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
To meet opposition, Sir Randal obtained a second King’s Letter,
instructing Deputy Cary to issue an amended Patent. Cary was slow
in his obedience, and was recalled before complying. Chichester, on
succeeding him, ignored the royal order altogether. He had forged for
himself a life-estate in the Bann and Lough Neagh, by “amplifying”
his Patents, and astutely worked to prevent recognition being given
to the title of any legitimate owner. Delay drove MacDonnell to apply
for a third King’s Letter, and James I. signed this in April, 1606.
Chichester’s hand was thereby forced; but—nimble in resource—he
dispatched Hamilton to London to crave permission to stay the Patent.
He wrote to Cecil in June, 1606: “Sir Randal MacDonnell is neither
faithful nor obedient ... as Mr. Hamilton can at large inform you.”
The pair who had fraudulently conveyed to themselves the entire
Bann (tidal and non-tidal) with Lough Neagh, on the 14th February
and 3rd March, 1606, now battled fiercely to block the making of a
genuine grant to Randal. They failed, however, for, such was the
King’s liking towards his Scoto-Irish liegeman, that MacDonnell, who
travelled to London to checkmate the intrigue, returned triumphant
with the royal warrant. The baffled Deputy was compelled to issue the
amended Patent in July, 1606. Still he was not to be baulked, and
cast about for a new expedient to undo the King’s will. Hot foot, he
set on Hamilton to bring a suit before himself in the Privy Council,
and allege a prior title in the Bann to that of Sir Randal. In this
litigation the validity of the fishery grant was disputed; and Davies
was enlisted to assail the Patent on that point. A trio such as
Chichester, Hamilton, and Davies was not easy to match; and in legal
jousting they easily outpointed the Lord of the Isles.
Bringing on the case in Randal’s absence, the Deputy, who had
previously acted as judge in the trial of O’Cahan v. O’Neill, where
his own claim to the Bann underlay the action, bettered that shameful
precedent. Judicially weighing Hamilton’s “rights,” but without
hearing the other side, he decided that MacDonnell’s “fourth” of the
Bann should be put in sequestration “pending a suit at law”; and he
appointed his henchman, Captain Phillips, Receiver over the profits.
MacDonnell was then in London, and only learnt of the sequestration
on reaching Ireland. Straightway upon his return he sent this protest
to Cecil:—
“Upon my arrival I found myself dispossessed of the fourth part of
the fishery of the Bann, which his Majesty was pleased to grant me
by Patent, being the best stay of my living. This was wrought by
means of one Mr. James Hamilton, who, searching and prying curiously
into my Patent (as he doth into many other men’s estates), seeks to
take advantage upon words and other sly causes, thereby to void my
interest and to pass it to himself, upon other men’s grants, which he
hath purchased.”
Public-domain text, read in full here on John Shaqi.
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