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
This masterly composition was mere make-believe. Smoothly smacking in
law-prate, it rose to the highest level of legal fiction. His Majesty
never heard of the surrender. Jones set his own seal to it without
James I. being the wiser. In all material respects the “preamble”
festers with falsehood. Chichester, it is true, got a “custodium”
of the Castle of Culmore on the 24th October, 1609, with provision
for the payment of gunners and warders. Three parchments issued in
the following year changed this arrangement, and Culmore Castle,
its fishings, and 300 acres were reserved to the Crown on the 22nd
February, 21st June, and 16th July, 1610. The new bargain was made
“for the furtherance of the intended Plantation by the Londoners,” to
whom they were given. Other benefits were conferred on Chichester in
exchange.
The pretence that he received only £550 out of the £4,500 is in
keeping with the rest of his romantic prose. If Hamilton took the
lion’s share it is strange that the surrender should show that his
interest was confined to three-fourths of the tidal Bann, while the
rest of the stolen property stood in the Deputy’s name. To suppose
that the captain of the brigands netted only an eighth of the profits
does injustice to his voracity.
If the surrender had been a reality, James I. would have learnt the
disagreeable news that, when he presented the Bann and Lough Foyle to
the Londoners fifteen months previously, he had had no title to make
the grant. Yet so formally was the surrender framed that Chichester
joined his wife, “Dame Lettice,” in the deed—in accordance with
the law governing feudal tenures. This told of the nicety of the
expert who (to facilitate confiscation from the natives) abolished
the ancient right of Irishwomen under the Brehon Law “to have sole
property in a certain portion of their husbands’ goods during
coverture”!
Chichester was then in straits. It appeared later that he had
embezzled £10,000 from the Crown out of the rents of the forfeited
Ulster estates, though he suffered from no lack of income. His salary
and allowances were enormous, without reckoning what came in from
confiscated lands. He even feigned poverty to cloak his defalcations,
but after his death his heir was called upon by Charles I. to make
them good.
The part played by his spiritual confederate in this legal pantomime
was worthy of “that rascal Jones.” His Grace wielded the Great Seal
on Chichester’s behalf like a burglar’s “jemmy.” Whether the signet
he affixed to the “surrender” was great or small it boots not to
enquire. Large as was the gain made by the Archbishop out of the
Church Establishment, he supplemented it by grants from the Deputy
which lacked the King’s sanction.
Public-domain text, read in full here on John Shaqi.
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