CHAPTER VII

THE IRISH ESTATES

The following history of the Irish estates is taken from _London and Londonderry_, published in Belfast (1890) by Messrs. Marcus Ward and Co.

In the year 1608 the first steps were taken towards the settlement of Ulster by English and Scotch emigrants—a measure whose wisdom was shown eighty years later, when the grandson of James the First owed his expulsion largely to the descendants of the original settlers.

The greater part of six counties in the Province of Ulster, viz. Donegal, Fermanagh, Cavan, Tyrone, Armagh, and Coleraine, after the rebellions of O’Neill and O’Donnell, were declared to be escheated to the Crown. James conceived a plan for securing the peace and welfare of Ulster by replacing the Irish rebels by Protestant settlers, together with those of the Irish who were willing to conform to the English rule and religion. He therefore invited “undertakers” who would accept of lands in Ulster on his conditions.

These were, that they should not ask for large portions “in tending their private property only;” that there should be three classes of undertakers:

(1) Those who would plant with English or Scotch tenants.

(2) Servitors or military undertakers.

(3) Native Irish admitted as freeholders.

The first class were to pay to the Crown the great rent of £5:6:8 for every thousand acres. The second class, when they planted with English or Scotch tenants, were to pay the same; otherwise, the second class were to pay £8 for every thousand acres; and the third class were to pay £10:13:4 for every thousand acres.

The third condition was, that all were required to provide strongholds and arms for defence, to let their lands on easy terms, to “avoid Irish exactions,” and to be resident; they were not to accept the “mere” Irish as tenants at all; they were required to create market towns, and to found at least one free school in every county for education in religion and learning. They were also privileged to import from Great Britain for three years, free of custom, everything requisite to put the plantation on a satisfactory footing.

In 1609 Commissioners were appointed to survey the escheated lands and to divide them into convenient parcels for allocation.

In the same year proposals were made in the King’s name to the City that the Corporation itself should undertake the restoration of the city of Derry and the town of Coleraine, and should plant the rest of the county with undertakers. The City was offered the Customs for twenty-one years at 6s. 8d. per annum, the fisheries of the Bann and the Foyle, free license to export wares grown on their own land, and the admiralty of Tyrconnel and Coleraine.

The following were the inducements held out to the City:—

“If multitudes of men were employed proportionally to these commodities which might be there by industry attained, many thousands would be set on 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 might not only conveniently spare, but also reap a singular commodity by easing themselves of an insupportable burthen which so surcharged 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, of necessity, must have recourse thither, which persons pestered or closed up together can neither otherwise or very hardly avoid” (_London and Londonderry_, p. 7).

On July 1, 1609, the Court of Aldermen sent a precept to each of the City Companies asking them to appoint representatives to consider the propositions. The Companies refused to undertake this work. Thereupon the Mayor appointed a Committee, ignoring the refusal of the Companies, to carry out the undertaking. This Committee sent an order to the Companies to ascertain what each member would willingly undertake.

On August 1, 1609, the City sent out four “viewers” to survey the place intended for the new Plantation and “to make report to this City.” The viewers returned in December, when it was resolved that £15,000 should be raised to meet preliminary expenses. The money was to be raised _in_ the Companies, not by the Companies. Meantime the City asked for certain additional advantages, including forces for defence to be maintained at the King’s charges. It was agreed that 200 houses should be built at Derry, leaving room for 300 more, and that 100 houses should be built at Coleraine, leaving room for 200 more, and that fortifications should be constructed. Another sum of £5000 was then ordered to be raised. In January 1610 the demands of the City were granted by the Privy Council. It is important to observe that the “undertaking” by the City was not a purchase by the Companies, but taxation of the members of the Companies by order of the City, just as any other tax was imposed and collected. Some of the poorer Companies were exempted, but not the “abler” men among them.

In July 1611 another contribution of £20,000 was raised by tax. In this case those Companies which might choose to lose the benefits resulting from their previous contributions were exempt—a privilege accepted by two of the Companies.

Power was given by the Common Council to the Committee of the Corporation, afterwards the Irish Society, to divide the land among those Companies willing to accept them, and so “to build and plant the same at their own cost and charges, accordingly as by the Printed Book of Plantation is required.” Eight of the great Companies accepted at once, and the other four shortly afterwards.

Meantime the Privy Council made certain conditions, among them the following:—

“The Londoners are _first_ to provide habitations for such poor and necessary men as they draw thither for their business, and afterwards to let for such rents as shall be fitting _as well for the good of the Plantation_ as for some valuable rent (THE CHARGES CONSIDERED), _the Londoners always performing the Articles of Plantation_” (_London and Londonderry_, pp. 12, 13).

It would appear from this that the subscribers were intended to get rent in return for their outlay, but they never did, because the Companies added the rents of the land to their own corporate funds. As the subscribers do not appear to have objected, this was probably done openly and without any remonstrance or objection.

Complaints began to be made that the conditions were not carried out; only twenty houses were built at Derry instead of the 200 promised; the Londoners were converting the timber to their own profit. In December 1612 the King wrote to Sir Arthur Chichester, the Lord Deputy:—

“‘If there were no reason of State to press it forward, yet we would pursue and effect that work with the same earnestness, merely for the goodness and morality of it, esteeming the settling of religion, the introducing of civility, order, and government among a barbarous and unsubjected people to be the acts of piety and glory, and worthy also a Christian Prince to endeavour’” (_London and Londonderry_, p. 13).

On March 29, 1613, the first charter was granted to the Irish Society as representing not the Companies, but the Corporation of the City of London for the Plantations. This charter constitutes and incorporates the Irish Society:—

“‘For the better ordering, directing, and governing 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 businesses belonging to the same,’ giving the Society power to purchase and hold in fee, _for these purposes_, lands, goods, etc., in England or in Ireland, to have a common seal, and to sue or be sued” (p. 14).

A grant of timber is made only for the Plantation and “not for any other causes to be merchandized or sold.” In other words, the Irish Society was incorporated for the purpose of a Trust; the members were originally Trustees.

It is charged against the Society that they began by neglecting the conditions, setting too high a rent upon their lands, and trying to make a profit for the Londoners out of the property. James himself was much dissatisfied with the conduct of the estates. He wrote to Sir Arthur again in August 1615, adding a postscript in his own hand:—“My Lord, in this service I expect that zeal and uprightness from you, that you will spare no flesh, English or Scotch, for no private man’s worth is able to counterbalance the particular safety of a kingdom, which this Plantation, being well accomplished, will procure.”

A year afterwards the King granted a licence to the twelve Companies to hold in mortmain whatever lands the Irish Society might grant them.

These grants contained a reservation of the right of re-entry if the conditions specified were not kept.

It is, of course, evident that if the Irish Society were Trustees they could not give away their lands, and that they could only make grants under the conditions of their Trust.

In 1620, on further complaints being made, the sequestration of the estates was granted, but not carried out. In 1624 other complaints were made that the conditions of allotting 4000 acres to Derry and 3000 to Coleraine had not been carried out. It was replied that Derry had received 1500 and Coleraine 500.

Charles I. began by making an attempt to fix a fair rent, which appears to have failed, the Society declaring that for the time it was impracticable. There were, no doubt, difficulties in the way of getting settlers, or, which seems possible, there were so many applicants that the Society was able to run up rents. In 1637 the Court of Chancery gave judgment in the case. The letters patent of March 1613 were annulled, and the premises granted to the Irish Society were seized into the hands of the King. A fine of £70,000 was also imposed upon the City.

The charges brought against the Londoners were as follows:—

“1st, Unduly and deceitfully obtaining the letters patent, ‘under pretence of a due observance of the articles’; 2nd, Obtaining more land than it was the King’s intention to grant (97,000 acres of fertile land, instead of 27,000), the rents mentioned being ‘one hundred and ninety-three pounds, eight shillings and fourpence, and no more;’ 3rd, The neglecting to plant with English and inland Scots, and illegally many of the ‘mere Irish’ (names being given) in possession of the lands; 4th, Rack-renting of an atrocious type. ‘Their Agents ... do still continue the natives upon the said Plantation, and paid the Fines imposed upon them, according to the said Proclamation, for not departing from the British undertaken Lands, _because they would give greater Rents for the said Lands than the British were able to live upon_, and did prefer the Irish before the English, because they pretended they were more serviceable unto them, by which means, AND BY THEIR EXCESSIVE RAISING THE RENTS FROM FORTY SHILLINGS AND FIFTY SHILLINGS A BALLIBOE, UNTO TEN POUNDS, TWELVE POUNDS, AND TWENTY POUNDS AND THIRTY POUNDS A BALLIBOE, the English were and are much disheartened, and the natives do far exceed the British, etc.;’ 5th, Spoliation of the Plantation and fraud on the Crown by cutting down the woods _for merchandise_ instead of for Plantation purposes to the extent of one million oaks, two thousand elms, and two hundred thousand ash trees, of the value of £550,666 13s. 4d.” (pp. 21 and 22).

The King, however, accepted a fine of £12,000 with the surrender of all the grants.

Three years later the sentence of the Court was set aside by the House of Commons with the following resolutions:—

“Resolved that it is the opinion of this House that the Citizens of London were solicited and pressed to the Undertaking of the Plantation of Londonderry.

Resolved, that the Copy attested by Mr. Goad’s Hand is a true Copy of the Sentence given in the Star-Chamber against the Mayor and Commonalty of the City of London, and of the new plantation of Ulster in the Kingdom of Ireland.

Resolved, That the Order made in the Court of Star-Chamber, dated the eighth of March, in the eighth of Charles, is unlawful, both for the Matter, Persons, and Time therein prefixed.

Resolved, That this House is of Opinion that the King was not deceived in the grant which he made unto the Society of Governors and Assistants of London of the new Plantation of Ulster in the Kingdom of Ireland, in particular; nor in creating a new Corporation, called the Society of the Governors and Assistants of London of the new Plantation of Ulster in the Kingdom of Ireland.

Resolved, That this House is of Opinion that the King did not by that patent grant more Land than was by him intended to be granted, nor was he therein deceived.

That it doth not appear by sufficient Proof that the Citizens of London were tied to perform the printed Articles, and consequently not bound to plant with English and Scots, nor restrained from planting with Natives.

By the seven-and-twenty Articles, the City was to build two hundred Houses in Derry, and an hundred at Coleraine by the first Day of November 1611. Admitting that the Houses were not built, nor the Castle of Culmore repaired, by the time prefixed; yet this is no Crime, nor Cause for giving Damages, in regard the City had not that Patent until the nine-and-twentieth of March 1613.

That there is no Proof that the Governor, etc., of the new Plantation, or any of their Companies, did make any Lease unto any Popish Recusant, nor of any Decay of Religion there by default of the Planters.

There is no Proof of any Default in the Planters for not making a sufficient Number of Freeholders, nor any Articles that do tie them thereunto.

That there is no proof that the City of London, or the Governor of the new Plantations, have felled any trees in the Woods called Glancankin and Kellytrough, contrary to their covenant.

That the not conveying of Glebe Lands to the several Incumbents of the several Parish Churches, in regard their did enjoy the Lands, is no Crime punishable, nor cause of Seizure of their Lands.

That the Breach of Covenant (if any such were) is no sufficient Cause to forfeit the Lands.

That the Breach of Covenant is no Crime, but triable in ordinary Courts of Justice.

That the Court of Star-Chamber, while it stood as a Court, had no Power to examine Freehold nor Inheritance; nor had any Power to examine or determine Breach of Covenant or Trust.

That the Sentence upon these Corporations aggregate, no particular Person being guilty, it is against Law.

That in all the Proofs of this Cause there doth not appear Matter sufficient to convince the City of London of any Crime.

That, upon the whole Matter, the Sentence of the Star-Chamber was unlawful and unjust.

That this Composition and Agreement made with the City upon these Terms in the Time of Extremity ought not to bind the City.

That the Opinion of the House is, That they think fit, that both the Citizens of London, and those of the new Plantation, and all Under-Tenants, and all those put out of Possession by the Sequestration, or King’s Commissioners, shall be restored to the same State they were in before the Sentence in the Star-Chamber.

That the Citizens of London, and all they against whom the Judgement is given in the Scire Facias, shall be discharged of that Judgement.”

In 1650 Oliver Cromwell made a new grant of the estates to the City. In 1662 a great charter was granted by Charles II. This charter restored the Irish Society, with the same powers of management as had been granted in 1613 with all the former conditions and reservations. The management of these lands by a Committee in London, quite ignorant of the place and the people, and wholly dependent upon reports of their servants, presented difficulties and dangers which, to us, are obvious. But it was an age for creating companies and enterprises all governed by Committees from London, and some of them so well governed, that the plan seemed feasible and convenient for all companies. Ireland, however, was a more difficult country than Hudson’s Bay or East India.

{Transcription: VIEW _OF THE FRONT OF_ SIR PAUL PINDAR’S’ HOUSE _ON THE WEST SIDE OF_ BISHOPSGATE STREET WITHOUT

_This was formerly the Residence of_ Sir Paul Pindar, _an eminent London Merchant; Consul to Aleppo; Ambassador to Constantinople and a public Benefactor during the reign of King James the first._

_The Vignette exhibits part of the First Floor Cieling._}

The election of members of the Irish Society after this new charter became practically the appointment on the Board of representatives of the Companies concerned. There were two permanent and official members, the Governor of the Society and the Recorder of London; the other twenty-four were appointed by the Corporation. The Society became, therefore, quite naturally, the servant of the Companies, the responsibilities of the trust were forgotten or neglected, and the custom arose of dividing among the Companies whatever surplus remained after the management expenses had been paid.

The management of the estates by the Irish Society is a chapter which belongs rather to the history of Ulster than to that of London. The case against the Society is simply that, instead of exercising a trust for the benefit of the estates, they acted as landlords for the benefit of the Companies.

In the year 1830 the Corporation began to elect members of the Irish Society from the whole body of freemen. The first result was that the Companies lost the division of the surplus from the undivided estate. The Skinners’ Company brought an action in the Court of Chancery intended to force the Irish Society to become Trustees for the Companies of all the rents and profits of the undivided estate.

The case was decided against the Skinners; they appealed; again judgment went against them; they took the case up to the Lords. It was a third time given against them.

The judgment of Lord Langdale, Master of the Rolls, when the case came before him, contained the following strong opinions:—

“‘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 vested, in mere private Trustees for the benefit of particular undertakers. The powers indeed are, many of them, of a public and political nature, and ... were given for the public purposes of the Plantation.... The Companies of London were, with the burthen of undertaking the plantation of such lands as might be allotted to them, to receive such benefits as were offered to ... ordinary undertakers.... The Charter of Charles appears to me to be substantially, as it is avowedly, a restoration of the Charter of James. The property is part of that 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_. I AM OF 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 LONDON, AND WERE INTENDED BY THE CROWN TO BENEFIT IRELAND, AND THE CITY OF LONDON, BY CONNECTING THE CITY OF LONDONDERRY AND THE TOWN OF COLERAINE AND A CONSIDERABLE IRISH DISTRICT WITH THE CITY OF LONDON, AND TO PROMOTE THE GENERAL PURPOSES 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’” (pp. 44, 45).

Since this decision the Irish Society has remained untouched. After the Report of the Royal Commission of Inquiry into the Livery Companies of London, a Bill was prepared on lines indicated by this Report, but the Bill did not pass into law.

THE GREAT PLAGUE AND FIRE