things,
that they cannot be considered as trustees for the private
benefit of the Companies. If they are public officers, and
have in any respect neglected their duty, they are liable to
account, but they are not liable to account to the Companies.
They may be liable to account to the Crown, they may be
liable to account for misconduct to the Corporation of the
City of London ; they are elected by the City of London ;
they are half of them removed every year ; the City of
London can exercise a control over them ; if they misconduct
themselves they can be restrained and kept in order by the
authority of the City of London, or by the authority (if
these are public objects') of the Crown ; but they are in no
respect, as it appears to me, amenable to the private
Companies for the manner in which they discharge their
duties.
I am of opinion, therefore, that this suit cannot be main-
tained.
I may state that this is in conformity not merely with
the opinion expressed by Lord Langdale in the Judgment
which he has delivered, but that it arises out of what was
intimated by Lord Cottenham on a former occasion, on an
interlocutory application made in the cause of this suit ;
and I have the authority of that noble and learned lord to
state that he retains the opinion which he then formed —
imperfectly formed at that time, because the case was not
APPEXDIX.
193
fully before him — but after hearing this case he was con-
firmed in the opinion he then entertained.
I therefore move your lordships that this Judgment be
affirmed.
Lord CAMPBELL.
Entirely concurring in the view of the case whicn has
been taken by my noble and learned friend, I have hardly a
word to add to his most lucid explanation of the case, and
it is on account of the magnitude rather than the difficulty
of the case that we have taken some time to consider it
before we should intimate the opinion which we had then
formed upon it. The moment that it came before Lord
Cottenham, he with his usual precision seized the question,
and he stated the question at once to be, Whether the
Irish Society are to be considered as merely private trustees
or trustees for public purposes. He then gives his opinion
that they were trustees for public purposes. When the case
came before Lord Langdale, he, after great deliberation, came
to the same conclusion. I concur in the opinion that those
eminent judges have pronounced. It seems to me that the
object of the Crown was, that public purposes should be
attained by the trustees who had the management of these
lands ; and I am clearly of opinion that the purposes for
which the grant was made still continue, and that they
are and must ever remain trustees for the public. It is
therefore quite clear that this Bill cannot be supported, but
that it was properly dismissed ; and the Appeal is erroneous.
Mr. WOOD.
It is affirmed with costs, I understand your lordship to say.
Lord CHANCELLOR.
Yes, with costs.
o
194 APPENDIX.
SPEECH OF SIR M. E. HICKS BEACH, CHIEF
SECRETARY FOR IRELAND, IN OPPOSITION
TO MR. LEWIS'S MOTION AGAINST THE
SOCIETY, BROUGHT FORWARD IN THE
HOUSE OF COMMONS, 27th FEBRUARY, 1877.
[Extracted from the ''Times,'' 28th February, 1877.]
Sir M. Hicks BeJach said there would be no question that
the constitution and management of the Irish Society were
of necessary legitimate subjects of inquiry by a Committee
of the House of Commons, and he should be reluctant to
interpose if sufficient grounds had been shown and if it did
not appear that such an inquiry would create far greater
mischief than any benefit that would be obtained from it.
(Hear, hear.) What was it that was sought ? The hon.
member for Londonderry asked for a committee to inquire
into the constitution, management, and annual expenditure
of the Irish Society for London. Now, there was hardly
anything upon which the House had already better means
of forming a judgment. Its constitution might be found
fully described in the judgment of the House of Lords to
which allusion had been made, in frequent debates in the
House of Commons, and in the reports of Royal Commissions.
As to its management and annual expenditure, both had
been fairly and openly placed before Parliament and the
country by the Irish Society itself (hear) ; and no further
information could be obtained from a Select Committee.
It had been said that the trusts of the Irish Society might
be more explicitly defined. But no committee, however
able their report, could more conclusively state these trusts
than they were stated in the lucid judgment of the House
APPENDIX. 195
of Lords already mentioned in debate. It had been admitted
by the hon. baronet (Sir Sydney Water low) that the Society
held its property subject to trusts for certain public objects.
In a previous debate in this House Baron Dowse stated this
as the eifect of the decision of the House of Lords — " that
the Irish Society were declared to be trustees for public
objects, and that, after having satisfied these public objects
within their discretion, the surplus ought to go to the
London Companies." (Hear.) That was the position of
the Irish Society. The motion asked for inquiry "as to
what, if any, changes can be made in the governing body or
the mode of administration in order to insure a more
economical and advantageous application of the property,
or whether such result can be best attained by placing the
property in the hands of public trustees resident in Ireland."
The language of the hon. member pointed to a conclusion
definitely expressed in the motion of which he gave notice
last Session, though it was not brought before the House — a
conclusion which seemed to have been pressed upon him by
many of his constituents — namely, that the property of the
Irish Society should be taken away from them and placed
in the hands of public trustees, locally resident. Now,
before assenting even to inquiry upon a matter of this kind,
the House ought to be satisfied how far the Society had ful-
filled the public trusts for which they were constituted. He
had failed to gather from any previous speaker a statement
that the Society had not to the fullest of their power fulfilled
those public trusts. The hon. member for Derry himself
spoke of the magnificent manner in which the Society were
now behaving to Derry and Coleraine. Certainly the hon.
member went on to hint that the atlacks on the Society
which were made or threatened had disposed them to behave
more liberally than heretofore. This assertion, however,
o 2
196 APPENDIX.
was conclusively refuted by a mere glance at the grants
made in previous years, long before any attacks of this
kind were meditated. In the speech of the hon. member
(Mr. R. Smyth), though he was a professor of Magee
College, there was no allusion to the liberal contribution in
1850 of .£1,000 from the Society to the College, where they
also founded a Professorial chair. Then in 1854 the Society
matde a large contribution to the waterworks of the city of
Derry ; in 1856 there was the building of those schools in
Coleraine which, as the hon. member for that borough
informed the House, were, under the National Board, open
to children of all denominations. In 1861 the Society gave
^10,000 towards the bridge of Derry, and within the last
two years grants had been promised by the Society of ^1,000
a year for 25 years towards a harbour at Coleraine, and no
less than £40,000 towards paying off the debt upon the
bridge which had been mentioned by the hon. member
(Mr. Lewis). He would not trouble the House with any
statement as to the administration of the funds in the locality.
The Governor of the Society had sufficiently entered into
those matters. He only mentioned enough to show that there
was no good ground for complaint as to the mode in which
the Society administered its revenue in Derry and Coleraine.
It had been said by the right hon. and learned member
(Mr. Law) that it was a pity the Society could not contribute
towards denominational objects, such as Roman Catholic
education in the county of Derry. But there were sufficient
undenominational objects, such as harbours and bridges, to
which the Society could subscribe, and the hon. member
(Mr. Lewis) had not hinted that he would desire such an
application of their funds. The hon. member referred to mis-
appropriations which had occurred almost centuries ago and
seemed to argue that because of these past misappropriations
APPENDIX. 197
the property should be handed over to local trustees. He
certainly touched upon the expenses of management, the fact
that the property was governed by a non-resident body, and
to alleged interference with the Corporation of Derry ; but
were these points of sufficient importance to justify a motion
which, whatever its terms, would be accepted out of doors
as not only a censure of the Irish Society, but as directly
affecting the property of the City Companies, and even
private proprietors in the north of Ireland ? (Hear, hear.)
He had mentioned the sum of .£970 spent in " deputation
expenses," but it was not spent for private purposes, but
upon the business of the trust. They had entertained the
principal persons of Derry and Coleraine, doubtless greatly
to the satisfaction of those persons (laughter), and possibly
to some extent out of their own funds as well as those of
the Society. Then the House had been'told of law expenses,
of a fee of 10s. for each attendance at meetings of the
Council, and of .£450 charged for the establishment of the
Society in London. Did this contrast unfavourably with
what they knew of the management of trust funds by
public bodies of other kinds and with the legal expenses of
certain Commissions instituted within the last 25 years by
Parliament itself 1 (Hear, hear.) There might be objections
to the managing body on the ground that it was non-
resident, but there might also be advantages in this fact,
for they were perhaps less liable to be biassed by local
interests and less disposed than the corporations of certain
towns to devote their lands to the benefit of themselves,
their relations, or their friends. By non-residence these
temptations were avoided. The hon. member said the
Society exercised an abnormal control over the Corporation
of Derry. Well, they paid the Corporation .£1,200 a year,
and when the Corporation got into difficulties some time
198 APPENDIX.
ago and had to pawn their mace, the Society redeemed it
from pawn. (Laughter.) There was a complaint that the
Society interfered even in such matters as the naming of
the streets. He should have hardly thought it worth
while for them to trouble their heads on such subjects ; but
he could not help remembering that the Corporation of
Dublin some time ago resolved to change the name of Essex
Bridge, which was the name of an English Viceroy, to
Grattan Bridge, which was the name of an Irish patriot ;
but to this day the name of " Essex " remained posted up
at the corner of the street, the Corporation never having
taken the trouble to remove it. (Laughter.) Having now
gone over the points upon which the hon. member grounded
the motion, he asked the House to consider whether they
were really sufficient to justify them in granting this
inquiry. The mode of appointing members of the council,
and perhaps the mode of granting leases to tenants, might
need reform, though the Society were not the only landlords
in Ireland who were found fault with on the last head.
(Hear, hear.) For the sake of these almost minute matters,
would the House sanction a motion which out of doors
would be taken as an intention to deprive the Irish Society
of their property altogether? (Hear, hear.) In 1869 the
subject was debated in this House, and Lord Carlingford,
then the Irish Secretary, said the matter seemed to deserve
further investigation, and that it would be for the Govern-
ment to consider what form this investigation should take,
and whether an impartial inquiry by a Royal Commission
would be desirable. That Government remained in office
four years subsequently without doing anything, and he
must conclude, therefore, that Lord Carlingford, having
investigated the matter, saw that the difficulty and the
danger of dealing with this matter outweighed the advan-
APPENDIX. 199
tage of any small reforms which might possibly be made.
(Hear.) The right hon. and learned gentleman (Mr. Law)
must have strangely forgotten this debate. (Hear.) As
to the motion, he thought that serious results might follow
from granting it. He came to this conclusion not so much
from the terms of the motion itself as from that of last
year, from the petition presented by some of the constituents
of the hon. member (Mr. Lewis), and specially because of
the hon. member's speech this evening. It was not merely
the Irish Society which was now in question. The hon.
member for county Derry wished the City Companies to
remain, but the passing of such a motion would be a
strong inducement to the Companies to withdraw from the
North of Ireland. (Hear, hear.) Their property was held
on the same charter as that of the Irish Society, and if the
Irish Society were disestablished and disendowed, the next
step would be to declare that the City Companies had not
given sufficient consideration for their property, and that it
should be taken away and divided — possibly without pay-
ment— among the existing tenants. (Hear, hear.) But
this was not all. There was private property, derived from
the City Companies, or held under the same charters. The
passing of this motion would open a vista which he would
rather not contemplate, and he had heard nothing from the
hon. member for Derry which would justify this House in
assenting to such a motion for the sake of so small a benefit.
(Hear, hear.)
200
APPENDIX.
1892. No. 4.
|rt t)^t f 10^ Court of |ustia in Jrelantr.
Chancery Division.
Master of the Rolls.
THE ATTORNEY-GENERAL
V.
THE IRISH SOCIETY AND OTHERS.
JUDGMENT
OP THE MASTER OF THE ROLLS.
December 2, 1898.
The writ by which the present action was commenced was
issued on the 5th of January, 1892. The trial before me
commenced on the 9th of November, 1898, and the
arguments occupied eight days — a time not at all dispropor-
tionate to the immense mass of documents with which the
discussion was conversant, or the enormous amount of
property involved in the plaintiff's claim. The suit is in the
nature of an information by the Attorney-General at the
relation of the Reverend John Johnston (of whom we have
heard nothing in the case). I presume the Attorney-General
of the day — now Mr. Justice Madden — was satisfied that he
was a competent relator. Of the six Counsel who signed
the writ or statement of claim, or both, two have become
County Court Judges ; one has filled the great office of Lord
Chancellor, and is now a Lord Justice of Appeal ; and one
has — may I venture to hope not permanently ? —retired from
among us.
APPENDIX. 201
Why the case has been permitted to drag on for nigh
seven years in Court, unheard, I know not. It has now,
however, at length been heard ; and I should fail in my
duty if I did not say that everything bearing on the case
has been fully argued and discussed.
The main object of the suit, not to refer at present to the
exact demand formulated in the prayer of the statement of
claim, is to fasten upon the lands granted to the London
Companies at the plantation of Ulster, or so much of them
as has not been sold or otherwise disposed of, a trust for the
public and general objects of the plantation. The Irish
Society is also sued, and certain relief is claimed against
them too ; but it was stated that they were joined mainly,
though not necessarily, for conformity ; and if the plaintiff
be entitled to succeed against the Companies, I would be
prepared to hold that the Irish Society was rightly joined.
Treating the case then for the present as being brought
in the interests of the public, or that large and important
portion of the public resident in or connected with the
Londonderry portion of the plantation of Ulster, the first
thing to be noticed is that surely never in the history of
litigation was there a case in which the burthen of proof lay
so heavily upon a plaintiff. The transactions out of which
the trusts arose — if at all — date from the beginning of the
seventeenth century. We are now at the very end of the
nineteenth. If the trusts existed, it is the case of the
Attorney-General that they have been persistently violated
ever since ; for though credit is given to the Companies for
certain or uncertain acts which might or might not have
been done by trustees as such, not one act has been proved
unequivocally referable to that relation ; and no single
acknowledgment is so much as alleged admitting it. It lies
then on the Reverend Mr Johnston to prove his case.
202 APPENDIX.
After the flight of the Earls Tyrone and Tyrconnell, and
the forfeiture of the lands which on their attainder escheated
to the Crown, the Government of King James I. formed the
plan of colonising, settling, or *' planting " the six forfeited
counties of Armagh, Tyrone, Coleraine (Londonderry),
Donegal, Fermanagh, and Cavan. No light is to be derived
in regard to the present questions from what occurred in
former plantations in Ireland. It is to be observed, how-
ever, that King James' plantation was a vast scheme
embracing not Londonderry alone, but five other counties
as well, and that the " Orders and Conditions " under which
the planting was to be undertaken were prepared in direct
relation to all. They were all equally within the policy of
the project, which was originally meant to be homogeneous.
By the " Orders and Conditions " (a portion only of which
is set out in a schedule to the statement of claim) the King's
intentions are stated : —
Whereas the greatest part of six counties in Province of Ulster,
within the Realm of Ireland, named Armagh, Tyrone, Coleraine,
Donegal, Fermanagh, and Cavan, being escheated and come to the
Crown, hath lately been surveyed, and the survey thereof trans-
mitted and presented unto His Majesty. Upon the view thereof
His Majesty, of his princely bounty, not respecting his own
profit, but the public peace and welfare of that Kingdom by the
Civil Plantation of those unreformed and waste Countries, is
graciously pleased to distribute the said lands to such of his
subjects, as well of Great Britain as of Ireland, as being of merit
and ability, shall seek the same with a mind not only to benefit
themselves, but to do service to the Crown and Commonwealth,
and for as much as many persons, being ignorant of the conditions
whereupon His Majesty is pleased to grant the said lands, are
importunate suitors for greater portions than they are able to
plant, intending their private profit only, and not the advance-
ment of the Public service, it is thought convenient to declare
and publish to all His Majesty's subjects the several quantities of
the proportions which shall be distributed, the several sorts of
APPENDIX. 203
Undertakers, the manner of allotment, the estates, the rents, the
tenures, with other articles to be observed, as well on His
Majesty's behalf as on behalf of the Undertakers, in manner and
form following.
I do not propose to read the whole of the "Orders and
Conditions," which have been frequently read during the
course of this case, and are sufficiently referred to in
reported cases connected with the matter, but there are
certain general provisions in reference to undertakers of all
sorts to which I shall refer. They are these : —
That there shall be Commissioners appointed for the setting
forth of the several proportions and for the ordering and settling
of the plantations according to such instructions as shall be given
unto them by His Majesty in that behalf.
That all the said Undertakers shall by themselves or by such as
the States of England or Ireland shall allow of attend the said
Commissioners in Ireland at or before Midsummer next to receive
such directions touching their plantations as shall be thought fit.
That every Undertaker before the unsealing of his Letters
Patent shall enter into bond or recognisance with good sureties to
His Majesty's use in the office of His Majesty's Chief Remem-
brancer in England or Ireland or in His Majesty's Exchequer or
Chancery in Scotland, or else before two of the Commissioners to
be appointed for the plantation to perform the foresaid articles
according to their several distinctions of building, planting, or
residence alienation within five years, and making of certain
Estates to their Tenants in this manner, viz., the Undertaker of
the greatest proportion to become bound in £400 of the middle
proportion in £300 and of the least proportion in £200.
That in every of the said Counties there shall be a convenient
number of market towns and corporations erected for the habita-
tion and settling of tradesmen and artificers and that there shall
be one free school at least appointed in every County for the
education of youth in learning and religion.
That there shall be a convenient number of Parishes and Parish
Churches with sufficient Incumbents in every County and that the
Parishioners shall pay all their tithes in kind to the Incumbents
of the said Parish Churches.
204 APPENDIX.
This document was promulgated in 1 608 ; and in
substantial conformity with its provisions, the plantation of
a great part of five of the six Ulster counties went on. It
cannot of course admit of any doubt but that the under-
takers took their several estates for their own benefit,
although bound to the " conditions " applied to them. They
could make as much "benefit for themselves," or ^* private
profit," as they could while carrying on the plantation upon
the prescribed lines. Holding direct from the Crown by
Charter a violation by them of the obligation they had
entered into might subject them, in addition to forfeiting
the penalty in their Bonds, to having their patents revoked ;
but it is, I think, clear that they were not meant to be
trustees for anybody ; and that most of the obligations
imposed upon them, apart, of course, from such as were
incidents of their tenure, were capable of being performed
within a limited period. So soon as the lands were parcelled
out among English, Inland Scotch, or other suitable
occupants in the prescribed way — castles and bawns built,
churches erected and established (the endowment was to be
mainly by tithes), market towns erected (which the King
was to help in doing, so far as the operation needed the aid
of his Prerogative) — the purpose of the plantation might be
said to be practically accomplished. No one has suggested
that the great private undertakers in Ulster, or their
successors, were, or are, in any other sense than this,
trustees for public purposes.
The case of Londonderry, however, is different. It was
desired to enlist the City of London in the undertaking.
The City of Derry presented the possibility of a development
of trade and commerce by reason of its situation as a
seaport ; and Coleraine might prove similarly attractive.
They were both situate in a county which was at that time
APPENDIX. 205
the worst part of the most backward and distracted portion
of Ireland. A powerful hand was needed for the task of
its plantation and reclamation. The King's advisers
turned to the City of London for that purpose, and with a
view to influence the city, the " Motives and Reasons "
were prepared. I do not propose either to read the whole
of these. They are familiar to all who are before me in
the case. They commence with this statement : " The late
" ruinated city of Derry, situate upon the river of Lough
"Foyle, navigable with good vessels above the Derry, and
"one other place at or near the Castle of Coleraine," and it
describes its situation on the River Bann " navigable with
" small vessels only," by reason of the bar a little above
Coleraine, do seem to be the fittest places for the City
of London to plant. The situation is such that, with small
charge and industry, the aforesaid places, especially the
Derry, may be made by land almost impregnable and so
will more easily afford safety and security to those that
shall be sent thither to inhabit.
These towns His Majesty may be pleased to grant unto
not only Corporations, with such liberties and privileges
for their good government, &c., as shall be convenient, but
also the whole territory and county betwixt them, which is
above twenty miles in length, bounded by the sea on the
north, the River Bann on the east, and the river of Derry
or Lough Foyle on the west, out of which 1,000 acres more
may be allotted to each of the towns for their commons,
rent free ; the rest to be planted with such undertakers as
the City of London shall think good for their best profit,
paying only for the same the easy rent of the undertakers.
And in reference to the profits there is a special head as to
the profits which London shall receive. The " Motives and
"Reasons" are described in very high-flown language in
206 APPENDIX.
reference to the fertility and productiveness of the soil and
the ease of procuring timber and materials for building,
and as regards the profits which London shall receive it is
stated —
If multitudes of men were employed proportionately to these
commodities which might be there by industry attained, many
thousands would be set to work to the great service of the King,
strength of his realm, advancement of several trades, and benefit
of particular persons, whom the infinite increasing greatness (that
often doth minister occasion of ruin to itself) of this city — [that is,
the City of London] — might not only conveniently spare, but also
reap a singular commodity, by easing themselves of an insupport-
able burthen which so surchargeth all the parts of the city that
one tradesman can scarce live by another, which in all probability
would be a means also and preserve the city from infection, and
by consequence the whole kingdom, which of necessity must have
recourse thither, which persons pestered or closed up together
can neither otherwise or very hardly avoid.
These colonies may be a means to utter infinite commodities
from London to furnish the whole north of Ireland, which may
be transported by means of the rivers of Bann and Lough
Foyle into the counties of Coleraine, Donegal, Tyrone, Armagh,
and Antrim.
The City of Dublin being desolate by the slaughter of the
Easterlings, who were the ancient inhabitants thereof, w^as given
by King Henry the Second to the City of Bristol to be inhabited,
which, without any charge to the King, Bristol did undertake
and performed it, whose posterity doth there continue unto this day.
This plantation thus performed to the perpetual commendation of
Bristol, was not the least cause of civilising and securing that
part of the country.
It were to be wished this noble precedent were followed by the
City of London in these times, with so much the more alacrity as
in ability and means they excel them ; and so much thexather for
that the commodities which the City of London shall reap
thereby do far surpass the profit that could redound to Bristol by
the other.
It is not of any importance, but I rather think there is a
slight historical inaccuracy in the statement that the
APPENDIX. 207
slaughter of the Easterlings took place in the time of Henry
IT. It was long after the reign of Henry II. and the
plantation of Bristol.
These " Motives and Reasons " are not in themselves,
and do not purport to be, any part of the terms of a contract.
They are rather analogous to what in our time is termed a
prospectus, drawn up in order to set forth the advantages
of entering into a contract. As a State document, however,
known to the City and its advisers and to the London
Companies, it is properly appealed to as showing a part, at
least, of the Policy in pursuance of which the City of
London was engaged in the enterprise ; and it is relied
upon as showing that the profits which London was
expected to derive from the plantation were, in great part
at least, indirect, not direct, the extension of its trade and
the like, rather than the acquisition of territory in
Ireland.
If nothing had occurred to alter or modify this plan, what
would probably have happened would have been this : The
City had apparently no civic funds, or none applicable to the
purpose. Therefore, in order to carry out the plantation,
which required large sums of money, the City would have
been obliged to negotiate with private persons, who would
have undertaken separate portions of the plantation at their
own costs, but under the superintendence and direction of
the City, each in his own district. This would have re-
sembled the mode of plantation in the other five counties
under the " Orders and Dispositions," except that the City
would have stood between the Crown and the undertakers.
It remains to be seen whether what was actually done
differed substantially from this.
The connection between the City Companies and the
Corporation of the City was of a very close character. The
208 APPENDIX.
Burgesses of London must all be free of some of the Guilds ;
and the Lord Mayor and Council had and exercised the power,
however derived, of taxing them. Still they were distinct
bodies, capable of existing and managing their own affairs
even if the Corporation of London had been suppressed, and
having a separate corporate being. They were wealthy — at
least, some of them were — though they were not ostentatious
on that subject when it came to parting with their money ;
and they were in immediate touch with all the great trades
and industries of the country. It is no wonder, then, that
it was the Companies, instead of private persons, who were
chosen for the work. Possibly they could not be constrained
to undertake it ; but they could be compelled to pay for it
whether they did or not.
A Commission was sent to Ireland to report upon the
project, with detailed instructions, by the Lords of
Privy Council ; and their report came back. There was
also an inspection on behalf of the City. And by the
summer of 1609 the proposals had taken definite shape. The
City was to be represented by a body, now the Irish Society.
The articles between the King and the City of London,
dated 28th January, 1610, were entered into after careful
and detailed discussion between the Common Council and
the Lords of the Privy Council
But meanwhile the project as affecting the Companies —
who are not named or alluded to in the Articles of Agree-
ment— had proceeded so far that most of them had fallen
in with it. Take the case of the Ironmongers' Company.
There was a precept by the Lord Mayor of London, dated
1st July, 1609, to the Companies, and to the Ironmongers
among others. It is as follows : —
Whereas I have lately received from the Lords of His Majesty's
most Honourable Privy Council a project for a plantation in
APPENDIX. 209
Ireland, the copy whereof together with a printed book you shall
receive hereunto annexed, with intimation of the King's most
gracious favour and love to the City of London, to grant unto us
the first offer of so gracious an action, which is likely to prove
pleasing to Almighty God, honourable to the City, and profitable
to the undertakers. These are therefore to will and require you
presently to assemble together a competent number of the
gravest and most substantial men of your Company to consider
advisedly of the said project, and of them to nominate four men
of most judgment and experience to join with like number of
four of every other of the Companies of this City amongst them-
selves to consider of and set down in writing such reasons, orders,
demands, and other circumstances as are fit to be remembered,
ordered or required in the undertaking of so worthy and so
honourable an action, and to certify me in writing before the
fifth day of this instant July the names of such four of your
Company as you shall so nominate and appoint, wherein you are
not to fail in any wise.
That was dated 1st July, 1609. The answer of the
Ironmongers gives the names of four persons to take part in
the conference, and on the 11th July of the same year the
following answer is adopted — viz. : —
The reasons which were induced and tendered to this Company
as motives upon the project for plantation in Ireland, were at
this Court considered and answered as f olloweth : That the weak-
ness of the Company in respect of the charge and their lack of
money to disburse did disable them and if it were expected upon
private purse the Company itself is charged already particu-
larly and what is incident of charge in the Company is borne
of their own and the rents of their lands employed in charitable
uses.
That appeal was not successful, because they were directed
by separate precept to consider the matter more fully, and
to that answer dated 13th July, 1609, was returned saying
that they desired with their best means to help the State
and Commonwealth,
210 APPENDIX.
But what we would we cannot in respect of weakness for first
our charge that groweth already out of private purses, and to
expect supply thereof we cannot, what rents we have the same
are given and employed in charitable uses and to alter that were
mere impiety and for our charge this year ensuing we need not of
ourselves to intimate, the same is generally known and as we
doubt not but expected. Therefore most humbly we entreat your
Honour's good acceptance of these few lines for our excuse,
[tendering our good will and means which we humbly leave to
your Honour's consideration.
Ultimately on the 24th or 26th of July — it is not certain
which date is the right one — a precept was sent by the
Mayor of London to the Ironmongers' Company, and in
that precept he recites sending of the two previous
precepts, and recites that by reason of some mistake the
Committees of the Companies had answered in writing,
before any conference with His Majesty's Council of Ireland,
and that certain persons had been nominated for conference
and so forth. The names are set out. The precept
continues : —
Now forasmuch as the said committees, after a full and large
conference with the Council of Ireland, have received such
satisfactions as well of the honour of the action, the good that
may come to this kingdom and city of the same, as well as the
profit which is likely to redound to the particular adventurers as
hath given good encouragement to the committees and others to
become adventurers therein.
Then the Lord Mayor orders further consideration of the
matter, which resulted in a resolution of the Ironmongers'
Company, and an answer to the precept dated 26th July
was returned : —
We understand by our committees the scope and effect of their
proceedings, and see your Honour's care how that without survey
your Honour pleaseth not to undertake the project, therefore out
of weak men we humbly desire to yield content, certifying our
endeavours with their names and sums whom we have drawn in
APPENDIX. 211
action, together with those also which for their mean estate or
absence we cannot. Humbly leaving the success to God
and so forth. Then there is a long list of contributions to
be assessed on individuals. But, coming back to the precept,
there is a statement of motives for what was to be paid by
this and the other Companies joining in the matter — viz.,
besides the honour of the action and the good that may
come to the Kingdom and City, "as well as the profit
" which is likely to redound to the particular adventurers
" as hath given encouragement to the committees and others
" to become adventurers therein."
Now it occurred to me during the argument that,
whatever the effect of that might be, there was in that
clause a recognition of the position in which the Companies
were to be dealt with, as being on the footing of undertakers.
MacDermot argued that the adventurers mentioned in the
first part of the previous article were not the same as the
Companies or that the word was used in a different sense.
I am not able to adopt that argument at all. The language
of these documents is very precise. The previous article
mentioned particular adventurers as giving encouragement
to committees and others to become adventurers — that is,
that committees and others were induced to join, and joined
as adventurers.
On the 16th January, 1609-1610, there is the following : —
Upon a precept received for the levy of £20,000 amongst the
Companies towards the plantation in Ireland and where this
Company is proportioned £880 and to pay the same by parts,
whereof £220 forthwith, and the assessment enjoined by the poll,
it is therefore ordered that the same be made according to that
proportion and rate upon every man as the order goeth for him
or them assessed in the corn stock and what ariseth not to that
proportion of £880 the same to be taken up at interest and the
Company to bear the same in respect of the poverty of them that
212 APPENDIX.
are not able, and the interest of the same money so taken up to
be assessed and paid by an increase of the yeomanry quarterage.
Up to this point the question had been mainly one of
payment. But the payments having been made, it remained
to consider what was to be the position of the Companies in
respect to the undertaking. Would they lose their money
or accept an equivalent ^
The MacDermot's argument throughout was that the
Companies, though they contributed the money for the
plantation, did so against their will, and as a fine or impost ;
that it had passed from them and ceased to be theirs ; and
that it could in no sense be treated as purchase money paid
for lands, so as to confer upon them any rights as purchasers.
I may say, in passing, as I said during the argument, that
if this were so his contention on another branch of the
case — that the Companies had a lien, and took the lands in
order to reimburse themselves in respect of it — goes by the
board. They could have no lien for a penalty paid, or an
execution raised, independent of contract. But though
there is no actual record that I am aware of till January
1610-1611 showing that it was understood all along that
the Companies were to have an equivalent for their
contributions, the Mayor's precept of 15th January, 1610-
1611, shows that this was so. It is as follows : —
These are to will and require you that according to an Act of
Common Council this day made you do forthwith assemble
yourselves together and calling to you such and so many of your
Company as you shall think fit, resolve amongst yourselves
whether you will take and accept a proportionable share of lands
in the province of Ulster within the Realm of Ireland in lieu of
the moneys by you already disbursed towards the plantation there.
And so to build and plant the same at your own costs and charges
accordingly as by the printed book of plantation is required or
else whether you will refer the letting of the same lands and the
managing of the whole business there unto the Governor and
APPENDIX. 213
Assistants of the Company for the said plantation for the time
being.
And the answer to that, which constituted no doubt an
informal contract between the Lord Mayor as representing
the City of London and the Ironmongers' Company was : —
According to your Honour's precept of the 14th of this month
we have made known unto our Company your Honour's pleasure
and received their answer herein. That they are pleased to accept
a proportionable share of lands within the province of Ulster for
their disbursements, and to order the same as of themselves
referring them to such conditions as are extant which we humbly
signify taking our leaves this 31st day of January, 1610.
In no way that language can be interpreted is this
consistent with anything but a beneficial enjoyment of the
property in consideration of an antecedent payment.
Again, a further assessment was made upon the Companies
in proportion in March 1610-1611, and a similar offer was
made, as appears by the precept 31st January 1610 — no
doubt in lieu of the first (15th January, 1610), which was
based upon the expenditure originally intended.
This precept appears to throw considerable additional
light on the question. First it recites
Whereas the King's Most Excellent Majesty hath granted unto
the City of London, the City of Derry, and Town of Coleraine,
with 7,000 acres of common land thereunto adjoining and fishing
and divers other immunities privileges and franchises paying four
marks per annum. And whereas the City hath undertaken to
dispend in building of houses and fortifications and for freeing
of foreign titles the sum of £20,000. And whereas also His
Majesty hath further granted to this City divers other lands in
the County of Coleraine and other undertaken lands to build
thereupon, which building is to be performed in such manner as
is expressed in the printed book now extant. Yet with this
addition that they are to have and enjoy the same lands after the
Irish measure
214 APPENDIX.
that is, a larger measure of land
being far better than other ordinary Undertakers have. And
forasmuch as the Governor and Committees for the plantation in '
Ireland are now instantly to take care for the letting and
disposing of the said lands in the said County of Coleraine and
the said other lands so undertaken to be used and managed for
the benefit of this City which otherwise would prove a great
hindrance and loss especially for that the time of the year 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 sum
and bear the charges of building before mentioned. These are
therefore to charge and command you that yourselves together
with the assistants and such others 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.
That is that the undertaking was to be taken in hand by
the Companies as undertakers and adventurers just as other
undertakers who were mere adventurers. And then there
is an intimation that the Companies were to pay and bear
their respective proportions of the charges of building
fortifications and freeing of titles whether they accepted of
the offer of the lands or no ; and that notwithstanding the
acceptance of the lands they were to be partakers of the
benefits of fishings and the profits of the towns and other
immunities.
It was not till 1613 that the Irish Society obtained its
first charter, which bears date the 29 th of March of that
year.
By that document it is recited : —
Whereas there can be nothing more kingly than to establish
the true religion of Christ among men hitherto depraved and
almost lost in superstition ; to strengthen, improve, and cultivate
by art and industry countries and lands uncultivated and almost
APPENDIX. 215
desert, and the same not only to plant with honest citizens and
inhabitants, but also to renovate and strengthen them with good
statutes and ordinances, whereby they might be more safely
defended, not only from the corruption of their morals, but from
their intestine and domestic plots and conspiracies, and also from
foreign violence. And Whereas the province of Ulster in our
realm of Ireland for many years now past hath grossly erred
from the true religion of Christ and Divine Grace, and hath
abounded with superstition inasmuch that for a long time it hath
not only been harassed, torn, and wasted, by private and domestic
broils, but also by foreign arms ; we, deeply and heartily
commiserating the wretched state of the said province, have
esteemed it to be a work worthy of a Christian prince, and of
our royal functions, to stir up and recall the same province from
superstition, rebellion, calamity, and poverty which heretofore
have horribly raged therein, to religion, obedience, strength, and
prosperity.
And Whereas our beloved and faithful subjects, the Mayor
and commonalty and citizens of our City of London, burning
with a flagrant zeal to promote such our pious intention in this
behalf, have laudably undertaken a considerable part of the said
plantation in Ulster, below in these presents mentioned, and in
other respects are making progress therein.
That is the preamble as we might call it.
Pausing here, I think it is clear that this recital is
nothing more than a statement of the motives alleged to be
in His Majesty's mind, and influencing him to do what the
charter did. The case of the Plaintiff was put upon the
ground that this recital contained a declaration of trust
binding as such upon the Irish Society, and, through it, upon
the Companies. If it were a trust it must be taken as still
binding so far as the trust is capable of taking effect, and
not unlawful. It is conceded (and indeed obvious) that the
superstition referred to is the Roman Catholic religion ; and
as there is nothing illegal in a trust for the promotion of
Protestantism and the discouragement of other beliefs) the
216 APPENDIX.
" stirring up and recalling " the county of Londonderry from
Catholicism), any more than there would be in a trust for
the " Propaganda/' it would follow that the Irish Society
and the Companies (if the Plaintiff is right) would be bound
to enter upon the work of active proselytism and carry it out
with vigour. Mr. Samuels quite accepted this position,
though The MacDermot was not so strong upon it. But in
truth I think no such result follows, because there is no such
trust. The reasons for the plantation are not the same thing
as the plantation itself. Obviously, too, it does not follow
that because this recital is not in itself a binding declaration
of trust therefore the Irish Society did not take as a trustee
for public purposes. They have always held that they did,
and so expressly admitted, not alone in this action, but in
that which was brought against them by the Skinners'
Company in England, to which I shall again refer.
The Charter, after this statement of the Royal objects,
proceeds to incorporate the City of Derry — thenceforward
Londonderry— and also to constitute and incorporate the
Irish Society, under the name of " The Society, the Governor
" and Assistants, London, of the new Plantation of Ulster,
" within the Realm of Ireland " ; to whom (after elaborate
provisions for the municipal government of Londonderry)
are granted, in the most exhaustive way, all the lands in the
County of Londonderry, subject to the " Motives and
" Reasons " and the articles of agreement, as well those which
afterwards passed to the Companies as those which remained
vested in the Irish Society.
The City Companies were at this time in possession of
their lands. The fact of their not being mentioned in the
Charter appears to me to show that the Crown at that time
intended to deal directly with no one but the Irish Society —
the representatives or delegates of the City — in the matter.
APPENJ)IX. 217
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
218 APPENDIX.
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 resoJu-
APPENDIX. 219
lions 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-
220 APPENDIX.
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 Planta-
tion, 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,
APPENDIX. 221
release and for ever quit claim to the Mayor, and commonalty, and
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 transac-
tions 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 proselytis-
ing 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 Com-
panies, they contend, were only the instruments through
which the policy of the plantation was carried out. The
222 APPENDIX.
Irish Society in its sphere was also nothing more than
another part of the same instrumentality. If the Irish
Society under its Charters took no beneficial interest, why
should the City Companies stand in any better or different
position ? They also must be mere trustees for public
purposes and nothing more.
But the answer is obvious. The Irish Society paid no
money for their estate ; the Companies did. They were
therefore " purchasers," and their right to make a profit for
themselves is, as I have shown, recognised in every document
connected with their title.
Feeling the force of this, The MacDermot admitted that
they were entitled to recoup themselves for their outlay,
including the money contributed by them towards the
plantation before they obtained any titles ; but he placed
this right upon the ordinary doctrine by which a trustee is
entitled to be indemnified by the trust estate. The conten-
tion was that after this reimbursement the Companies were,
and must for ever remain, mere trustees ; either for the
express purposes contemplated at the time, or, if these have
now become obsolete or are fully performed, for other public
purposes in Londonderry, to be determined if necessary by
a scheme to be settled cy pres by the Court. The trusts,
however, whatever they may be, must be the same as those
which bound the Irish Society, since it is admittedly only by
transmission from it that any plausible argument can be
advanced as against the Companies. You can't say the
Companies hold upon a trust because they derive their titles
under the Irish Society, which was itself a trustee, and at
the same time argue that they hold upon other and different
trusts .
Now what are the trusts which are applicable to the Irish
Society '\
APPENDIX. 228
In the case of the Skinners' Company v. the Irish Society
(7 Beav. 12 CI. and Fin.) the Plaintiffs' case was that the
Defendants were trustees for the Companies of which they
were one, and claimed an account in respect of the rents and
profits of the ferries, fisheries, and townlands, (fee. (being the
properties which were not divided amongst the Companies),
or for a partition. Now a more impudent claim could not
be conceived, if the Plaintiffs were not beneficially entitled
and held only on the same trusts which bound the Defendants.
This question, however, was not raised, and does not seem
to have occurred to anyone in the case. True, Sir William
Follett in his argument before the House of Lords said (12
CI. and Fin. 457)—
Does that report which was adopted by the Corporation of
London show that the undivided property, which remained in the
hands of the Irish Society, was held by them as trustees for
undefined public purposes, and not for the benefit of the City
Companies ? No trace can be discovered in the articles of agree-
ment, or in the charters of any distinction between the divided
and the undivided lands ; if there is a public trust imposed on one
portion of them, it must be imposed on all. The Crown granted
all the lands, without any declaration of trust, to the Irish Society,
and the Irish Society, after the division of the lands was made at
a Court of Common Council, conveyed the several allotments to
the respective companies, who had just got a license from the
Crown to hold them in Mortmain.
And this is the only passage in the three reports of the
case (for it is also reported on an earlier branch before Lord
Cottenham in 1 Mylne and Craig) which could be discovered
as affording colour for the argument in question. An argu-
ment of Council — even of a man so eminent as Sir William
Follett — affords at most only matter for consideration, and
has no authoritative force. But what does it come to?
Sir William Follett says, if there is a public trust imposed
upon the lands which were not divisible, it must be imposed
224 APPENDIX.
upon all. He did not mean that any public trust was so
imposed. His whole argument was the contrary, for his
contention was that the Irish Society was not under any
public trust whatever, but a private trust for his clients.
He was not making an admission which would have put the
Plaintiffs out of Court, and given up their property. The
argument was really a reductio ad ahsurdiim, and meant only
this, the Irish Society is no more bound by a public trust
than are the Companies.
It is true that the position and obligation of the Companies
were not before the Court in the Skinners' case, except in
relation to the claim against the Irish Society. But it is
impossible to read the judgment of Lord Langdale, or the
speeches of Lord Lyndhurst and Lord Brougham, without
seeing that they treated the Companies as being owners, not
trustees.
Lord Langdale says (7 Beav. 604) : —
As nothing can be determined as between co-defendants on the
present occasion, the substantial question in the cause is, whether
the Irish Society has, independently of the Companies, and
without being subject to account to them, a discretionary power
to apply any part of the rents and profits of the estates vested in
them, for purposes which they deem beneficial to the public, with
reference to the plantation in Ireland, which is mentioned in the
pleadings. The Irish Society may be answerable to the City of
London, or to the Companies as represented or protected by the
City of London, or to the Crown, yet, if it is not answerable to
the Companies severally, in this Court, the Plaintiffs are not
entitled to the relief which they ask by this Bill. On the other
hand, if the Society had no such discretionary power as they claim,
and are, as trustees, answerable to the Companies, severally, for
all their receipts and payments, the Plaintiffs are entitled to relief ;
their right has been denied, and accounts have been refused to
them.
Again at page 622 of the report he says : —
It is, I think, impossible to read and consider the charter without
coming to the conclusion that the powers granted to the Society
APPENDIX. 225
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 contemporaneous circumstances, I
think it must have been understood 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.
He then refers to the indirect benefits, and continued : —
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 show that the companies were intended
to profit in the way that I have mentioned.
And again at page 630, which is the last passage but one
I shall read : —
The Companies of London were thus recognised by the Crown
as parties interested in the plantation, as undertakers, and after
the conveyances were made, the companies may be considered as
entitled to the lands allotted and conveyed to them (subject to the
conditions of plantation as to particular lands), and as respectively
entitled to all the profits to arise from those allotments, which
(subject to the performance of those conditions) could lawfully be
made. The lands not allotted, together with the ferries and fishings,
remained vested in the Irish Society ; and the City of London^
or the Irish Society on its behalf, were bound to the performance
of those general and public works, which were among the conditions
of plantation, and for the purposes of those general and public
works were, or were supposed to be, entitled to levy money on the
companies, for whose satisfaction they, at least, professed them-
selves to be bound to provide.
226 APPENDIX.
And at page 637,
The Society have vested in them, under a Eoyal Charter, a very
considerable property in which they have not, collectively or
individually as Members of the Society, any beneficial interest,
and in respect of which they are invested with great powers, and
have important duties to perform ; in a sense, therefore, they are
trustees. The property is part of that which was granted for the
purpose of the plantation, and the powers possessed by the Society,
as well as the duties with which it is charged, have all of them
reference to the plantation. Now the objects of the plantation,
and the intents and purposes thereof, were of a nature partly
public and political, and partly private, regarding only the
interests of particular undertakers, whether corporated bodies or
individuals. When the Crown treated only with individuals, and
made grants to them, it imposed only conditions which were
annexed to the enjoyment of the property bestowed, and the right
of the Crown to enforce the conditions constituted the security
which it held for the public and political objects which were
contemplated,
and he held that the Court had no jurisdiction in that suit
to control the discretion of the Irish Society in discharging
the duties of the public trust imposed upon them
In the report of the case in the House of Lords I shall
merely refer to two passages in the Judgment of Lord
Lyndhurst. At page 481 he says :
The Irish Society have held the possession of the lands and
property in question ; the different companies have held their
lands in severalty ; the Irish Society have applied the funds for
public purposes, connected with the plantation, and connected with
the affairs of the Society. They have applied them for purposes
of religion, partly ia the building or repairing of churches, of
chapels, of public schools, the paying of schoolmasters, building
bridges, fortifications, and a variety of other public objects ; and
after they have satisfied those public objects, apparently according
to their own discretion, they have paid over the surplus generally
in round sums to the different Companies, according to the pro-
portions of their original contributions. Now the question is
this, — Under those circumstances, in what situation do the Irish
APPENDIX. 227
Society stand ? Are they trustees for these Companies, for the
private interest and advantage and benefit of these Companies?
Or are they trustees for public objects ? If they are trustees for
public objects and public purposes, it is quite clear that this suit
cannot be maintained ; and the sole question therefore, as a general
question, is to determine, from all the circumstances arising out of
these transactions, in what character they stand. If they are
mere trustees for the private benefit of the Companies, for their
private advantage, then the suit is properly instituted. If, on the
other hand, they are trustees for public objects ; if they are (if
I may so say) public officers, who have important public duties to
perform ; and if those funds which they hold are applicable to
the discharge of those public duties ; if they have a discretion as
to the extent and manner in which they shall apply them, in that
case it is quite clear that this suit cannot bo maintained in the
shape in which it is instituted, at the instance of these Companies
or of this Company — the Skinners' Company.
And at page 487 he says :
The result of all these observations is this, that the objects are
public and important ; that they (the Irish Society) are constituted
for the purpose of carrying those objects into effect ; that those
objects are still in existence ; that the funds of this district are
applicable to those purposes ; that they have a discretion to
exercise as to what extent they will apply those funds, and to
what object ; if that be so, they are public officers, invested with
a public trust, having a right to apply those funds in discharge of
that public trust, and they, therefore, cannot be accountable in a
suit of this kind by the Companies of London, or by any particular
Company, as if they were trustees for private objects and private
purposes.
These expressions of opinion appear to me to show what
is the general nature of the trust or quasi-trust on which the
Irish Society holds the non-divisible lands. That trust they
have never repudiated. I am asked to direct an account
and, if necessary, a scheme against them. No ground what-
ever has been shown for this ; but, as I have already said,
they were properly joined as defendants on the assumption
Q2
228 APPENDIX.
that the Plaintiffs were entitled to succeed as against the
defendant Companies ; and that is the whole question.
When I asked the Plaintiffs, " On what precise trusts do
you say the Companies holdl" I received different answers.
First, it was said for the same purposes as those which bind
the Irish Society (subject to repayment of the Companies'
advances and outlay).
Secondly, it is said these purposes in the case of each
Company must be territorially limited to the extent of the
lands included in its grant. Thirdly, Mr. Samuels threw
out (but perhaps as a tabula in naufragio) that the real trust
might be (1) to recoup the money advanced (2) for the
general purposes of the Plantation in the discretion of the
Company, and (3) as to the surplus for the Company
beneficially. A trust for public purposes and as to the
surplus for the trustee, who has the discretion as to how
much that surplus may be, is one which it would require
very clear evidence to support. Mr. Samuels asked me to
"rise above" such technical considerations and*" decide for
the Plaintiffs that the Companies were bound by some public
trust or other, and that, so far as the trust could not be
defined or ascertained, a scheme should be settled. In my
opinion, however, it lies at the root of the matter to find out
what trusts are alleged to have attached to the grant of
lands in the seventeenth century ; for that is the test
Wilson V. Barnes (38 Ch. Div. 507), quoted by Mr. Samuels,
presupposes a trust for a public purpose (repairing sea walls)
which has become impossible to carry out. In such a case
a scheme will be settled. But to apply it to this case is a
petit 10 principiL
The most plausible answer to the inquiry is that the
Companies, deriving through the Irish Society, were bound
by the same trusts as bound it. But just see to what that
APPENDIX. 229
would have led. The Irish Society were concededly trustees,
with a large discretion, for public purposes of the plantation.
But the revenue in their hands might be more than sufficient
for these purposes. In that case the surplus belonged to the
Companies, a surplus, in fact, divided between them. Now,
if a surplus is distributable among the Companies, what is
to become of it *? If it belongs to them beneficially there is
no difficulty. But if it forms part of the property which
they hold on the same trusts as the Irish Society held it —
that is, for the public purposes of the plantation — there
would be no possibility of applying it, since the trusts must
have been all performed before a surplus could exist. There
does not seem to be any ground for presuming a trust for
the perpetual dry-nursing of the inhabitants of the County
of Londonderry.
This only seems to show the impossibility of holding that
the Companies held their lands upon the same trusts — no
matter how indefinite these trusts might be — as bound the
Irish Society. Two sets — or for that matter thirteen sets —
of trustees could not co-exist under the circumstances, or at
least an intention to set up two or thirteen sets of such
trustees cannot be imputed without evidence. l!^or is the
difficulty removed by the suggestion of splitting up the trusts
and apportioning them amongst the Companies in proportion
to their lands, so long as you have the Irish Society in the
position of general public trustee over the whole.
Of course it does not follow from this that the Companies
took their lands discharged of all obligation and liability.
On the contrary, it is perfectly clear that the Companies
accepted their grants upon the terms of carrying out the
work of plantation within their respective limits by bringing
in settlers, building castles and bawns, providing for their
defence and the defence of the settlers, endowing livings and
230 APPENDIX.
the like. Any flagrant violation of these terms would,
perhaps, have been a breach of contract, and what the
precise remedy would have been I have not to consider.
That is, however, a long way from saying that for all time
they are to be mere trustees without any beneficial interest
in the lands which they " purchased " for their own benefit,
with their own money, and in order to " reap some benefitte "
thereby. It is now near 300 years since they first entered
on these estates. During that time there is no trace of any
such claim as that now advanced by the Rev. Mr. Johnston
ever having been made. There is no suggestion of any
admission by them save that they have occasionally acted as
good landlords usually act — though, indeed, the Plaintiff
does not admit that they have in the main been good land-
lords at all. Some very severe comment was made upon
their conduct in this regard, but without evidence. There
is no scrap of writing in, or connected with, their muniments
of title, stating, or by reasonable inference implying, that
they were only trustees. I am satisfied that their position
was, mutatis mutandis, the same as if they had been private
individuals, and not bodies corporate ; and I think the relator
has wholly failed to prove his case. I confess that I should
have felt, to say the least, no reluctance in arriving at a
different conclusion. But the question is one of evidence ;
and the evidence fails.
It was argued that modern rules as to trusts ought not to
be allowed to have any weight as bearing upon the question
in this case, and that the doctrine that a trustee cannot be
allowed to make a profit out of his trust ought not to be
allowed any weight in this case ; in other words, that the
admitted fact that the Companies were intended to reap a
profit from their acquisition of these estates should not ba
allowed to negative the assertion that still they might be
APPENDIX. 231
trustees. No doubt the doctrine of trusts has received great
development since the reign of James I. Still, we are
dealing with transactions which occurred at a time when
trusts were fairly established as a part of our equitable juris-
prudence, a time near a century later than the Statute of
Uses ; and no instance has been adduced of any kind in
which a trust of this sort has been fastened upon a person
or corporation which was at the same time admittedly a
beneficial owner. Nor could any such trust be worked out,
in the absence of anything to determine what is the amount
of beneficial ownership subject to which the trust is to
attach. Of course, property may be beneficially enjoyed
subject to the performance of certain defined duties and
obligations which may be termed trusts ; but there are none
such here apart from those incumbent upon the Irish Society,
so far as these are defined or recognised. The Companies
were never said to be trustees in any of the documents relied
on by the Plaintiffs. They paid their money for their Irish
estates. They were expressly told they were at liberty
to reap a "profit" or "benefit " from what they got, and I
am clearly of opinion that no Court has any right now to say
that they are mere trustees for the plantation which was
undertaken, and completed more than 250 years ago.
As to the Irish Society, no case for relief has been made
which would entitle the relator to a decree against them
apart from the Companies. The City of London, who are
Defendants, are in the same plight as the Companies, as they
represent the interests of the Brown-Bakers, and the Coopers,
and apart from that position they are only nominal parties.
The information must be dismissed with costs.
232 APPENDIX.
LONDONDEEEY.
The name " Derry " is derived from an old Celtic word,
Dru or Drew, meaning " an oak." Down to the tenth
century it was called Doire Galgaic, or Derry Calgach,
"the oak of the warrior." It was next named Derry
Columbe-Kille, in honour of St. Columbe, who erected,
about the middle of the sixth century, an Abbey in Derry
of the Order of St. Augustine. Up to the reign of Queen
Elizabeth the history of Derry is almost exclusively
ecclesiastical, the place being an important centre of
religious activity from the earliest times. The hill upon
which the city is built is 119 feet above the level of the
River Foyle, and contains 199 acres, 3 roods, and 30 perches.
The Parish of Templemore, in which Derry is situate,
takes its name from the Temple More, or Great Church,
erected in 1164, which was one of the most distinguished
ecclesiastical structures built in Ireland previous to the
Anglo-Norman settlement in the twelfth century. In
1600, Sir Henry Docwra, by Queen Elizabeth's order,
arrived in Lough Foyle, with 4,000 foot and 200 horse,
landed at Culmore, and took possession of Derry. A
charter was presented to Sir Henry for incorporation of the
city, which was not granted until the reign of James I.
By this charter it was agreed between the Crown and
citizens of London that Derry, with 4,000 acres, and the
town of Coleraine, with 3,000 acres, as well as a district
of 20,000 acres between the Foyle and the Bann, should
be conveyed to the English Corporation, on whose part it
was agreed to erect a large number of houses in Derry and
Coleraine, to construct fortifications, provide a garrison for
the fortress of Culmore, and advance £20,000 for the
APPENDIX. 233
undertaking. The management was confided to the Irish
Society, originally a Committee of the London Corporation,
and the money raised by the London Companies. London-
derry and its Liberties, extending about three miles on the
West side of the Foyle, from the centre of the city, belonged
originally to County Donegal. The central square, called
the Diamond, was once known as King William's Square.
The Walls, which are about 1,708 yards in circumference,
were pierced with four gates, viz.. Bishop's Gate, New
Gate (now Butcher's Gate), Ferry Gate, and Water Gate
(now Shipquay Gate). Three others. Castle Gate, New
Gate or Wapping Gate, and Magazine-street Gate were
subsequently added. In 1789 Bishop Gate was rebuilt by
the old Corporation, with concurrence of the Irish Society.
It is in the form of a triumphal arch, erected to the memory
of King William III. Shipquay Gate, Butcher's Gate,
and Ferryquay Gate have also been rebuilt. Derry was
held by the English and Scotch, in the King's name,
against the rebels in 1641, and eight years afterwards for
the Parliament by Sir Chas. Coote and General Monk,
during which periods, as in 1688, it was a place of refuge
for English and Scotch colonists. The Closing of the
Gates by the Apprentice Boys, the valour of the garrison,
their endurance of famine, raising the cry of " No
Surrender," and final victory, have occupied the pen of
several historians. Mitchelburne, one of the defenders of
Derry, in his will, left £bO for providing a crimson flag, to
be hoisted on the top of the Cathedral at each celebration.
From the " Royal Bastion," in which Walker's Testimonial
is erected, a red flag waved during the Siege, in defiance of
the white flag adopted by James's army. The boom was
placed across the river about a mile and-a-half below the
city. There were originally twenty large cannon, with
234 APPENDIX.
many smaller ones, belonging to the city, the largest of
which were presented by the London Companies, and the
smaller ones are supposed to have been left by Sir Henry
Docwra's garrison. The celebrated " Roaring Meg," still
to be seen in the South West Bastion, was presented by
the Company of Fishmongers.
Of late years the city has grown with satisfactory rapidity.
The granting of perpetuity leases by the Hon. Irish
Society gave a wonderful impetus to the building trade,
and while new streets have been formed in many parts of
the city, extensive business premises, on a scale hitherto
unequalled in either size or architectural beauty, have
sprung up in the principal thoroughfares, and others are
being remodelled, enlarged or rebuilt. In 1890 a new City
Hall was erected at Shipquay Place, at a cost of upwards
of £16,000. A Roman Catholic Hall in Orchard Street
has been completed, at a cost of upwards of £20,000.
New Waterworks have been constructed at Creggan at a
cost of .£20,000, and also a scheme for providing a better
supply at the Waterside, at a cost of £4,000 or £5,000.
The city is now supplied with electric light, for which a
loan of £17,860 was obtained from the Board of Works.
A regular steamship service exists between Londonderry
and Liverpool, Morecambe, Fleetwood and Glasgow.
Steamers of the " Allan and State " Line, the " Anchor "
Line, the " Dominion " Line, and the " Beaver " Line call
regularly in the port.
The Great Northern Railway connects the city with
Belfast and Dublin, and the Belfast and Northern Counties
line runs to Belfast. The Londonderry and Ijough Swilly
Railway is a short line to Buncrana, a watering-place on
the shores of the Swilly, with a junction to Letterkenny.
Steamers ply between Fahan, Rathmullan, Portsalon and
APPENDIX. 235
Ramelton in connection with the Lough Swilly Line. At
present steps are being taken to extend the Donegal Railway
to Londonderry, the Buncrana Line to Cardonagh, and the
Letterkenny Line to Gweedore.
A street Tramway, extending from Carlisle Bridge to
the Lough Swilly Railway Station on Strand Road, has
superseded the useful Omnibus service which hitherto
existed under the management of Messrs. M 'Learn & Co.
Telephonic communication has been established in the city,
with an extension to Strabane. The steam ferry service,
connecting the city proper with the Waterside, has been
considerably augmented by the addition of row-boats,
which ply from various landing stages along the quay.
Though the manufacture of linen has long since ceased in
the city, other departments of industry have sprung up, and
rapidly extended. Grain mills, saw-mills, coach factories,
distilleries, etc., have been extensively worked by enter-
prising local firms. Shirt manufacturing affords employment
in the city and surrounding district to 20,000 persons,
principally females, and a quarter of a million of money is
annually paid in wages by the different firms.
The milling industry is largely carried on, a number of
patent roller flour mills having been fitted up by local firms,
at an aggregate cost of over ^20,000. A Chamber of
Commerce exists, and exercises an important influence on
the trade of the port.
Shipbuilding, started some years ago under most favourable
auspices, was carried on with considerable energy at
Pennyburn by Mr. C. J. Bigger, but it met with a serious
reverse in 1892, necessitating the closing of the yard. A
new company was formed some time ago for the purpose of
reviving the industry, but, for the present, the project has
been abandoned.
236 APPENDIX.
The population of the Borough in 1841 was 14,087 ; in
1851, 19,888; in 1861, 20,875; in 1871, 25,242; and in
1881, 29,162; being an increase during the ten years of
3,920. In 1891 the population was 33,200, or an increase
on 1881 of 4,038, or almost 14*0 per cent. The city
comprises an area of 2,164 acres within its municipal and
parliamentary boundary, and 13,493 acres within the
district constituting the barony.
The Municipal Government is vested in the Corporation.
The Borough Magistrates have a separate jurisdiction from
the County Justices of the Peace. The Assizes for the
County are held in the City. The County Court Judge
and Recorder of the City holds Quarter Sessions for the
County and city respectively. The Mayor and Borough
Magistrates hold a Court daily, and the City Petty
Sessions are held on Monday and Thursday in each week.
The Mayor holds a Court of Conscience every Friday.
Petty Sessions for the rural district of Londonderry,
presided over by County Justices, are held in the Court
House, Bishop Street, on the second Wednesday in every
month. Until 1896 Derry Corporation consisted of six
Aldermen and eighteen Councillors, elected from the East,
North and South Wards, into which the City was divided.
In the Parliamentary session of 1896 the Corporation
obtained an Act reducing the Municipal Franchise to the
parliamentary level, and enlarging the Corporation to
forty — two Aldermen and Six Councillors for each of five
Wards, named respectively the East, North, South, West
and Waterside Wards.
Fairs are held on the first Wednesday in each Month,
the 17th June, 4th September, and 17th October. Markets
are held every week-day for butchers' meat, fish, pork,
vegetables, eggs, poultry, fruit, butter, meal and potatoes.
APPENDIX. 237
The principal market days are Wednesday and Saturday.
The market accommodation in the city is very good, except
as regards the showing of horses on fair days in one of the
principal thoroughfares.
The Borough Cemetery occupies an area of about thirty
acres. It is picturesquely laid out, and contains a commo-
dious Mortuary Chapel. The grounds are in charge of a
Superintendent appointed by the Corporation.
A statue of Sir Robert Ferguson, who represented the
city in Parliament for many years, stands in the Diamond.
The principal monument, erected to the memory of
Rev. George Walker, Governor of Derry during the siege,
occupies the centre of the Royal Bastion, the first stone of
which was laid on 18th December, 1826, and the column
was completed in August, 1828, at the expense of £1,200,
raised by the Apprentice Boys and by public subscription.
The principal buildings are the Cathedral, three other
Protestant Episcopal Churches, St. Eugene's Roman
Catholic Cathedral and a Parochial House contiguous, two
Roman Catholic Chapels, five Presbyterian, one Indepen-
dent, two Covenanting, and two Methodist Churches ;
the Lord Bishop's Palace, the Deanery, Foyle College,
Magee College^ St. Columb's (Roman Catholic) College,
County and City Court House, Gaol, Government School
of Art, Harbour Offices, County Infirmary, Lunatic
Asylum, Gwyn's Institution, Union Workhouse, Military
Barracks (now undergoing considerable extension), Guild-
hall, Young Men's Christian Association Hall, Banks, Shirt
Factories, Model School ; Gas Works, Electric Light
Generating Station, Roman Catholic Hall, Apprentice
Boys' Memorial Hall, Custom House, Post, Telegraph, and
other Government Offices, the Craig Memorial School, the
Royal Opera House, Diocesan Synod Hall, Union Hall,
238 APPENDIX.
Cathedral Schools, Nazareth House, and a large number of
Hotels. At one time the Cathedral was covered with lead,
over a strong roof of Irish oak. On this roof cannon were
placed during the Siege, and in the building seventeen
Episcopalian and eight Presbyterian ministers, daily, in
their turn, preached and prayed. In the area of the tower,
on entering the Church, is the large bomb-shell which
contained Marshal de Rosen's summons to surrender,
accompanied by a terrible menace. Within the Cathedral
may be seen, among other relics of the Siege, the represen-
tatives of the two white flags taken by Mitchelburne from
the besieging army. The original flags were renewed in
1788, 1839 and in December, 1888, being the bi-centenary
celebration, by the ladies of Derry, the poles and tassels
being retained. The Chancel end of the Cathedral has
been extended 35 feet. The alteration vastly enhances the
appearance as well as the comfort and convenience of the
sacred building.
Through the efforts of the late Dean of Derry a handsome
and commodious building, used as a Mission Church and
School, was erected in Bishop Street (Without) during 1894.
On the Mall Wall attractive and substantial School
premises have been provided in connection with First
Derry Presbyterian Church, and at the Long Tower new
commodious Schools have been built in connection with the
Roman Catholic Church. At the Waterside a new Presby-
terian Church has been completed, and the Methodist
Church in the same District has been enlarged and
improved. In Fountain Street a new church has been built
for the Baptist body.
APPENDIX. 239
COLERAINB.
Coleraine, the second town of importance in the County of
Londonderry, is situated sixty-one miles, NNE., from Belfast,
and thirty-three miles East of Londonderry City. The
local station being the converging point of the Londonderry
and Coleraine section of the Northern Counties Railway
with the Portrush Junction of the same line, a great deal of
goods traffic and immense numbers of passengers, especially
in the summer season, pass through. The Derry Central
Railway connects the town with Garvagh, Kilrea, and
Magherafelt. The town is under the control of Com-
missioners, elected under the Towns Improvement (Ireland)
Act, 1854. Under an Act passed for the navigation
of the Bann, a body of Harbour Commissioners has
been formed, consisting of nineteen members, five of which
are elected by the Guardians of Coleraine Union, twelve by
the Coleraine Town Commissioners, and the remaining two
by payers of dues. One-third retire each October, but are
eligible for re-election. A stone bridge, of three arches,
connects Coleraine Parish on the East, with Killowen on the
West, of the Bann. Amongst the industrial pursuits may
be mentioned a weaving factory and shirt factory, which
give employment to several hundred hands. The town is
far-famed for its salmon fisheries and distillery. The latter,
which is owned and managed by R. A. Taylor, Esq., J. P.,
was established upwards of fifty years ago, and the celebrated
H.C. (House of Commons) whiskey manufactured there is
well known and highly appreciated, not only over the Three
Kingdoms, but also on the Continent. Not the least
important establishment in the town is the extensive brass
and iron foundry of Messrs. H. Kennedy & Son, where
240 APPENDIX.
empJoyment is given to a large number of mechanics in the
manufacture of agricultural implements and machinery.
The Town, which of late years has shown signs of rapid
improvement, is chiefly owned by the Hon. the Irish Society,
and the Kight Hon. Sir Henry Hervey Bruce, Bart., but a
large portion of it belongs to the inhabitants themselves.
The principal public buildings are the Town Hall, a very
handsome edifice, erected by the Commissioners in the centre
of the Diamond ; the Court-house and the Bridewell ; the
Coleraine Academical Institution, and the District National
Model School on the West bank of the river ; the Union
Workhouse and Fever Hospital on the East ; and the
Coleraine Parish Church. A splendid suite of schools and
teachers' residences, the gift of the Hon. the Irish Society,
for the free education of the children of the town, was
opened in October, 1868. There are ten houses of worship.
The Parish Churches of Coleraine and Killowen. Three
Presbyterian Churches. Two Roman Catholic Chapels. One
Baptist Chapel. One Independent Chapel, and one Metho-
dist Chapel. The Salvation Army have a place of worship
in the Commons. The Belfast, Northern, and Provincial
Banks have flourishing branches in Coleraine ; and the
Ulster Bank an agency, which is open on Saturdays. There
are three first-class and several second and third-rate hotels
in the town. A handsome and commodious edifice, erected
in Preachinghouse Street at a cost of £3,000, has been pre-
sented to the inhabitants by Miss Bankin, Money carrie, as a
temperance refreshment cafe. It is in charge of a board of
trustees, with Mr. William Henry as secretary, and Miss
Glenny as manageress. There are four markets held during
the week, in the splendid market squares erected by the
Corporation, and enlarged by the Commissioners. The
markets on Mondays, Wednesdays, and Fridays are for the
APPENDIX. 241
sale of grain ; on Saturdays, butter, pork, flax, young pigs,
potatoes and vegetables are disposed of. There is also a
market every Tuesday (during the season) for the sale of
poultry, held in the Waterlow Market, New Row, in which
market there is accommodation for fruit, vegetables, fish,
butchers' meat, and other commodities. Four fairs are held
during the year for the sale of horses and cattle ; namely,
on the first Tuesday of February, May, August and
November, and an annual fair on the 1 2th May ; besides,
fairs are held on the first and third Tuesdays of each month
for the sale of cattle. There is steam communication twice
weekly with Glasgow, and once weekly with Liverpool. The
general shipping of the port has greatly improved in the
past year.
INDEX,
Act for settling certain rights (Appendix), 127.
Addresses to Society, 61, 82, 106, 109, 123.
Advowsons, 40, 53, 72.
Agricultural Holdings, 95, 98.
Applications for Grants, 118.
Apprentice, Boys, 78.
Assistants, Election of, 53, 60.
Ballougry School, 92, 96, 117.
Bann Eiver, 47, 57, 59, 61, 67, 84, 87, 90, 92, 98, 102, 106, 112, 113.
Banquets, Public, 60, 61.
Bishop Bramhall, Ejectment against, 40.
Bishop of Derry, Claims of, 37.
Boghill Schools, 64, 126.
Bursaries, 107, 123.
Bye-Laws, 36, 123, 125.
C.
Cathedral, of Derry, 30, 50, 51, 58, 62, 72, 77, 80, 103, 108, 110, 122, 123.
Charter of Incorporation, 13, 28.
„ „ Granted by Oliver Cromwell, 34.
Charter, Confirmation of, 36.
Chancery Suit against the Society and Livery Companies, 116, 126.
Chapel, Cemetery, 57.
Chapel of Ease, Derry, 73, 77, 91.
Chief Companies Requested to Furnish Arms, 24.
„ „ Precepts Issued by Irish Society to, 24.
Christ Church National Schools, 126.
Churches, 48, 56, 64, 67, 73, 76, 78, 79, 80, 82, 83, 84, 85, 88, 92, 94, 95,
100, 101, 102, 104, 107, 108, 110, 114, 115, 117, 122, 123.
City Walls, 56, 103.
244 INDEX.
Clock Tower, 56.
Clooney Parish Schools, 101.
Coast Guards, Culmore, 61, 63, 72.
Coleraine Academical Institution, 57, 61-62, 73, 74, 84, 88, 90, 95, 105,
120, 124.
Coleraine Bridge, 44, 46.
„ Cemetery, 79.
„ Cottage Hospital, 115.
„ Description of (Appendix), 239.
„ Free School, 41.
„ Harbour Commissioners, 106, 112, 113, 124.
Markets, 45, 46, 49, 81.
„ Model School, 91, 94.
„ Parish Church Eestoration, 105, 108.
„ Schools, 46, 5S, 63, 74, 79, 88, 92, 94, 99, 101, 110, 112, 116,
120, 123.
„ Terrace Row Presbyterian Schools, 100.
„ Town Commissioners, 68, 84, 86, 87, 90, 92, 93.
„ Town Hall, 58, 120.
Commission to Enquire into the King's Title, 2.
Communion Plate, 107.
Conspiracy, 25.
Corporation of Coleraine, 42, 43.
Corporation of Londonderry, 39, 41, 43, 46, 51, 52, 53, 54, 55, 68, 94,
118, 119, 120.
Crown Commission Appointed, 28.
Crown Rents, 55.
Culmore Church, 59, 65, 66, 67, 69, 70.
Ferry, 76, 77.
Fort, &c., 38, 39, 47, 54, 57, 58.
Main Drain, 91.
New Road, 63.
Parsonage, 101, It 3.
Schools, 62, 80, 91, 113.
D.
Deanery Schools, 110, 115, 116, 122.
„ House, Londonderry, 76.
Deputations of Society, 50, 51.
INDEX. 245
Dividend to the Companies, 36.
Division of Estates, 15.
Docks, 57.
Duke of Connaught, 92.
„ Edinburgh, 105.
E.
Educational Endowments Commissioners, 110.
Ellis, Sir J. Whittaker, 104, 117, 119.
Encroachments on Society's Property, 70, 88.
Fire at Guildhall, 48.
Fisheries, 26, 41, 44, 45, 46, 47, 52, 53, 61, 65, 66, 69, 70, 71, 75, 85, 86,
93, 98, 99, HI.
Foyle College, 59, 65, 68, 77, 78, 80, 86, 87, 103, 117, 120.
G.
Government House, 56.
H.
Hanover Square Gardens, 74.
Heads of Agreement between the Society and the Crown, 4.
Irish Chamber, 52.
Irish Land Bill, 96-97, 109.
Irish Municipal Bill, 55.
Irish Society Appointed, 10.
J.
Judgments (Appendix), 133, 179, 200.
K.
Killea Graveyard, 65, 118.
246 INDEX.
L.
Labourers' Cottages, 73,' 82, 93.
Leases, 27, 59, 72, 74.
Licence to hold in Mortmain, 2L
Londonderry Academical Institution, 71, 72, 75, 80, 87, 91, 94, 106,
110, 113, 117, 118.
Londonderry Bridge, 48, 49, 50, 55, 58, 62, 82, 84, 85, 87, 89, 115.
„ Description of (Appendix), 232.
„ First Presbyterian Schools, 113, 118.
„ Fourth „ ,,100.
„ Free Episcopal Church, 72.
Girls' School, 94, 95.
„ Guildhall, 108, 109, 112, 118, 125, 126.
„ Improvement Bill, 56, 59.
„ Infirmary, 112, 125.
„ partly destroyed by fire, 36.
„ Penitentiary, 62.
„ School of Art, 79, 81, 88, 91, 94, 115, 117.
„ Young Men's Christian Association, 64, 67, 78.
Long Tower National Schools, 120.
Lord-Lieutenant, 41, 112, 113.
Lough Foyle Slobs, 107.
Lough Neagh granted to the Society, 29.
Lough S willy Railway, 59.
Lunatic Asylum, 119.
M.
Magee College, 57, 58, 61, 73, 76, 81, 83,89, 91, 94, 100, 120.
Memoranda of Principal Events, 36.
Mines, 74.
Moleman School, 61.
Monuments Erected, 55, 76.
Moville Pier, 56.
N.
Nazareth House, 117.
New Road, 107.
North West of Ireland Society, 51.
INDEX. 247
Officers, 50.
P.
Patriotic Fund, 57.
People's Park, 100, 116, 125.
Perpetuity Leases, 48, 96, 99, 114.
Petitions to Parliament, 77.
Phillips, Sir George Faudel, Bart., G.C.I.E., 117.
Poor Fisherman, 76, 79.
Poor, Relief of, 92, 96, 98, 104.
Port and Harbour Commissioners, 78,101, 125.
Presbyterian Orphan Society, 106.
Prince of Wales, 108.
Proceedings in Parliament, 64, 70, 80, 82, 83, 86, 90, 98, 104, 111,
(Appendix) 194.
R.
Railways, 56, 79, 85, 95, 114.
Rebellion, 50.
Recreation Ground, 122.
Roman Catholic Temperance Society, 102.
Rose, Aid. Sir W. A., 76.
Rossnagallaiagh Schools, 101.
Royal Agricultural Society, 68, 79, 107.
Royal Irish Constabulary, 111.
St. Columb's College, 93, 116, 117, 122.
St. Columb's National Schools, 120.
St. Eugene's National Schools, 124.
Scholarships, 99, 121.
Science Lectures, 91.
Scire facias, 31.
Sequestration, 29.
Shipbuilding, 93, 122.
Siege of Derry, 33, 34, 37.
Singleton, Lord Chief Justice, 46.
248 INDEX.
Skinners' Company, 55 (Appendix), 132.
Star Chamber, 30.
Statement of Accounts, 54, 82
Streets Widening of, 66, 101, 108, 123.
Survey, 28, 34, 108.
Timber, 39, 42, 43, 44, 45, 46.
Tithe Rent Charge, 73.
T.
Y.
W.
Walker's Monument, 84, 106.
Waterlow, Sir Sydney H., 76, 104.
Waterside National Schools, 91.
Waterside Parochial Church, 62.
Waterside Presbyterian Church, 60, 62.
Waterworks, 57, 64, 67, 81, 90, 103, 122, 124.
Widows' Fund Society, 109.
—Waterlow & Sons Limited, Printers, London Wall, London, E.G.—
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