



57 



sea unto the pool, called Lough Neagh,' &c. ; it then grants 

 the whole water, bay, river, stream, or rivulet, of Lough Foyle, 

 within the limits aforesaid, and the whole ground and soil 

 thereof, and also the whole piscary fishings, and taking of fishes, 

 as well salmon and eels as all other kind of fishes whatsoever 

 of, in, or within the water, bay, creek, and river of Lough 

 Foyle, as well with nets of what kind soever, or otherwise 

 howsoever, from the high sea to the town of Lifford, and to 

 the utmost flux and reflux of the river of Lough Foyle afore- 

 said, and in, through, and within the whole course of the 

 water, within the limits aforesaid, being in the county of the 

 city of Derry, otherwise Londonderry, and in the counties of 

 Coleraine, Tyrone, and Donegal, otherwise Londonderry 

 aforesaid, or in any or some of them within the said province 

 of Ulster.' It is contended, on behalf of the plaintiff, that this 

 grant comprises the whole water from the high or the deep sea, 

 which is entirely outside of the entrance of Lough Foyle, up 

 to the town of Lifford. On the defendant's part, it is con- 

 tended that the grant must be restricted to the limits of the 

 county of Londonderry, and that nothing outside of these 

 limits passed by this grant, and that the meaning of the words, 

 * within the limits aforesaid,' bear out this view of the case. 

 I think that this is not the true construction of the grant, 

 coupling it, as I do, with the inquisition. It appears, from the 

 grant itself, to extend to the town of Lifford, clearly beyond 

 the limits of the county of Londonderry. Therefore, if the 

 grant is to extend to Lifford, in Donegal, on the one side, 

 there is nothing in the words, ' within the limits aforesaid,' to 

 restrict it within the county of Londonderry, on the other side ; 

 and it seems to me that the words deep sea must mean beyond 

 the fauces of Lough Foyle ; and if so, I am bound to give to 

 the words ab alto mare that construction which is given to them 

 by the highest authorities on the subject, and indeed the same 

 construction which has been given to them by the illiterate 

 witnesses produced by the defendant himself, one of whom 

 asked or said, in a tone of some surprise, Did any one ever hear 

 Lough Foyle called the deep sea ? It appears, therefore, on 



