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
Every inch of the Bann had, in the previous January, been granted
to the Londoners without regard to MacDonnell’s rights, while
Hamilton and Chichester, in the teeth of Sir Randal’s Patent, had
taken pay for it as the true owners. Yet with pompous cynicism
the Star Chamber, at Chichester’s call, elaborately took steps to
overlay the felony, and deck it with legal splendour in the shape
of a State Trial ostentatiously held in pretended vindication of
the prerogatives of the Crown. Lawless as the Star Chamber was,
even its procedure was befouled by the device adopted to mask the
illicit grants and their transfer to the Deputy. Thus was a love for
English law first implanted in the heart of Ulster! Davies blazons
the decision in Norman-French in his publication of the cases which
established the English Common Law as the basis of Irish justice.
With like emanations of the bewigged knavery of the period the
judgment is still cited as an authority in modern legal text-books.
The proof of Chichester’s participation in the £4,500 levied off
the Crown and the Corporation endures under his own hand in a
parchment which for 300 years mouldered unnoticed. In the compost
of conveyancing with which his Deputyship reeks no document is
more striking than that in which he commemorates this transaction.
Weighted with the winnings collected for him by Hamilton, Sir Arthur,
in April, 1611, thought it prudent to set down and enrol a pretext
for having pocketed them. By formal “surrender” he caused a deed in
the King’s favour to be witnessed before Jones, Archbishop of Dublin,
renouncing all claim to the Bann and Lough Foyle.
Jones, being Lord Chancellor, was head of the Rolls Office, and
entitled as such to accept “surrenders” without the authority of
a King’s Letter. The deed which Chichester executed set forth the
lie that the Castle of Culmore, with 300 acres and fishings (Lough
Foyle), had lately been given to him by two Letters Patent; that the
non-tidal Bann and one-fourth of the tidal Bann had been sold to him
by Hamilton, who had paid him £550 “for and in behalf of the King’s
Majesty, who hath given satisfaction to the said Hamilton for the
whole fishing of the Bann.” Then it granted the fishings, land, and
castle to the King; and wound up with this stately flourish:—“To
that part of these presents remaining with his Majesty, the said Sir
Arthur Chichester hath set his hand and seal; and to that part of
these presents remaining with the said Sir Arthur, his Majesty hath
caused a seal to be set.”
Public-domain text, read in full here on John Shaqi.
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