The great fraud of UlsterHealy, T. M. (Timothy Michael)
History
The great fraud of Ulster
Healy, T. M. (Timothy Michael)
Ireland -- History -- 17th century; Ulster (Northern Ireland and Ireland) -- History
Judge Ross, with true insight, saw the necessity of trying to
ascertain what powers the Commission conferred, so that he might
estimate what were the matters Parsons was inquiring into. He,
therefore, sent for the original parchment. It was sadly defaced,
and he, too, found it illegible. Since then, although portions
remain undecipherable, enough has been transcribed to show what the
Commission covered and authorised. This transcription reveals that it
was issued without any reference to Lough Neagh or the Bann. Despite
the fact that the decipherment is only partial, it shatters the case
the plaintiff made.
The Commission is set forth in the Appendix, and, although several
words are missing, enough is left to demonstrate that no inquisition
founded on such a Commission could establish Crown title to Lough
Neagh or the Bann (save as to a few monastic fishings). For what
duties were the Commissioners appointed to discharge? They were
ordered merely to report on the boundaries and extent of Sir Con
O’Neill’s possessions (to prepare for their partition between
Hamilton and Montgomery), and also what “concealed lands” should have
come to the Crown in Antrim and Down by reason of any forfeiture or
attainder to provide for Thomas Irelande’s £100 a year. Nothing more.
It was issued not by the King, but by Chichester on the 26th June,
1605, when he was thwarting Hamilton, and only a week after his
bitter complaint to Cecil of the extent of the grants to “the Scot.”
Then it would have been as repugnant to the Deputy’s feelings as to
his interest to allow Hamilton get a rood of land or a fathom of
water more than his two King’s Letters covered. Just a year before,
Chichester had concocted a Patent annexing to himself for life the
fisheries of Lough Neagh and the Bann; and it was hardly likely
that his earliest act after becoming Deputy should be to nominate
Commissioners to assist a stranger to oust the “Admiral of Lough
Neagh” from his new acquisitions and destroy the basis of his aquatic
title.
The Commission recites that it was sped by reason of the two King’s
Letters presented by Hamilton, one on behalf of Thomas Irelande for
£100 a year, and the other, on his own behalf, for the acquisition
of Sir Con O’Neill’s estate in Claneboy and the Great Ardes. The
“metes and bounds” of Sir Con’s territory were fixed by a Patent to
his father from Queen Elizabeth of the 13th March, 1587, and never
embraced Lough Neagh or the Bann.
The grant to Thomas Irelande could not have included them, for it
was to be carved out of “concealed or forfeited” lands in Antrim and
Down. There had been no previous confiscation of the fisheries. They
had never vested in the Crown, and could not have been captured under
the terms of Thomas Irelande’s “Letter,” even if Chichester had not
already seized them for himself, or was in the mood to befriend an
intruder.
Public-domain text, read in full here on John Shaqi.
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