The great fraud of UlsterHealy, T. M. (Timothy Michael)
History
The great fraud of Ulster
Healy, T. M. (Timothy Michael)
Ireland -- History -- 17th century; Ulster (Northern Ireland and Ireland) -- History
Four dates slay this speculation—as dates often ambush the
adventurous. Chichester gave himself the grant of the fisheries for
life with the title of Admiral on the 9th May, 1604. The Patent to
Hamilton of Lough Neagh and the Bann was of 14th February, 1606.
Hugh O’Neill did not go into exile until the 14th September, 1607.
The escheat of his property was not declared until 1615, and for
three centuries afterwards no one ever conjectured that his estate
included Lough Neagh. Its boundaries in the Earl’s Patent from James
I. and in that of his grandfather from Henry VIII. prove that it did
not do so. Con O’Neill made his surrender to Henry VIII., and took
his regrant for “Tyrone” in 1542. Con MacNeale Oge O’Neill made his
surrender for Castlereagh (or Claneboy) to Queen Elizabeth in 1587,
and took a regrant. In the Patents given in exchange, the Crown
nowhere pretends to convey or deal with Lough Neagh. Its shores
bounded the O’Neill patrimonies, and no other Chiefs ruled beside
them. Consequently, no “forfeitures” from any O’Neill can have
vested its waters in the Crown. Nor can anyone except the O’Neills
be suggested as owners from whom the Crown could have derived. The
Act of Elizabeth attainting Shane O’Neill in 1569 does not help the
argument.
The territory of the Claneboy O’Neills was granted to Hamilton three
months before he received the Patent of Lough Neagh, which was
conveyed by the alchemy of the Thomas Irelande “Letter,” and not by
that authorising the stripping of Sir Con O’Neill. This alone refutes
the “forfeiture” theory.
Lord Macnaghten rested himself on a different basis. Misled by the
archivist’s failure to mention the Patent under which Chichester
first took over the fisheries, and without knowledge of the effect of
the Commission under which the Antrim inquisition was authorised, he
ventured the opinion that proof was afforded of Royal ownership by
that inquisition.
Quoth he:—“There is an inquisition which finds that Queen Elizabeth
was entitled to one-half of Lough Neagh. ‘How can you claim the
whole’? it was said, ‘when her Majesty did not pretend to more than
one-half’? Lord Justice Fitzgibbon cut the knot by saying that
‘medietas’ does not mean ‘one-half.’ There I think his lordship is
wrong, but it is the only mistake—if it be a mistake—that the Lord
Justice has made. It seems to me that the difficulty may be solved
by a glance at any map which shows the boundaries of the counties
bordering on Lough Neagh. The inquisition was an Antrim inquisition.
The jurors could only deal with her Majesty’s possessions in Antrim,
and the fact is that half of Lough Neagh, and no more, does lie
within County Antrim. The inquisition itself refers to an inquisition
taken in County Down only eight days before. Probably there were
other inquisitions dealing with the rest of Lough Neagh.”
Public-domain text, read in full here on John Shaqi.
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