The Lord Deputy was a supporter of comprehensive plantation.\u00a0 The attainder of O’Neill was said by the judiciary to have established crown title in Armagh, Tyrone, and Derry. To control Donegal, a fiction was created that the Crown had conveyed the whole of Donegal to O’Donnell in fee simple and that it reverted back to the Crown on his attainder.<\/p>\n
The freeholders in Cavan and Fermanagh were vulnerable to forfeiture in that many had succeeded to their titles \u00a0by the custom of \u00a0tanistry and gavelkind.\u00a0 Others had been attainted.\u00a0 It was argued that the customs of Gaelic landholding and succession were inimical to the King\u2019s peace.\u00a0 By finding tanistry to be invalid, the titles of certain properties held under surrender and re-grant were themselves voided and made insecure.<\/p>\n
Freeholders would not be forfeited by the attainder of their chief alone.\u00a0 However, if the freehold estate had been acquired through a course of tanistry which had been judged to be void then the holders would not be freeholders.\u00a0 The absence of freehold estate disentitled the holder to bring action before the assize judges or central common courts.\u00a0 The same techniques were used to recover ecclesiastical lands held under Gaelic tenure.\u00a0 Through these devices, huge amounts of the country lapsed to the Crown.<\/p>\n
A commission on titles established in 1606 was used by the planter class to secure titles which had been made unstable by years of war and strife.<\/p>\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Gavelkind and tanistry The Statutes of Kilkenny proscribed Irish names, law and Gaelic language, fosterage of sons and intermarriage of the Irish race.\u00a0 They were renewed in 1468 and supplemented in 1536 by measures against Irish dress and customs within the Pale. However, the Gaelic Lordships had retained effective sovereignty in their area in that […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/86"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=86"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/86\/revisions"}],"predecessor-version":[{"id":87,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/86\/revisions\/87"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=86"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=86"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=86"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}