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
So far three Peers agreed with the Irish Courts and three declared
for the fishermen. The seventh member of the tribunal, Lord
Ashbourne, steered a middle course. He avoided discussing the forged
lease, and pronounced against restraining public right in Lough Neagh
as a whole, but wished to confine the injunction to the northern
part. This forced the Lord Chancellor to say that the sole question
before the House was whether the entire lough, or none of it, vested
in private hands.
Lord Ashbourne was reminded that he must declare himself “content”
or “non-content” when that question was put; and, so entreated, he
reluctantly sided with the Plaintiffs. He added a plea that costs
should not be awarded against the fishermen; but the other six Peers,
thitherto equally divided, were united in the determination that
his vote must carry its logical consequences. Accordingly, by one
quavering voice, the appeal stood dismissed, and the felonies of
three centuries were held law-worthy.
The perfume of legality now sweetens the memory of the deeds of
John Wakeman, Thomas Irelande, James Hamilton, Auditor Ware, Arthur
Bassett, Arthur Chichester, Henry Cromwell, John Clotworthy, and Lord
Donegall. Ermined innocence has arisen to bless their works. Spirits
of grace garland their graves with wreaths of equity. In other
words, the children of the clansmen, whose rights Brehon justice
guarded for a thousand years, have fallen among thieves.
When another national possession, the Curragh of Kildare, was
subtracted from the people, the excuse of State policy was advanced,
and Statute was obtained. Guile and wile sufficed to take in Lough
Neagh. Public playgrounds are rare. Hence doth wisdom (lacking other
present resource) lay up the ancient counsel:—
“Let these things be written for another generation.”
APPENDIX.
TRANSLATION OF THE COMMISSION SIGNED BY CHICHESTER, 26TH JUNE,
1605, ON WHICH INQUISITIONS WERE HELD AT ARDQUIN, CO. DOWN, 4TH
JULY, 1605, AND AT ANTRIM, 12TH JULY, 1605:—
Public-domain text, read in full here on John Shaqi.
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