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
The provision that the Commission was “to establish the rights of
others” he overcame by having his own backers named as Commissioners.
With a view to beguiling the Londoners as to the Bann, these
partisans ordered an inquisition respecting its ownership without
giving the city notice of their sittings.
They were given no authority to inquire into the Londoners’ property,
yet they met in Chichester’s pocket-borough of Carrickfergus, and
empanelled a jury of his friends and underlings to decide on the
title to the river. The legal extravaganza there enacted seems so
grotesque that, were it not vouched for by stiff parchment, it would
be scouted as impossible.
The principal Commissioner was Stephen Allen, Escheator for Ulster,
who owed his post to Chichester. At Derry, a fortnight before, Allen
held an inquisition for the Barons of the Exchequer, to ascertain by
a local jury the number of “royal” fisheries in Ulster, and the rents
payable thereout to the Crown. Allen truthfully recorded the Derry
jury’s finding as to the Bann, which was that the Londoners owned
the entire river from the sea to Lough Neagh, rent free. In this
verdict its fishing-places, tidal and non-tidal, were enumerated in
the most formal way. Yet, scarcely was the ink dry upon it when, at
Carrickfergus, the same Allen got a jury to make a wholly contrary
finding, and to bring in a verdict that the Bann, from Lough Neagh
to Coleraine, was Chichester’s. He bolstered up this enormity by
another. Allen’s duty was to lodge forthwith the Derry “return” in
the Exchequer in Dublin. Instead of doing so, he kept it back for
nine years. On the other hand, he lodged the Carrickfergus “return”
instanter, knowing that it was to be made the basis of a Patent
granting the Bann to his old patron. Highly-placed Commissioners,
including a Bishop, abetted this misconduct.
In framing the verdict, care was taken that the assertion of
Chichester’s title should be made indirectly, only. The jury were
got to do just enough to enable the Dublin confederates, when the
“return” reached them, to shape the grant in the form he required.
Nor was what Allen put on record untrue. All that was set forth was
that Hamilton and Bassett obtained Patents for the Bann and Lough
Neagh, and that these were assigned to Chichester—no more. There was
no falsehood here—omission alone conveyed untruth. The Commissioners
“forgot” the Charter to the Londoners; they “overlooked” Allen’s
proceedings at Derry a fortnight before; they failed to remember
the “surrender” of 1611 before the Archbishop of Dublin; or the
“compensation” paid to Sir Arthur. As skilled practitioners they
operated on the sheltry side of the law, and left the draftsmen of
the Patent to do the rest.
Public-domain text, read in full here on John Shaqi.
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