CHAPTER XXVIII.

THE FINAL FORGERY.

Apart from the mis-statements of the archivist, the absence of

information which has since become available told heavily for the

disputed Patents.

Although the King’s Letter to Thomas Irelande only authorised a gift

to the value of £100 a year, the Courts were not advised that it

had been drawn upon by a previous grant. Before 1606, if not then

sterile, its fecundity had been much diminished. Yet the Patent of

1606 gave away a million’s worth of property besides the fisheries.

The improbability of James I.’s consenting to this devastation of

Crown estate would naturally attract suspicion as to the genuineness

of the grant, had attention been called to its sweeping nature.

Even if the tapster at the “Half-Moon” had presented the Crown with

£1,678 6s. 8d., the likelihood of royal sanction for a grossly

excessive requital was slight. “New lamps for old” may be given away

in Aladdin-land; but in the England of James I. it was inconceivable

that his Majesty would consent to so reward such a payment. In any

case it was incredible that he would allow his subordinates to part

with a million on a warrant for £100, with leagues of river and

square miles of lake flung in as a “tilla” or “hors d’œuvre.”

The Courts were unaware of the extent of the Patent; and though, in

one sense, the rest of its contents did not touch the question of the

fisheries, its magnitude bore strongly on the question of a genuine

emanation of the Royal will. The same challenge to the realities

arose under the hasty conveyance of the plunder by Hamilton to

Chichester, for which no honest explanation could exist. Again, its

stowage away and muffling up in the bogus Patent to Bassett spoke

shrilly of illegality, but as to all this no warning hint came from

any expert to guide his Majesty’s Judges.

Chichester’s freak surrender before Archbishop Jones, and Allen’s

misconduct in fathering the Inquisition of 1621 in the teeth of his

Derry verdict, may be said to have been concerned with the Bann

alone. Still the grant of Lough Neagh was so intimately linked with

the river that any tribunal would have felt itself assisted by a full

disclosure of facts where questions of good faith and probabilities

had to be determined. An artificial darkness as to the origin and

bearing of the Patents prevailed, and in such murkiness the law

pronounced on their authenticity. Shade shaded shadiness.

This obscurity tended indirectly to the acceptance of another forlorn

document concerning the modern history of the fisheries. The lease

to May, which the House of Lords in 1878 was denied sight of, was

at last put in evidence, and its value had to be appraised. When

produced, the woeful spectacle it presented explained the reluctance

to allow it to be examined at the trial in 1874.

Erasures, in which battalions of interlineations lay entrenched,

pitted the parchment; and its plight spoke plainly of felonious

mutilation. Who had been at work to change it, and to what purpose?

The author of the forgery was long dead, but the extent and nature

of his operations could easily be traced. No sleuth hound was needed

to follow the track. The original lease had been registered in the

Dublin Registry of Deeds in 1805, and a “Memorial” of its contents,

signed by Lord Donegall, was lodged there. Such Memorials must (by

Statute) contain the description of premises in the exact words of

the deed presented for registration, and this one had been framed

on Lord Donegall’s behalf by his solicitor and was signed by his

lordship with his own hand.

Registry officials only receive and file Memorials when, by a

comparison with the originals, they are satisfied that the law has

been complied with. When, therefore, the so-called “lease to May”

was produced in 1908 its challengers straightway resorted to and

compared it with Lord Donegall’s Memorial. A glance at the “Memorial”

established that there had been foul play as to the lease. It showed

that what had been registered in 1805 was a lease of the Bann only

and of a salmon fishery therein, while the so-called “original”

granted “the salmon, trout, and scale fisheries of Lough Neagh and

the River Bann.” This laidly “fakement” explained the secret of the

non-production of the lease in 1874-8. A forgery had been committed,

and those who then had its custody felt too conscience-stricken to

attempt to make it evidence.

Other differences also exposed its falsity. One of the most

extraordinary was the contrast between the “Lease” and the “Memorial”

as to the mode of witnessing Lord Donegall’s signature. Two witnesses

attested the “lease,” whereas the “Memorial” showed there had

been three to the original. The same three persons attested Lord

Donegall’s signature to the “Memorial” itself. Had the case been

reversed, and if the names of three witnesses figured on the “lease”

while only two appeared on the “Memorial,” the absence of a name

from the latter might be explained by carelessness or mischance. No

such excuse could account for the disappearance of a signature from

an “original” and its presence in a secondary document. Only one

conclusion from such a variance seemed possible, yet the plaintiffs

insisted that the “Memorial” was unreliable, and the piebald

parchment genuine.

No Memorial had ever before been discredited in the centuries since

registration was established. The title to millions’ worth of

property, not only in Ireland but in wealthy Middlesex and vast

Yorkshire, depends on their trustworthiness. The manner of their

preparation and lodgment, as a system of verification of the contents

of deeds, is one prescribed by Statute to prevent fraud, or to detect

it if committed. Lord Donegall’s “Memorial” branded the so-called

“original” as a counterfeit. That was the function which the law

assigned to it, and it fulfilled its duty. Still the imputation of

forgery was too rude and uncourtly for the 20th century. A theory of

inadvertence and mistake was preferred. “Forgery” is a hard saying,

and any suggestion to explain it away attracts an honest mind. So the

“Memorial” was held to be inconclusive, and the counterfeit genuine,

by Mr. Justice Ross.

Fortunately for the repute of registration, research brought

afterwards to light collateral proof of its reliability. On the day

Lord Donegall executed the lease in dispute he also gave May a second

lease relating to a quarry. Both were registered on the same day and

by the same officials in Dublin. The “Memorial” of the quarry lease

showed there were three witnesses to Lord Donegall’s signature, and

that these were the same three persons who attested the fishery lease

and its “Memorial.” Thus the witnessing trio were certified to be

the same in the case of two leases and two “Memorials”—whereas the

document relied on by the plaintiffs bore the signatures of only two

witnesses. An independent and collateral registration, therefore,

corroborated the “Memorial” of the fishery lease in a vital respect.

To cast discredit on it in order to bolster up the decrepit Patents

of the Donegalls was an ill tribute to the system on which so much

property rests.

The judgment of the Court, however, turned mainly on the “additional

records” prior to the reign of Charles II. which have already been

analysed. Rightly regarded, every one of them multiplied discredit on

the Donegall title, but proofs had not then accumulated that official

frauds were palmed off as Royal grants, and instruments of crime as

genuine acts of kingly power. It is, therefore, hardly to be wondered

at that parchments of apparently reputable origin should sway a

Court guided by the reticences of an archivist—the main of whose

history and compilations met with no contradiction. So judgment went

against the fishermen and an end was decreed to public right in Lough

Neagh A.D. 1908.

An appeal was taken, and was heard in the same year. The chief

deliverance of the Appellate Court was made by Lord Justice Holmes,

who, too, had been captured by the “additional records.” He

said:—“Having some experience of Ulster titles, I have been surprised

to find that of King Charles II. to the fisheries of Lough Neagh

and the Bann at the date of the Patent of 1661 so satisfactorily

supported by earlier instruments.” If they be “satisfactory,” then

what must other “Ulster titles” be like?

Lord Justice Fitzgibbon remarked:—“I cannot believe that all the

documents of title in the case rest upon usurpation or pretence.”

This Court also decided against the possibility of public rights

of fishing in Irish inland waters, because no such rights exist in

England. The Irish Fishery Act of 1842, however, recognises that “a

general public right of fishing” may exist in fresh water, but its

provisions went for naught, as Lord Chancellor Walker explained that

this was a “misapprehension as to the law” on the part of Parliament.

In other words, mere enactments may be ignored. The history of the

Statute thus slighted shows that, instead of its words being a

“misapprehension as to the law,” they were the considered language

of the strongest and most representative Select Committee that ever

dealt with an Irish measure.

The Bill was discussed by a Committee of 27 members, including

lawyers like Daniel O’Connell and Lalor Sheil, as well as the

Solicitor-General for Ireland and the Chief Secretary. The landed

gentry manned the panel, and the ancestors of peers like Lord

Leitrim, Lord Newry, Lord Downshire, Lord Stuart de Decies, Lord

Fermoy, and Lord Dunraven, served upon it, with several members from

Ulster counties, and one from the City of London.

The Bill repealed all previous Fishery Acts, and, as introduced

by the Government, contained no recognition of a public right of

fishing, because the English Acts contain none. To this O’Connell’s

Committee demurred, and a clause was unanimously inserted overriding

the English principle and admitting the existence of public right in

Ireland. By decisive words solemnly agreed to, a vital difference

was established in the fishery law of the two countries. Confronted

by this fact, the Lord Chancellor of a Home Rule Ministry in 1908

overcame its force by laying down that “There was a misapprehension

as to the law” in the minds of the law-makers who framed the

enactment. Apparently, therefore, when the Imperial Parliament is

persuaded to legislate for special Irish conditions, and declines to

saddle Ireland with English usages, it “misapprehends the law.”

The great fraud of Ulster · 第 28 / 29 章