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
“We know that the right or claim of the Donegall family to the
several fishery of the whole of Lough Neagh had been asserted openly,
and had been the subject of a litigation which lasted for thirty
years.... Such a judgment ... is entitled to the utmost weight, and
better evidence of possession than any old lease can be.”
Thus the Donegalls were depicted as boldly flinging their Patent in
the face of the world, and daring all comers to deny its validity
in 1788. The truth was that they challenged an English Corporation,
disabled from asserting any right in Lough Neagh, as to its mode of
fishing in the Bann, and in doing so took care to avoid raising any
question of title which would bring their Patent into discredit.
For an Ulsterman, Lord Macnaghten showed slight acquaintance with
the history of his Province. When he came to deal with May’s lease
he said it described the Bann “as being in the County of Tyrone as
well as in Antrim and Londonderry; and I suppose the Bann was never
in Tyrone since the days of the Flood.” Every Ulster peasant knows
that until the Planters carved up O’Neill’s dominions the Bann always
ran through “Tyrone.” The county now called “Londonderry” formed part
of “Tyrone,” and was only shorn from it in Stuart times after Derry
was allotted to the Londoners. Moreover, the Londoners’ Charter,
lodged in evidence before Lord Macnaghten, described the Bann in the
King’s name as being in “Tyrone,” in the same way as did May’s lease.
His geographical scorn reveals the extent of his knowledge of the
period he was discussing when trying to overturn the decision of his
predecessors—Lords Cairns, Hatherley, Blackburne, and Watson—in 1878.
The “old lease,” the importance of which Lord Macnaghten diminished,
was denounced by Lord Shaw as a forgery. Lord Robson agreed with
him in this. Its history lay within testable times, whereas little
was known of the Patents beyond what appeared on their face. Lord
Macnaghten and Lord Dunedin, while acknowledging that erasures
disfigured “that unhappy document” (as the former dubbed it),
and that interlineations had been inserted, treated these as
innocent. The tell-tale Memorial signed by Lord Donegall, and the
contradictions and variances between it and the lease, were passed
over in silence. It might have been expected that eminent lawyers
would regard it as more important to uphold the title to property
depending on registration in Ireland, Middlesex, and Yorkshire than
to throw doubt on its processes in order to buttress questionable
Patents.
Unless it should become part of public policy to discredit the
registration of title, both in England and Ireland, it seems probable
that the attitude of Lord Shaw and Lord Robson in viewing May’s lease
as a forgery will ultimately be regarded as the safer conclusion by
property-holders.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account