Chapter 7

The companies to take up allotment of Irish estate, Jan., 1611.Early in the following year (31 Jan., 1611) the livery companies were called upon to certify to the Irish Society, within one week, whether or no they were willing to accept an allotment of the Irish estate proportionate to the money by them advanced, and to[pg 040]cultivate and plant the same at their own cost and charges, according to the "printed book" of the plantation, or leave the letting and disposing thereof to the governor and committees. They were warned that, in any case, they would still have to contribute towards the charge of building houses and fortifications and freeing of tithes.118In response to the mayor's precept eight of the principal companies of the city, viz., the Mercers, Grocers, Drapers, Fishmongers, Goldsmiths, Salters, Ironmongers and Vintners, and ten of the inferior companies, viz., the Dyers, Pewterers, Founders, Whitebakers, Broderers, Armourers, Tilers and Bricklayers, Blacksmiths, Weavers and Woodmongers, signified their willingness to accept a proportionate part of the land (27 Feb.). The remainder of the companies preferred to leave the lands alone, but they were allowed to come in afterwards if they saw reason to change their mind.119A further sum of £10,000 to be raised for the plantation, July, 1611.By July (1611) nearly the whole of the £20,000 had been expended. The Common Council thereupon resolved that a further sum of £10,000 should be levied on the companies at the same rate as the last two payments. A day was appointed for the companies to send in a written notice whether they agreed to contribute to this fresh sum or were ready to forfeit the money they had already subscribed and lose all their right in the plantation.120. £5,000 was to be ready by the 10th August. The remainder was not demanded until July, 1612.121The Irish Society incorporated, 29 March, 1613.Hitherto the agreement between the lords of the council and the citizens of London had been carried[pg 041]out by one side only. The City had found the money wherewith to carry out the work of the plantation, but as yet not an acre of land had been assigned. It is not surprising, therefore, that when the Grocers' Company were called upon to contribute theirquotato the £5,000 demanded in July, 1612, they desired the lord mayor not to press the matter until the assurance of the lands and other hereditaments for which money had been formerly disbursed should have been obtained from his majesty.122At length, on the 29th March, 1613, the Irish Society received its charter of incorporation.Another £10,000 demanded of the companies, 30 April, 1613.Notwithstanding the great difficulty experienced in getting in the last £5,000—as much as £3,667 10s.being still outstanding in October, 1612123—the Common Council found itself under the unpleasant necessity of asking the companies for another £10,000 within a few weeks of the incorporation of the Irish Society. Not only had the whole of the £30,000 formerly subscribed been expended, but the Irish Society had borrowed £3,000 from the Chamber of London.124The money was to be raised by the end of May.The Londoners charged with remissness in carrying out the work of the plantation.James had already begun to show impatience—even before the granting of the charter of incorporation to the Irish Society—at the little progress made in the work of the plantation. At the close of the last year (21 Dec., 1612) he had himself written to Sir Arthur Chichester directing him to send home an account of what the Londoners had done; for, notwithstanding their pretence of great expenditure, there was, so he[pg 042]was informed, little outward show for it.125Fault was found with them, not only for failing to build houses according to the articles of agreement, but for their humane treatment of the "mere Irish," instead of driving them forth to perish in the narrow districts set apart for them.126Two special commissioners sent to Ireland, June, 1613.On Midsummer-day (1613) Sir Henry Montague, the Recorder, and Sir William Cockaine, the governor of the Irish Society, signified to the Common Council that it was the king's wish that the walls and fortifications of Derry should be at once taken in hand. The court agreed to lose no time in carrying out the king's wishes, and further resolved to despatch "some great and worthy magistrate," as well as "some commoner of special countenance and credit," to take an exact notice, view and account of the whole work of the plantation, and of all works done and to be done, and, in a word, to do all that they deemed necessary for the good of the plantation. The choice of the court fell upon Alderman George Smithes and Matthias Springham, a Merchant Taylor.127Their report submitted to the Common Council, 8 Nov., 1613.These two proceeded to Ireland, and, having viewed the plantation, sent home from Dublin a detailed report of all they had seen and done.128The report was submitted to the Common Council on the 8th November (1613). Among other things they had taken great pains to make an equal division of the land as far as was possible into twelve parts, with the view of distributing it among the livery companies as proposed,[pg 043]and a "plott" of the division was laid before the court. But they were of opinion that the city of Londonderry and its land of 4,000 acres, and the town of Coleraine with its 3,000 acres, its ferries and fisheries, could not be conveniently divided, but the rents and profits of them might be divided among the several companies. As to the fortification of Derry, the commissioners had consulted ten military experts on the matter and plans had been drafted; but it was necessary to gather material before the wall could be commenced, and this the commissioners recommended should be taken in hand at once.Allotment of the Irish estate among the companies, 17 Dec., 1613.On the 17th December lots were publicly drawn to decide the particular lands which each of the twelve principal companies, combined with several of the inferior companies in such a way as to make their total contributions to amount, as far as might be, to one-twelth of the whole sum (£40,000) contributed, should hold.129The companies at once took possession of their property so far as they could do so; but livery of seisin was not and could not be made to them until James had granted (30 Sep., 1615), both to the Irish Society and to the companies, a licence in mortmain. This licence was expressly granted "to the end that they might be the better encouraged and enabled to proceed and finish the same plantation, and in future times reap some gains and benefits of their great travails and expenses bestowed therein."130It may be inferred from this that James had little expectation that the undertakers[pg 044]would reap much gain or profit from their enterprise notwithstanding former professions. For some years to come there was no gain, little or great. No sooner had the allotment of land to the companies taken place than they were called upon to raise a further sum of £5,000,131and at the end of another twelve months a further sum of £7,500, making in all a sum total of £52,500 which they had subscribed towards the plantation.132It was not until 1623 that the profits of the plantation began to exceed the costs and the Irish Society was in a position to pay a dividend.133The right of the companies to sell their Irish estate questioned.The select Parliamentary Committee of 1890.In years gone by, when some of the companies sold their Irish estate, there was no question as to their power of alienation or their absolute right to the proceeds of the sale, but of late years a cry has been raised that the companies held their estates in a fiduciary capacity, and that they could not legally alienate their Irish property without accounting for the proceeds of the sale as public trustees. It had got abroad that those companies who had not already parted with their Irish estates—as the Haberdashers had done as far back as the year 1675, and the Merchant Taylors, the Goldsmiths and the Vintners, between the years 1728 and 1737—were meditating a sale. In response to the cry thus raised a select Parliamentary Committee was appointed to enquire "as to the Terms of the Charters or other Instruments[pg 045]by which their Estates in Ireland were granted to the Irish Society and to the London companies, and as to the Trusts and Obligations (if any) attaching to the Ownership of such Estates." Any trust or obligation in connection with the tenure of these estates would naturally be comprised within the four corners of the charters and instruments mentioned in the order of reference just cited, but these the committee practically ignored, on the ground that the task of pronouncing with decisive authority upon their legal construction could only be performed by a judicial tribunal.134We have it, however, on the authority of so sound a lawyer as the late Sir George Jessel, that the companies are ordinary owners of their Irish estates in fee simple, subject only to the reservations expressly contained in the conveyance to them.135

The companies to take up allotment of Irish estate, Jan., 1611.

Early in the following year (31 Jan., 1611) the livery companies were called upon to certify to the Irish Society, within one week, whether or no they were willing to accept an allotment of the Irish estate proportionate to the money by them advanced, and to[pg 040]cultivate and plant the same at their own cost and charges, according to the "printed book" of the plantation, or leave the letting and disposing thereof to the governor and committees. They were warned that, in any case, they would still have to contribute towards the charge of building houses and fortifications and freeing of tithes.118In response to the mayor's precept eight of the principal companies of the city, viz., the Mercers, Grocers, Drapers, Fishmongers, Goldsmiths, Salters, Ironmongers and Vintners, and ten of the inferior companies, viz., the Dyers, Pewterers, Founders, Whitebakers, Broderers, Armourers, Tilers and Bricklayers, Blacksmiths, Weavers and Woodmongers, signified their willingness to accept a proportionate part of the land (27 Feb.). The remainder of the companies preferred to leave the lands alone, but they were allowed to come in afterwards if they saw reason to change their mind.119

A further sum of £10,000 to be raised for the plantation, July, 1611.

By July (1611) nearly the whole of the £20,000 had been expended. The Common Council thereupon resolved that a further sum of £10,000 should be levied on the companies at the same rate as the last two payments. A day was appointed for the companies to send in a written notice whether they agreed to contribute to this fresh sum or were ready to forfeit the money they had already subscribed and lose all their right in the plantation.120. £5,000 was to be ready by the 10th August. The remainder was not demanded until July, 1612.121

The Irish Society incorporated, 29 March, 1613.

Hitherto the agreement between the lords of the council and the citizens of London had been carried[pg 041]out by one side only. The City had found the money wherewith to carry out the work of the plantation, but as yet not an acre of land had been assigned. It is not surprising, therefore, that when the Grocers' Company were called upon to contribute theirquotato the £5,000 demanded in July, 1612, they desired the lord mayor not to press the matter until the assurance of the lands and other hereditaments for which money had been formerly disbursed should have been obtained from his majesty.122At length, on the 29th March, 1613, the Irish Society received its charter of incorporation.

Another £10,000 demanded of the companies, 30 April, 1613.

Notwithstanding the great difficulty experienced in getting in the last £5,000—as much as £3,667 10s.being still outstanding in October, 1612123—the Common Council found itself under the unpleasant necessity of asking the companies for another £10,000 within a few weeks of the incorporation of the Irish Society. Not only had the whole of the £30,000 formerly subscribed been expended, but the Irish Society had borrowed £3,000 from the Chamber of London.124The money was to be raised by the end of May.

The Londoners charged with remissness in carrying out the work of the plantation.

James had already begun to show impatience—even before the granting of the charter of incorporation to the Irish Society—at the little progress made in the work of the plantation. At the close of the last year (21 Dec., 1612) he had himself written to Sir Arthur Chichester directing him to send home an account of what the Londoners had done; for, notwithstanding their pretence of great expenditure, there was, so he[pg 042]was informed, little outward show for it.125Fault was found with them, not only for failing to build houses according to the articles of agreement, but for their humane treatment of the "mere Irish," instead of driving them forth to perish in the narrow districts set apart for them.126

Two special commissioners sent to Ireland, June, 1613.

On Midsummer-day (1613) Sir Henry Montague, the Recorder, and Sir William Cockaine, the governor of the Irish Society, signified to the Common Council that it was the king's wish that the walls and fortifications of Derry should be at once taken in hand. The court agreed to lose no time in carrying out the king's wishes, and further resolved to despatch "some great and worthy magistrate," as well as "some commoner of special countenance and credit," to take an exact notice, view and account of the whole work of the plantation, and of all works done and to be done, and, in a word, to do all that they deemed necessary for the good of the plantation. The choice of the court fell upon Alderman George Smithes and Matthias Springham, a Merchant Taylor.127

Their report submitted to the Common Council, 8 Nov., 1613.

These two proceeded to Ireland, and, having viewed the plantation, sent home from Dublin a detailed report of all they had seen and done.128The report was submitted to the Common Council on the 8th November (1613). Among other things they had taken great pains to make an equal division of the land as far as was possible into twelve parts, with the view of distributing it among the livery companies as proposed,[pg 043]and a "plott" of the division was laid before the court. But they were of opinion that the city of Londonderry and its land of 4,000 acres, and the town of Coleraine with its 3,000 acres, its ferries and fisheries, could not be conveniently divided, but the rents and profits of them might be divided among the several companies. As to the fortification of Derry, the commissioners had consulted ten military experts on the matter and plans had been drafted; but it was necessary to gather material before the wall could be commenced, and this the commissioners recommended should be taken in hand at once.

Allotment of the Irish estate among the companies, 17 Dec., 1613.

On the 17th December lots were publicly drawn to decide the particular lands which each of the twelve principal companies, combined with several of the inferior companies in such a way as to make their total contributions to amount, as far as might be, to one-twelth of the whole sum (£40,000) contributed, should hold.129The companies at once took possession of their property so far as they could do so; but livery of seisin was not and could not be made to them until James had granted (30 Sep., 1615), both to the Irish Society and to the companies, a licence in mortmain. This licence was expressly granted "to the end that they might be the better encouraged and enabled to proceed and finish the same plantation, and in future times reap some gains and benefits of their great travails and expenses bestowed therein."130It may be inferred from this that James had little expectation that the undertakers[pg 044]would reap much gain or profit from their enterprise notwithstanding former professions. For some years to come there was no gain, little or great. No sooner had the allotment of land to the companies taken place than they were called upon to raise a further sum of £5,000,131and at the end of another twelve months a further sum of £7,500, making in all a sum total of £52,500 which they had subscribed towards the plantation.132It was not until 1623 that the profits of the plantation began to exceed the costs and the Irish Society was in a position to pay a dividend.133

The right of the companies to sell their Irish estate questioned.

The select Parliamentary Committee of 1890.

In years gone by, when some of the companies sold their Irish estate, there was no question as to their power of alienation or their absolute right to the proceeds of the sale, but of late years a cry has been raised that the companies held their estates in a fiduciary capacity, and that they could not legally alienate their Irish property without accounting for the proceeds of the sale as public trustees. It had got abroad that those companies who had not already parted with their Irish estates—as the Haberdashers had done as far back as the year 1675, and the Merchant Taylors, the Goldsmiths and the Vintners, between the years 1728 and 1737—were meditating a sale. In response to the cry thus raised a select Parliamentary Committee was appointed to enquire "as to the Terms of the Charters or other Instruments[pg 045]by which their Estates in Ireland were granted to the Irish Society and to the London companies, and as to the Trusts and Obligations (if any) attaching to the Ownership of such Estates." Any trust or obligation in connection with the tenure of these estates would naturally be comprised within the four corners of the charters and instruments mentioned in the order of reference just cited, but these the committee practically ignored, on the ground that the task of pronouncing with decisive authority upon their legal construction could only be performed by a judicial tribunal.134We have it, however, on the authority of so sound a lawyer as the late Sir George Jessel, that the companies are ordinary owners of their Irish estates in fee simple, subject only to the reservations expressly contained in the conveyance to them.135

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