their oaths say and present, that the said dean of Derry is also seized in his demesne as of fee in his right of his said deanery of Derry, of and in the two quarters of land called Ballyowan, lying on the fouhen side, within the county of the city of Londonderry aforesaid, and of and in the two other quarters of land near adjoining; the one called Templequarter and Clonkey, and the other called Cooleronnogh, which the said jurors find to have been in the possession of the two former deans of Derry. And whereas the said lands are now in the possession of William M'Heggart, who was the last dean of Derry by the pope's authority, the said jurors do find upon their oaths that the said lands do not belong to him the said William as his inheritance, but that he continues the possession which he had formerly gotten in right of the said deanery: and further the said jurors do upon their oaths say, that the lord archbishop of Armagh, and his predecessors, in right of the said archbishoprick of Armagh, have, time out of mind, received and levied yearly out of the four balliboes of land of Clonie, and out of the fishings thereunto belonging, two marks per annum; and that the said lands and fishings were until fifty years since, or thereabouts, enjoyed by the sept of Neill Dorkloney, as inheritors or dowsagors of the said lands; but the said jurors do further present and say upon their oaths, that for the space of fifty years now last past, the said lands and fishings have been and yet are in the possession of the lord bishop of Derry for the time being, but by what right or title the said jurors do not know; moreover the said jurors do upon their oaths say and present, that the abbey or monastery of Columkill is situated in the said island of Derry, and that the parcels or quarters of land ensuing were parcels of the possessions of the said abbey; viz. one quarter of land called Corneshalgah, one other quarter of land called Gransholgilagh, now in the occupation of Walter Tallon; and one quarter of land called Lerusk, now in the occupation of captain John Vaughan; and one quarter of land called Ballynegardie, now in the possession of captain Henry Hart; and the half-quarters of Clonemore, now in the possession of Gillchrist O'Hegarty; and also one half-quarter of land called the Grange of Dirgebroe, in the foughan side, now in the possession of Patrick Read; and also one quarter of the land called Termonbacco, in the possession of sir Thomas Phillips; and also one half-quarter of land called Ballygam, in the occupation of George Norman; and also half-a-quarter of land called Ardnanshill, in the occupation of sir Ralf Bingly, knight, being parcel of the quarter-land of Cargan; and also one other quarter of land called Altoderry, parcel of the said Cargan; and also one quarter of land called Creevah, in the occupation of Dennis O'Derry; and also one other quarter of land called Ballywerry, in the occupation of Jno. Hetton; and also one other quarter called Mullenan, in the occupation of Jno. Woods; and also in half-a-quarter called Killeagh, in the occupation of Francis White and that all and singular the said quarters and parcels of land lately came to his majety's crown by the said act of dissolution

of monasteries. And further the said jurors do upon their oaths present and find, that on the north side of the said bog, near the island of Derry, are the ruins of the priorie or religious house of Begging Friars of St. Francis, late dissolved, with a churchyard containing three acres or thereabouts, to the said priorie or religious house appertaining and adjoining; and that the said priorie and church-yard, with the said three acres of land, came lately to the crown by the said statute of dissolution of monasteries. And further the said jurors do upon their oaths say and present, that there was a nunnery on the south side of the said city in the island of Derry, with a small garden or plot of ground, called Garnegallegah, and a quarter of land called Ballygalliegh, to the said nunnery belonging; and that the halfquarter of land called Rossnegalliah, lying on fouhanside, is parcel of the possessions of the said nunnery; and that the said nunnery, with the said garden and lands, came lately to the crown by the said act or statute of dissolution of monasteries. And further the said jurors do find and present upon their oaths, that in the said county of the city of Derry are the two several parishes, viz. the parish of Derry, wherein the said bishop of Derry is parson in right of his said bishoprick of Derry, and the dean of Derry is vicar in right of the deanery; and that all the tithes are paid in kind except the tithes of cows and calves, for which there is paid eight pence for a cow and calf; and that the one third part of the tithes here was always paid to the said lord bishop of Derry as parson, and one other third part to the said dean as vicar, and the other third part to the herenagh, out of which third he paid unto the bishop of Derry a yearly pension, and could not be put out of the said part of the said tithes for so long as he paid the said pension, but what the said pension was the said jurors know not; but now the lord bishop of Derry taketh up his own third part, and the herenagh's third part also. And that the charge of repairing and maintaining the parish church was borne by the said parson, vicar and herenagh equally, and also the parish of Glendermont, whereof the said dean of Derry is both parson and vicar in right of his deanery, who receiveth the tythes of the said parish, one third part of the tythes of Annaghony excepted, viz. eightpence for a cow and calf, and the rest in the specie as before; and that the said dean is to keep here a curate, to whom and here belongeth a small garden-plot of glebe. And the said jurors do further say and present upon their oaths, that the Annagh, wherein is a chappell of ease, is within the said parish of Glendermont, and not a parish of itself, but the third part of the tythes of Annagh belonged to the bishoprick of Derry. And further the said jurors do upon their oaths say and present, that sir Jno. O'Dogherty, knight, was about ten years since seized of the several parcels of land ensuing, viz. the half-quarter of Mashmellon, the half-quarter of Costgueyne, the half-quarter of Bonymaine, the quarter of Elaghmore, and the castle standing thereon, the quarter of Donervie, the quarter of Cregg, the quarter of Ballyarnett, the quarter of Ballymagortie, and the half

quarter of Lulliarden, with the fishing of Culmore, by virtue of letters patent thereof made unto him, and that the said sir John Dogherty being so seized, did then enter into actual rebellion against the late queen Elizabeth, contrary to the conditions and provisoes contained in the said letters patents, and that by reason thereof, the said letters patents became void; and the said castle lands and fishings thereupon came and were invested in real and actual possession of the crown. And further the said jurors do upon their oaths say and present, that sir Cahir Ďogherty, knight, was about the nineteenth day of April, anno dom. one thousand six hundred and eight, seized of the said castle lands and fishings, with the appurtenances, the said quarter of Bally arnett, the half quarter of Laghardin on which the castle of Culmore is built, together with three hundred acres of land to the said castle allotted and appertaining, only excepted by virtue of letters patents thereof made to the said sir Cahir O'Dogherty and to the heirs males of his body, and that the said sir Cahir O'Dogherty being so seized, did in and upon the twentieth day of April, in the year of our Lord 1608, enter into open and actual rebellion against his majesty, contrary to the conditions and provisions contained in his letters patents made unto him as afore said; and that by reason thereof the said letters patents became and are void, and the lands and fishings therein contained were and yet are invested in the real and actual possession of the crown, for the further certainty of all which matters the said jurors refer themselves to the said several letters patents: and further the said jurors do upon their oaths say and present, that the said sir Cahir O'Dogherty was at the time of the said entering into rebellion, seized in his demesne as of fee, of and in the quarter of land called Ballyarnett, with the appurtenances, by conveyance from captain William Sidney, and that by force thereof the said quarter of land called Ballyarnett is now in the actual and real possession of his majesty and further the said jurors do upon their oaths find and present, that the ancient and known mears of the country of Inishowen, alias O'Dogherty's country, to the south and south-west, are and have been time out of mind as followeth, viz. from the port or branch of Loughswilly, on the west and south-west part of Birt, through the middle of a bog which extendeth to Loghlappan, and so through the midst of the lough, and so along the midst of a small river falling into Loughlappan from a well or spring upon Mullaghknockemona, and from the top of that mountain the mear extendeth through a small bog which runneth along the top of the hill of Ardnomohill, and so to the top of the hill of Knockenagh, upon the east part of which hill ariseth the stream of Alt Ballymac Rowertie, which runneth a mear between Ballymac Rowertie Enishowen, and part of the lands of Derry and Garrowgart, to the cawsy under Elagh, and so down through the bog to Loughswilly, and from the aforesaid cawsy the mear of Enishowen aforesaid, is through the midst of the bog to Loughfoyle: and further the said jurors do upon their oaths find and present, that the ground and

Ca

land whereon the old castle called O'Donnall's castle was built, within the lower part of the city of Derry, was formerly bought by O'Donell of the herenagh Laghlinagh, as being parcel of his herenagh land for twenty cows; and the said castle was built thereupon by O'Dogherty for O'Donnall's use, in consideration whereof O'Donall forgave O'Dogherty certain duties; and that the said castle and ground thereof is now come to his majesty's hands and possession by the attainder of treason of Hugh Ro O'Donnall: and further the said jurors do upon their oaths find and present, that Nicholas Weston, of Dublin, alderman, is and for the space of four years last past or thereabouts, hath been in possession of the several parcels of lands and fishings ensuing; viz. the four quarters of land of Dowle, one quarter of land called Medowne, and one quarter of land called Koelekeragh, with the fishing of the fouchan, and other small fishings thereunto belonging; and that the said Nicholas claims the said lands and fishings by conveyance from sir Donogh O'Cahan, unto which conveyance the said jurors do herein refer themselves; but whether it be good in law or no the said jurors know not; and further the said jurors do upon their oaths present and say, that all the lands, tenements, and hereditaments, lying within the county of the city of Derry, on the south-east side of the river of Loughfoyle, the land and hereditaments above mentioned to belong to any abbot, monasteries, or religious houses excepted, are lately come to his majesty's possession by force of the attainder of Shane O'Neale, made in the eleventh year of the reign of the late queen Elizabeth and lastly, touching the several names of herenagh, termon and corbe, the said jurors do upon their oaths find and present, that all termon and herenagh lands within the said county, was at the first given by Collumkill and the succeeding abbots unto the several septs, before any bishops were known in this country, and the said lands were free, and had the privileges of sanctuary and other liberties, and were enjoyed by the sept in course of gavelkind. In witness whereof, as well the said commissioners as also the said jurors, have unto this part of this inquisition remaining with the said commissioners, set to their seals the day and year first above written. Arthur Chichester, H. Armaghanus, Geo. Deriens, Thomas Ridgway, H. Winch, Jno. Davis, William Parsons.

Delivered into the Chancery of Ireland, the 6th Jan. 7 James.

Note.-Copies of five inquisitions in Latin, taken in or about the year 1610, and of one in English taken in 1620, relating to ecclesiastical property, and the fishings, &c. appear among the records of the Irish Society, but they are much damaged by fire.

NARRATIVE

OF

THE FISHERY CAUSE

LATELY DEPENDING BETWEEN THE SOCIETY AND THE MARQUIS OF DONEGAL, AND STATEMENT OF THE SOCIETY'S TITLE TO THEIR FISHINGS; WITH THE OPINION OF THE LATE SIR SAMUEL ROMILLY.

BY DAVID BABINGTON, Esq.

LAW AGENT TO THE SOCIETY.

SIR,

I HAVE had the honour of receiving a letter from you, as Secretary to the Honorable the Irish Society, mentioning their wish that I should furnish them with a statement of the case, and of the proceedings that have been had, and the steps that have been taken, from time to time, to protect their rights in the fishery of the river Bann, against the different attacks made upon them by the family of Lord Donegal, as the owners of another fishery in the same river, and in Loughneagh; a task which I undertake with very great pleasure indeed; for although the prospect was frequently gloomy, the business has at length been brought to a state so gratifying and pleasant to my feelings, that I am happy in an opportunity of doing what they require of me.

Loughneagh, which is one of the largest fresh water lakes in Europe, is situate in the province of Ulster in Ireland, and is bounded by the counties of Antrim, Armagh, Downe, Tyrone, and Londonderry, and it empties itself into the sea about three miles below the town of Coleraine in the county of Londonderry: the river by which it so empties itself is called the Bann, which in many parts is very deep and navigable, in others shallow and rocky, particularly near Coleraine, where the rocks are known by the name of the Fall, or Salmon Leap.

The whole distance from the lake to the sea, is about twentyfive Irish, and something more than thirty-one English miles.

Various grants appear to have been made, at different periods, of certain fishings in different parts of the lake and river, but I do not deem it necessary at present to go back above two centuries, as no prior grant has been acted upon or accompanied with possession, and of course no question will be likely to arise hereafter on any grant not followed by possession, or acted upon within that period; and although it might be most methodic to state the