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.