THE LORDS DIVIDED.
In 1910 the fishermen appealed to the House of Lords. After a week’s
debate that tribunal stood equally divided, and a second hearing
was ordered. The arguments were renewed before seven peers, but the
misdeeds of the Hamiltons, Chichesters, Clotworthys, and Donegalls
were then unknown. Still their Patents so little impressed Lord
Chancellor Loreburn, Lord Shaw, and Lord Robson that they refused to
allow them to prevail against ancient user.
In England and Scotland, neither Thames nor Tweed, Lake Windermere
nor Loch Lomond, is an appanage of royalty. The frontagers who own
the banks enjoy therewith the “bed and soil,” which is nowhere a
“flower of the Crown.” To enforce a contrary rule in Ireland strong
reasons should appear. Nevertheless, the Patents, in the light
presented by the archivist, satisfied Lords Halsbury, Macnaghten, and
Dunedin. They not unnaturally assumed that such grants would not have
been issued without the King’s sanction, nor unless the Crown owned
everything they gave away.
How James I. acquired the fisheries they could not explain, and Lord
Dunedin admitted this frankly:—“It is impossible to point to any
forfeiture which identified the Lough. Yet it was obviously very
probable that it was included in the various territories forfeited to
the Crown in the time of the O’Neills.”
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.”
This was a hopelessly mistaken deliverance. The Inquisition was an
“Antrim Inquisition,” but the Commission for it extended to Down as
well. It first sat at Ardwhin (recté Ardquin), where no reference to
the fisheries was made. Moreover, the Antrim Inquisition does not
find that “Queen Elizabeth was entitled to one-half of Lough Neagh.”
The translation by the “archivist” was:—
“All that moiety of the pool of Lough Neagh which lies towards the
east parcel of Claneboy aforesaid in the county aforesaid.”
This was merely a finding as to the half of a “pool” lying in the
district to which the jurors were confined, and not one for half
Lough Neagh.
The Record Office translation published years before the litigation,
the work of a brilliant scholar, does not even employ the word
“one-half.” Whatever be the meaning of “medietas,” it is in this
“return” confined to something in Claneboy. Dr. Smith’s Latin
dictionary gives for its equivalent “the mean,” and states it is “a
word doubtfully coined by Cicero from the Greek.”
In enlarging the scope of the Antrim Inquisition beyond Claneboy Lord
Macnaghten displayed much intrepidity. His conjecture that “Probably
there were other inquisitions dealing with the rest of the lough” is
still more rash. No trace of them exists, and none ever existed.
The confiscators took the utmost care to preserve all writings
which could warrant their possession. Chichester ordered the Antrim
inquisition, not to help Hamilton, but to block him. They were then
rivals, if not enemies. When they became allies soon afterwards no
Crown title existed to justify Hamilton’s Patent for Lough Neagh
and the Bann. Every stretch of the river was in legitimate private
ownership under English law, save the monastery reaches. The Lough
lay in no man’s private wallet—as was then notorious.
Never before was “fancy” History invented to decide the fate of real
property in the House of Lords.
Preferable, indeed, is the title invented by the ex-monk, Miler
Magrath, who, when converted into a Protestant Archbishop of Cashel,
was got to visit London in Elizabeth’s reign, and in a “book set
down in writing by her Majesty’s express commandment” declared in
1592:—“It is holden for an opinion in Ireland that her Majesty hath
special right and interest in all principal rivers, loughs, lakes and
great waters, in all islands and commodities contained upon them.”
Miler, however, added a doubt:—“If this opinion be true ... I am not
sure of it.” From that day to the present no one else has been able
to invent a better title for the Crown to grant away Lough Neagh.
Lord Macnaghten was deeply impressed by the litigation in the Irish
House of Lords. He quoted Lord Clare’s account of his going to Armagh
when Attorney-General to dispute Lord Donegall’s title (omitting his
error as to the Act of Settlement) and declared:—
“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.
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:—
James by the grace of God of England Scotland France and Ireland
king Defender of the faith &c. To our beloved and faithful Nicholas
Kerdiff esquire Serjeant at Law of our kingdom of Ireland aforesaid
Charles Calthrop knight our Attorney General of our kingdom aforesaid
William Parsons esquire our Surveyor General of our kingdom of
Ireland Nicholas Kenney esquire our Escheator general of our kingdom
aforesaid John Dalway esquire Robert Barnewell esquire and Laurence
Masterson gent greeting WHEREAS we by our letters signed with our
own hand and with our signet bearing date at Westminster the sixth
day of December in the second year of our reign of Great Britain
France and Ireland signified our royal will on the part of Thomas
Irelande of the city of London merchant that to him or his assigns we
should grant in farm so much of our manors castles lands tenements
and hereditaments in our kingdom of Ireland as should attain to the
annual value of one hundred pounds current money of England per
annum or thereabouts ... as should seem best to be granted to him
or his assigns in behalf of the said hundred pounds and WHEREAS by
other our letters by our hand bearing date the 16th day of April in
the third year of our reign of England France and Ireland and of
Scotland the thirty eighth we signified our pleasure on the part of
our servant James Hamilton ... all castles manors lands tenements
and hereditaments in the said country of Clandeboye and the Great
Ardes ... rents dues or customs of Ireland ..., especially confiding
in your fidelity prudence and foresight in transacting our business
... Nicholas Kerdiff Sir Charles Calthrop or William Parsons or
Nicholas Kenney we wish to be ... our commissioners ... or six five
four ... to inquire by the oaths of just and lawful men of the
several counties within the province of Ulster aforesaid as well
within liberties as without ... five four three or two of you in the
form aforesaid known or ... by whom the truth of the matter may be
better known or inquired of which ... Brian Fertagh O’Neale or either
of them in their life times or the life times of either of them
were possessed ... in English called “cuttings” in the country or
territory called the Upper Clandeboye and the Great Ardes ... and the
limits of the premises ... to you or six five four three or two of
you in form aforesaid ... or of either of them ... of Carrickfergus
in the province of Ulster aforesaid by ... ways means and ...
whatsoever ... and singular lands ... whatsoever ... the title
already or heretofore has been found and what ... which appertain or
belong to us or ought to belong or appertain to us by reason of any
attainder forfeiture or ... or concealed in the counties of Antrim
and Downe ... above reprise and of all and singular articles things
and circumstances ... and accordingly you or six five four three ...
aforesaid or six five four three or two of you in form aforesaid to
provide concerning all and singular the premises ... six five four
three or two of you in form aforesaid make and execute with effect so
that an Inquisition ... or six five four three or two of you in form
aforesaid ... or two of you in form aforesaid ... in the quinzaine
of St. Michael the Archangel next ensuing under your seals or the
seals of six five ... to be delivered ... all and singular Mayors
Sheriffs ... six five four three or two of you in form aforesaid in
the execution of the premises aforesaid.... Witness our Counsellor
Sir Arthur Chichester knight our deputy general of our kingdom of
Ireland at Dublin the 26th day of June in the third year of our reign
of England France and Ireland and of Scotland the thirty-eighth.
SUMMARY FROM 1894 REPORT OF RECORD OFFICE OF THE INQUISITION AT
ANTRIM.
Inquisition taken at Antrim, 12 July, 1605 (3° James I.), before
William Parsons, esq., surveyor general of Ireland, John Dalway,
esq., Robert Barnewell, esq., and Laurence Masterson, gent.; by
virtue of a commission under the great seal of Ireland.
Jurors: John Lugg, of Portmuck, Brian Ognive, of Larne, Hugh Magee,
of Ballindowne, Richard M’Jinkin, of Ballinlogh, Art ballagh O’Hary,
of Loughtoman, John or Shane Oge O’Hary, of Kells, Phelim duff
O’Hary, of same, Edmund O’Duffin, of same, Neale O’Duffin, of same,
Donat or Donogh M’Gloster, of Glanarme, Donel ballagh M’Gille, of
the Park, Alexander M’Randoll boy, of same, Art O’Hara, of Billy,
Richard M’Robert Carry, of Cross, and Cormac O’Mallon, of Killelagh,
gentlemen.
The Jurors say that Queen Elizabeth was seised as of fee, in right
of her crown of England, of all manors, castles, lands, and other
hereditaments in the lower part of the territory or country of
Claneboy, called Lower Clandeboy, in the county Antrim.
They say that Lower Clandeboy contains certain lesser parcels or
territories called tuoghs and oinaments, to wit: Tuoghnefuigh, &c.
The Jurors say that the bounds of the territory of Lower Clandeboy
are: towards the whole east side, the high sea; towards the south,
the bay of Knockfergus, the river Lagan to the ford of Garrifinbress,
thence by known bounds separating it from Killultagh to where the
little river Owen Camelin falls into Lough Eaugh or Sidney, as in an
inquisition taken at Ardwhin, co. Down, on 4 July, &c., &c.
[Here follow four-and-a-half printed pages of description of Sir Con
O’Neil’s lands.]
The Jurors further say that Bryan boy O’Maghallow, prior of the late
house of regular canons of Muckmaire, at the time of its dissolution,
was seised of the site of the priory and eight townlands, &c.
The prior was also seised of a free fishing of salmon, eels, and
other fishes in all waters within these townlands; of land called
Broaghnenaw on the north bank of Owen Neview; of an old fort called
Dunoare near Lough Eaugh; of land called Cloyenne Corp on the south
bank of Bealagh Negalvon; of land called Leighballi Islan bane in
Tuogh Moylinny near Ramoore of the tithes of the premises; of the
churches or impropriate rectories of Killede or Killelagh with the
presentation of the vicar (who receives two thirds of the tithes and
altarages), Emogall with the presentation of the vicar similarly
endowed, Carnemeve (except the third of the tithes for the curate);
and of the chapels of Reeltin, Duogh in Moylinny, Sillwoodan in
Tuogh Munter Rividy (with the tithes of, &c.), in which chapels the
prior was bound to maintain a curate; and of the chapel or rectory
of Whitekirk in Iland Maghy with tithes (except a third allotted to
the curate), the chapel of Ballimeighan with tithes (except a third
allotted to the curate), and two parts of the tithes and altarages
of Magherisergan in the Rowt, and Killgarne in the Larne. And of an
old religious house called the Friary of Masserine and the townland
of Ballydonogh in Ederdaowen belonging to it, and of 30 a. of land
belonging to it, and in occupation of the garrison there. There
is on the land of the priory an old Castle called Cloganmabree or
Castlemouybray almost overthrown. Queen Elizabeth was seised of the
dissolved priory and possessions, which are worth yearly 51s.
Queen Elizabeth was also seised of all fishings of salmon, eels,
and other fishes on Lough Eaugh towards Claneboy, and old eel wears
on the river Bann near Castle[Toome] and of a free fishing of eels,
salmon, and other fish in the same river; worth yearly 13s. 4d.
The Queen, by English Patent dated 16 Nov., 13th year, in pursuance
of Indentures 5 Oct., 13th, between the Queen and sir Thomas Smith
and Thomas Smith his son, gave such of the premises as lie south of
CastleBelfast, CastleMoubray, and CastleToome, and the Monastery
of Masserine together with great Arde and little Arde, as part of
the earldom of Ulster, to sir Thomas Smith and Thomas Smith, for
ever, under certain conditions as to the conquest of the land, its
settlement with Englishmen, and the furnishing of armed men to
hostings. [The Letters Patent, and Indenture are set out verbatim.]
The Jurors say that Thomas Smith the son on the 12th Oct., 1572, came
to Ulster with a few Englishmen but did not repress the Irish rebels,
nor plant or people the country, nor bring the armed men to general
hostings as required.
The prior of the hospital of S. John of Jerusalem at the time of
the dissolution was seised of the rectories of Moyuliske in Tuogh
Moylinny, &c.
Gilleragh McOownagh, abbot of the house of canons regular of S.
Augustin of Woodburne or Goodburne, was at the dissolution of the
abbey seised of the site of the abbey and 15 acres adjoining; and of
the rectory of Entroia or Antrim, &c. The premises are worth yearly
15s. Irish.
Murtha McAmullon, abbot of the house of regular canons of the order
of S. Augustin of the Blessed Mary of Desert or Kells, co. Antrim,
at its dissolution, was seised of the impropriate rectories of Dough
Connor, &c. Worth 15s. Irish.
Shane O’Boyle, prior of the house of friars, preachers of the order
of S. Dominic of Colrane, at the time of dissolution, was seised of
the site of the priory, and four townlands and a half, named, &c.;
and a fishery in the Bann for one day in each year (Monday after the
nativity of S. John the Baptist), receiving all fish caught in the
river on that day; also one salmon on every day during the fishing
season from each fisherman. The premises are worth yearly 40s. Irish.
Gerald Missett, provost or master, in Irish called oughteran of the
house of friars of the third order of S. Francis, of Inver, on the
1 Feb. 32° Hen. VIII. was seised of the site of the house, and the
townlands called Garrimore and Ballygrenlawy in Tuoghlarne, &c. Worth
yearly 6s. 8d. Irish.
Moriertagh M’Cann, abbot of the abbey of regular canons of S.
Augustin of Ardmagh, co. Ardmagh, at its dissolution, was seised of
land or territory called the Grange, &c. Worth yearly 8s. Irish.
The abbot of the abbey of monks of the order of S. Benedict called
Black Abbey, co. Down, at its dissolution, was seised of the
impropriate rectory of Dirreraghie, &c. Worth yearly 5s. Irish.
William O’Dorman, late abbot of the house of canons of S. Augustin of
Bangor, co. Downe, at its dissolution was seised, &c. Worth 13s. 4d.
To the preceptory of S. John of Ardes, co. Down, belonged a grange,
&c. Worth 5s. Irish.
James M’Gwilmer, abbot of the house of regular canons of the order of
S. Augustin of Movilla, co. Down, at its dissolution was seised of
the impropriate rectory of Dromma, &c. Worth 6s. 8d. yearly.
John O’Mullegan, abbot of the Cistercian abbey of Cumber, co. Down,
at its dissolution, was seised of the chapel or grange called
Templenelafin in Island Magee, &c. Value yearly 3s. 4d. Irish.
The prior of Inch, co. Downe, at the dissolution of the priory,
was seised of the chapel of Langualattin in TuoghBraden Iland with
tithes, &c. Value yearly 10s. Irish.
The prior of S. Patrick of Downe, co. Downe, at the dissolution of
the priory, was seised of the rectory of Seinkill in Tuogh Cinnament,
&c. The premises are worth 20s. yearly.
All the premises belong to King James as well in right of his crown
as by reason of the force and intention of divers statutes, &c.
INDEX.
Act of Explanation (1665), 126, 142-146.
Act of Settlement (1662), 126, 132, 134, 142, 157-160, 181.
“Admiral” of Lough Neagh, 13-18, 29, 112, 166-7.
Allen, S., Escheator, 89-91, 111, 113, 171-3.
American Revolution, 150-3.
Annesley, Sir F., 90-9, 105.
Antrim, Co., 25, 28, 30, 32, 38, 54, 80, 114, 150-6, 167-8, 181.
Antrim Inquisition, 25-6, 67, 166-9, 180.
Archivist’s affidavit, 164-171.
Armagh Co., 36, 50, 153-158, 181.
Armagh trial (1788), 155.
Ardes, Great, 21, 24, 25, 168.
Ashbourne, Lord, 183.
Bagenal, Marshal, 37.
Balfour, Sir James, 83-88, 94, 96, 111, 145.
Bann, River, 9-15, 29-46, 54-98, 109-147, 154-169, 171-182.
Bann, “fourth” of, 38, 55, 56, 57, 59, 60, 62, 63, 69, 70.
Barbadoes, 149.
Basil, Wm., Attorney-General, 121-131.
Bassett, Sir A., 58, 59, 60, 61, 63, 66, 88, 90, 112, 170, 173.
Belfast, 3, 10, 11, 15, 24, 49, 150-162.
Bingley, Sir John, 53.
Blundell, Sir F., 84, 85.
Bondmen and women, 149.
Bow Lane, 21, 23.
Boyle (see Earl of Cork).
Broghill, Lord (Boyle), 120, 124, 132, 144.
Bramhall, Bishop, 110, 114, 128-130.
Breda, declaration, 125, 132-5.
Brehons, the, 10, 15, 41, 45, 52, 53, 60, 66, 67, 73, 184.
Buckingham, Duke of, 84-8, 92-99, 102, 106, 141.
Cade, Jack, 100.
Cairns, Lord, 163, 182.
Carew, Sir Geo., 2, 3, 6, 7, 36, 58.
Carlow, Co., 30, 103.
Cary, Deputy, 17, 54, 58.
Carrickfergus, 3, 9, 11-20, 60-89, 105, 115, 116, 171
Carte’s Ormonde, 97.
Castle Chamber, 38, 57, 74.
Cavan, Co., 50, 51.
Cecil (Lord Salisbury), 2, 11, 12, 13, 24-82.
Charles I., 33, 53, 74, 95-149, 163.
Charles II., 114, 123-176.
Charters to Londoners, 65-86, 90-182.
Charter to Sir T. Smith, 9.
Chesterfield, Countess, 134.
Chichester, Sir Arthur, 2-148.
Lord Edward, 112, 114, 139.
Dame Lettice, 73.
Sir John, 27.
Claneboy, 9-21, 24, 25, 44, 98, 131, 168-9, 179, 180.
Lord, 18, 149.
Clancarty, estate, 148.
Clare, Lord (see John Fitzgibbon).
Clotworthy, Sir Hugh, 10, 118, 119.
John, 110-163.
Coke, Sir John, 163.
Coleraine, 28, 66, 89, 91, 121, 130, 155.
Commission, ecclesiastical, 65, 66.
for executing royal declaration, 142.
Antrim Inquisition, 24, 25, 30, 166-8.
as to O’Byrnes, 101-106.
for Defective Titles, 59, 61, 108-139.
for Chichester Patent, 88-9.
Common Law, 53, 70.
Connacht, 117.
Convention, Republican, 124, 132-3.
Cooke, Sir R., 7, 28-32, 78.
Coote, Sir C., 124, 125, 132, 144.
Cork, Earl of (Boyle), 7, 95, 96, 107-120.
Corporations, created, 77, 125.
Court of Claims, 134.
Cromwell, Henry, 120-2, 133, 142-4.
Oliver, 117-129, 133-160.
Crown lands, 2, 78, 133.
rental, 86.
Culmore, 48-9, 71-3.
Custodium of Belfast, 10, 20, 49.
of Culmore, 48, 73.
of Tyrone, 47.
Davies, Sir John, 6-149, 181.
Derry, Bishop of, 14, 38, 62, 67.
Derry, 36, 40, 48, 64, 68, 80, 81, 150, 153, 182.
Desmond, estates, 95, 96.
Devonshire, Earl of, 1-41, 59, 63, 99.
Discoverer, 19, 83, 86, 94, 96, 97, 111.
Docwra, Sir Henry, 9, 40, 104.
Donegal Co., 47.
Donegall, Lord, 112-163, 173-181.
Down, Co., 9, 25, 28, 30, 32, 80, 131, 150-3, 167-8.
Down and Connor, Bishop of, 14, 38.
Dublin Castle, 35, 38, 43, 82, 102-3, 113, 124, 147.
Dublin, Co., 32.
Corporation, 7.
Dunedin, Lord, 178, 182.
Embezzlement, 78, 82, 93.
Elizabeth, Queen, 1-52, 76, 98-110, 148, 168-181.
Essex, Earl of, 37.
Eustace, Chancellor, Lord, 126, 144.
Everard, Sir John, 78.
Exchequer, 2, 22, 23, 31, 61, 86, 89, 94, 96, 109, 111, 119.
Falkland, Lord, 94-110.
“Famous Paper,” The, 132-135.
Fermanagh, 37, 50.
Flight of the Earls, 44, 45, 46, 57, 62, 65, 76.
Fishery Act (1842), 176.
Fitzgibbon, Lord Justice, 176-9.
John, Earl of Clare, 156-181.
Forbes, Sir Arthur, 96, 97, 112, 124, 145.
Forged Lease, 173-5, 182-3.
Froude, J. A., 93, 150-1.
Fullerton, Sir James, 19, 20, 21.
Galway, Co., 32.
Gaelic place-names, 126.
Gaelic type, 52.
Godolphin, Sir Wm., 9, 31, 34, 41.
George III., 150-3.
Graham, Richard, Sir, 98-9, 100-5.
Thomas, 100.
William, Sir, 104.
Gunpowder Plot, 29.
Hadsor, Richard, 95-9.
“Half Moon” Inn, 21-8, 172.
Halifax, Earl of, 148.
Halsbury, Earl of, 178.
Hamilton, James, 18-33, 38-72, 83-112, 131, 140-181.
Hart, Captain, 48, 49.
Hatherley, Lord, 182.
Hearts of Steel, 151, 152.
Henry VIII., 4, 5, 7, 9, 30, 43, 44, 77, 168, 179.
Hibbotts, Sir Thomas, 7.
Hicks, Michael, 5.
Holmes, Lord Justice, 176.
House of Lords’ decision (1878), 163.
(1911), 178.
(Irish) (1795), 157.
Innishowen, Barony, 49, 65.
Inquisition at Antrim, 25, 30, 67, 98, 166, 169, 180, 181.
at Ardquin, 25, 180.
at Carrickfergus, 89, 90, 91, 111.
at Derry, 89, 90, 91, 111, 173.
at Imaal, 100.
at Limavady, 66, 98.
at Wicklow, 112.
Insurrection of 1641, 115, 134, 158.
Protestant, of 1770, 153.
Irelande, Thomas, 21-32, 58, 60, 86, 112, 167-179.
Irish Parliament, 76-8, 125-6, 156-9.
Society, 154-5, 160-1.
Island Magee Massacre, 115.
Jacob, Solicitor-General, 7, 42.
James I., 3-117, 142-169, 172-9.
James II., 127.
Jones, Archbishop, 26, 37, 60, 72, 73, 74, 90, 173.
Sir Roger, 104.
Kildare, 28, 184.
King, John, 5, 6, 7, 34, 58, 60.
King’s Letters, 3-59, 89-130, 145, 166-8, 172.
Kinsale, battle of, 33, 98.
Lagan, River, 11, 15, 27, 29, 30.
Lane, Sir R., 10, 11, 20, 49.
Laud, Archbishop, 33, 110, 119, 130, 133, 134.
Lawson, Judge, 163.
Lifford, Grand Jury, 48, 103.
Leitrim, Co., 96.
Limavady, 66, 67.
Loftus, Lord Chancellor, 104, 105, 107, 109.
London Corporation, 62, 64, 67, 72, 81, 113, 118, 122, 128, 130, 133,
137, 154.
Longford, Co., 96.
Lords Justices, Irish, 109, 144, 145, 147.
Loreburn, Lord Chancellor, 178, 183.
Lough Erne, 27, 37.
Lough Foyle, 27, 37, 46, 47, 48, 49, 65, 68, 71, 72, 73, 78.
Neagh, 9-15, 27-182.
MacDonnell, Sir Randal, 14, 27-71.
Sir James, 27.
Sorley, 28.
Macnaghten, Lord, 178-182.
Magrath, Miler, Archbishop, 51, 181.
Maguire, Lord, 37, 44, 97, 116, 119.
Conor Roe, 50.
Massereene, lands, 10, 118, 132.
Lord (see Clotworthy, Sir John).
May’s lease, 159-183.
Mayo, Co., 32.
Meath, 28, 32.
Mellifont Treaty, 41-54.
Memorial of lease, 173-183.
Mervyn, Sir Audley, 132-4.
Monasteries, 5, 7, 8, 32, 168-9.
Monaghan, Co., 36.
Monck, General, 125, 144.
Montgomery, Bishop, 20, 38-42, 62, 65, 131.
Sir Hugh, 20, 21, 29, 167.
Moore, Sir Garrett, 41, 44.
Mountjoy (see Devonshire).
Mountnorris, Lord, 105.
Nicholas, Secretary, 126, 130.
“Non-obstante” clause, 144.
Northampton, Earl of, 62.
O’Byrnes, Story of, 96-108.
O’Cahan, Sir Donal, 40-67, 100, 116, 148.
O’Connell, Daniel, 176, 177.
O’Dempsey, Sir Terence, 107.
O’Doherty, Sir Cahir, 2, 48, 49, 50, 65, 103, 116.
John, 27, 40, 48.
O’Donnell, Earl of Tirconnel, 1, 2, 18-46, 97, 116.
Nial Garve, 46, 47, 50.
Red Hugh, 2, 47.
Oglethorpe, Sir R., 109, 112, 145.
O’Hanlon, Sir Oghy, 50.
O’Neill, Brian Art, 48.
Con (the lame), 43, 44.
Con, Sir, 9, 11, 20-44, 86, 131, 167-9, 179.
Con, McNeal Oge, 179.
Cormac, Sir, 47, 50.
Daniel, Colonel, 131-5.
Henry, Sir, 135.
Hugh, 1-27, 33-66, 77, 97-116, 170-9.
Owen Roe, 48.
Shane, 37, 179.
Lord, 159.
of Claneboy, 19, 20, 179.
O’Reilly, Sir John, 50.
Ormonde, Duke of, 50, 82, 124, 126, 128, 137.
Palatinate, 92.
Palesmen, 37.
Parliament, Chichester’s, wages of, 79.
meeting of, 76, 77.
dissolved, 79.
at Restoration, 125.
Parsons, Sir Wm., 24, 25, 30, 67, 98, 100-104, 166-7, 169.
Paulett, Sir George, 48.
Pery, Lord, 157-8.
Phillips, Sir Thos., 27, 28, 38, 46, 55, 56, 62, 81.
Pirates, 75, 94.
Poland, 51.
Plantation of Ulster, 47, 57, 63-68, 73-80, 93, 99, 116, 117, 142,
182.
Planters’ character, 80.
Power, Sir Wm., 95-6, 111, 145.
Privy Council, 1-148.
Pym, John, 114, 118, 119.
Queen’s Co., 28-32.
Raleigh, Sir Walter, 77, 95.
Recusants, protest, 77.
Record Office, 15, 160, 164-5, 170, 180.
Registry of Deeds, 173.
Restoration of Charles II., 123, 125, 128, 134, 140.
Rich, Lady, 5, 12, 33, 34.
Richmond, Duke of, 99.
Ridgeway, Sir Thomas, 62.
Robson, Lord, 178, 182-3.
Roscommon, 30.
Ross, Mr. Justice, 165-6, 168, 175.
“Royal” fishing, 69, 89.
Savage, Sir A., 105, 107.
Scotch and Scotland, 3, 6, 18-57, 63, 80, 116, 128-9.
Seal, Great, 4, 14, 65, 73, 74, 91, 104, 131, 133, 146, 159.
Sequestration, 55, 57, 58, 62, 157-8.
Shaftesbury, Lord, 164.
Shakespeare, 34, 37.
Shaw, Lord, 178, 182-3.
Sweden, 50, 51.
Signet for patents, 4, 120-133.
Slaves, Irish, 148-149.
Smith, Sir Thos., 9, 19, 24, 148.
Sorley, Bwee, 28.
Southampton, Earl of, 34.
Spain and Spanish, 2, 18, 38, 102.
Spenser, Edmund, 53, 149.
Star Chamber, 56, 57, 69, 70, 71, 74, 83, 103, 107, 111, 112, 118.
Statute of Uses, 30, 111.
St. John, Sir Oliver, 7, 82-86, 92-101, 145.
St. Mary’s Abbey, 5, 7, 8, 19.
Strafford, Lord, 31, 108-146.
Surrenders, 72, 86, 90, 141.
Thurloe, John, 122-3.
Tower of London, 44-47, 75-7.
Trinity College, Dublin, 7, 164.
Toome, 27, 113, 169.
Tyrone, Co., 9, 36, 37, 40, 41, 43, 47, 150-3, 182.
Ussher, Archbishop, 105-7.
Villeins, 149.
Wakeman, John, 5, 6, 7, 21-34, 58, 60, 63, 94-112, 163.
Wales, 77.
Walker, Lord Chancellor, 176-7.
Wandesford, Deputy, 114, 115, 129, 138, 139, 145.
Ware, Auditor, 29, 31, 33, 58, 60.
Washington, 150.
Waterford Corporation, 95.
Wesley, John, 150-3.
Westmeath, Co., 32.
Weston, Nicholas, 46.
Wexford, Co., 32.
Whitehall, 33, 78, 125, 130-7, 140.
Wicklow Grand Jury, 105.
Inquisition, 112.
Co., 99, 100-3, 163.
Transcriber’s Notes
pg 43 Changed: it semed to them that
to: it seemed to them that
pg 74 Changed: Chichester’s serviters, most of whom were scoundrels
to: Chichester’s servitors, most of whom were scoundrels
pg 96 Changed: (ancester of Lord Granard)
to: (ancestor of Lord Granard)
pg 102 Changed: He owned too big a property be allowed to remain
to: He owned too big a property to be allowed to remain
pg 104 Changed: The recipients were Sir Willam Parsons
to: The recipients were Sir William Parsons
Errata and Additional Errata have been changed in text.