CHAPTER IV.

AN EVIL PARTNERSHIP.

The system applied by Chichester to hoodwink the Crown and defraud

the subject went undetected for years. It consisted in availing

of spent King’s Letters, and issuing Patents upon them afresh—in

many cases to an extent enormously beyond the powers originally

contemplated. In this way the Ulster fisheries were annexed; and

equally lawless appropriations were made in nearly every county.

Where fishings were concerned, the Deputy’s maw was insatiable.

Until the Stuart era, Hugh O’Neill and Sir Randal MacDonnell largely

controlled the Bann; O’Donnell and O’Doherty Lough Foyle; and Maguire

Lough Erne. The Lagan had been included by Sir Arthur in his Patents

of 1603-4; when his scriveners conferred on him a life-estate in

Lough Neagh and the Bann, with the title of Admiral. Upon taking

Hamilton into partnership he treated his own Patents for both the

Lagan and Lough Neagh as worthless, and prepared fresh dispositions.

His old comrade, Captain Thomas Phillips, was commander of the fort

at Toome (where the Bann issues from Lough Neagh), and had been

allowed to become tenant of the fishery at Coleraine belonging to

Sir Randal MacDonnell (afterwards Earl of Antrim). Sir Randal was

brother-in-law of Hugh O’Neill, and had supported him in the war

against Elizabeth. Chichester nourished an implacable hatred of

MacDonnell and his clan, because in 1597 they defeated his brother,

Sir John Chichester, and beheaded him. During O’Neill’s revolt he

tried to get Sir James MacDonnell, Randal’s brother, poisoned;

and used to write of Randal to Cecil as “MacSorley,” in order to

recall the feud of his father, Sorley Bwee, with the Queen. The

MacDonnells, as Lords of the Isles, were Scottish as well as Irish

chieftains, and of old blood. King James was hardly six weeks on the

united Thrones when he confirmed Sir Randal’s estate of 333,000 acres

in County Antrim. This area MacDonnell occupied by ancient conquest;

but the legal recognition of his ownership was hateful to Chichester,

who planned to make the rival Scottish favourite the instrument of

his revenge.

Hamilton, being a stranger, needed a backer in the North, and one

having local knowledge. For this service Captain Phillips was well

fitted, and his price had to be paid. At the outset the Deputy

provided for it by stripping the Crown of stray escheats from the

monks. Then, on the 20th July, 1605, he issued to Hamilton, under

the Thomas Irelande Letter, a Patent for the Abbey of Coleraine,

with the monastery fishing in the Bann. Along with this went much

other spoil, lay and ecclesiastical, such as the Manor of Moygare, in

Meath, with several rectories, tithes and manors in Kildare, Queen’s

County, Down, and Antrim. The rent reserved to the Crown for this was

only £54 1s. 1d., and Cecil was advised that Hamilton, on the 23rd

September, 1605, had transferred to Captain Phillips the Abbey of

Coleraine with the fishery. So splendid a gift was no small handsel

from one who was himself entitled to receive only “the value of £100

a year.” It was intended as a “retainer” to Phillips to blood him for

an intended attack on Sir Randal.

Though the tap of the “Half-Moon” had poured much wealth into

Hamilton’s maw it left his thirst unslaked, and the exhausted

warrant to John Wakeman, which had lain fallow for over a year, was

next prepared for action. To employ it, the co-operation of Sir

Richard Cooke, the Secretary of State, was needed, as, by a “power

of attorney” from Wakeman in 1604, Cooke was entrusted to “sue out”

grants under it on Devonshire’s behalf. Chichester feared to make use

of Cooke. He wished for a more pliable nominee, who would consent

to deceive the Lord Lieutenant as well as the King. Whether Wakeman

agreed to this, or whether his name was abused, is uncertain; but

an altered “power of attorney,” dated the 21st October, 1605, was

put forth, purporting to have been executed by Wakeman, in which Mr.

James Ware, Auditor for “martial causes,” figures instead of Cooke.

No honest reason for such a change (inside a year) can be imagined;

and by this means the Auditor, whose office was intended to check

corruption, was enlisted for the corrupt obtainment of grants. Before

availing of Ware’s help, the Deputy issued to Hamilton, on the 5th

November, 1605, a Patent for Sir Con O’Neill’s estate—two thirds of

which was afterwards reconveyed to Montgomery and its true owner. In

this (as part of the process of mystification) was included a grant

of “the whole fishing of the River Lagan,” which Chichester had

snatched for himself in his Patents of 1603-4. He gave it to Hamilton

only by way of conferring valid title to it on a stranger, intending

subsequently to secure a transfer to himself. Thus one branch of the

1603-4 illegality was vested with seemly raiment.

At this time the Gunpowder Plot shook England, and emboldened in

guile the officials entrusted with the administration of Ireland.

Trumpeting a tale of Popish treason, the action of Guy Fawkes and

his gang deafened the ears of the King to the complaints of Irish

Catholics. Whatever lingering tenderness James might have retained

for them the Plot whiffed away. The severe measures which it excused

gave Chichester a larger command of power; and he used it to advance

his grasping policy. Having the Auditor-General in his pocket, he

soon prepared a dazzling stroke. The self-styled “Admiral,” who

purported to have received in 1604 a life-estate in the fisheries

of Lough Neagh and the Bann, gave them to Hamilton by Patent in

derogation of his own rights, on the 14th February, 1606. Using

the Thomas Irelande Letter as his authority, he presented “the

Scot” with these coveted waters in fee simple, and included in the

grant gigantic stretches of territory in Antrim, Down, Carlow,

and Roscommon, as well as a couple of abbeys and the advowsons

of half-a-dozen rectories. All was done in alleged compliance

with a warrant entitling its possessor to £100 a year. A haul so

comprehensive seldom weighted a single Patent. To-day it would be

worth a million of money. No Inquisition warranted this, and there

was nothing to show that the property belonged to the Crown, but by

Parsons’ dexterity the Inquisition at Antrim of the 12th July, 1605,

was made to serve as a shaky foundation for what was done, although

the Commission authorising the inquiry confined it to the estate of

Con O’Neill and to “concealed” lands to provide for Thomas Irelande’s

£100. The Inquisition was then carefully tucked away, and lay in

concealment nearly eighty years, while the Commission is defaced in a

style unusual amongst the records of the period.

The inclusion in Hamilton’s Patent of Lough Neagh and the Bann

exposes the hollowness of their pretenced donation for the Deputy’s

life in 1604. Had Chichester’s Patent been a reality, why should he

abandon them to Hamilton two years later without even paying the

existence of his life-estate the compliment of a “recital” in the

Inquisition over which his creature Parsons presided? It was the

counterpart of his device as to the River Lagan which he at the same

time made over to Hamilton with a like understanding as to its being

reconveyed to himself with, as he hoped, a less infirm title.

The mystery of this multiplied munificence is soon told, for

Chichester forthwith took a conveyance of the entire property from

Hamilton without a blush. The assignment to him was not enrolled

or published, and was kept a close secret. The system of privily

transferring property had not yet been made illegal in Ireland,

although in England, by the Statute of Uses, Henry VIII. forbade

“covinous” or furtive parchments. Not until Strafford’s Viceroyalty,

when Chichester’s malpractices stood partly revealed, was the

wholesome English law applied to Ireland in 1634.

Having swallowed Lough Neagh and the Bann, with other huge expanses,

the Deputy showed that he and his confederate were not men to make

two bites of a cherry. The tidal fishing of the Bann remained

ungrabbed; and to capture it the Auditor-General proved invaluable.

This reach of the river stood “in charge” as Crown property in the

books of the Exchequer; and was leased to Sir William Godolphin at

£10 a year. As Wakeman’s attorney Ware immediately “sued out” a grant

of the tidal fishery. The transfer was graciously sanctioned by the

Deputy; and next day Ware made it over to Hamilton (3rd March, 1606).

The tidal Bann was officially described by Sir John Davies as Crown

estate, and especially valuable. Yet the Auditor-General treated

it as a trifle which an exhausted King’s Letter might smuggle to a

stranger, with himself as conduit-pipe. By these expedients, Lough

Neagh and the Bann (tidal and non-tidal) were made away with—so far

as parchment and sealing-wax could do it. Ware was rewarded for his

accommodating ways by sundry emoluments and perquisites, and was also

graced with a knighthood.

His “power of attorney” was next availed of to generate a fresh

litter of Patents as monstrous as those previously begotten on the

spent Letter to Thomas Irelande. Ware knew, when Wakeman’s warrant

was abused for the third time, that its efficacy was dead. He had

been Auditor-General since the 6th September, 1603, and was empowered

when appointed “to search the records in the Auditor’s office”; so he

cannot have been ignorant of the bloated grants passed under it in

1604. He must also have felt, when Sir Richard Cooke was set aside

within a year and himself substituted as a recipient, that the change

portended a baleful purpose.

The great fraud of Ulster · 第 4 / 29 章