CHAPTER XIII.

DIVIDING THE SPOIL.

In November, 1610, the Deputy assembled his men-of-law in the Star

Chamber and proceeded to blot out the rights of Sir Randal in a way

the King could find no fault with. A report of the business was

published in 1615 under the title, “The Case of the Royal Fishery of

the Bann,” by Sir John Davies, in his collection of the new legal

decisions. This sets forth the Attorney-General’s contentions, as if

they were not mere byplay with a confederate posing as an impartial

judge. With great show of learning Davies argued that the tidal

Bann was a “royal river,” and its salmon fishery a “royal fishery,”

and that a grant of anything “royal” must be made by express words.

MacDonnell’s Patent, he said, only used words of exception—i.e., it

granted him fisheries “excepting three-fourths of the fishery of the

Bann.” This lack of express granting words failed, he maintained, to

pass the remaining “fourth” by implication. For, quoth he, words of

reservation pass nothing “royal” and make no good grant.

On behalf of Sir Randal nobody seems to have been allowed to say a

word. It was the second time the case was tried behind his back. If

any defects existed in his grant, Davies was the culprit, for the

King in 1606 had ordered them to be cured by a new Patent, which the

Attorney-General should have supervised. Nevertheless “the chief

judges of the Privy Council” cheerfully decided that no part of the

river belonged to MacDonnell.

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.”

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.

Such depredations would have been impossible without the connivance

of Court favourites who shared in the profits. Public virtue had

either ceased to exist or had not begun to be cultivated. When anyone

complained of the conduct of Chichester’s servitors, most of whom

were scoundrels apt for his purpose, he shielded them in dispatches

as “very honest men.” He fetched from Devonshire his brother and two

nephews to assist him, and was at pains to embellish his practices

with a garniture of profuse loyalty and solid piety.

In the Castle Chamber (or Star Chamber) he dealt with land, descent,

and ownership. Removable judges, flanked by a few men-at-arms,

with the Law Officers occasionally thrown in, formed its judicial

ingredients. Before them were haled those who were to be fleeced or

tortured. Excuse may be attempted for the profligacy of the officials

who then found salary and place in Ireland by reference to the

hardships of their service. They had to put up with much discomfort;

and to confront, at times, the perils of war, famine, and pestilence.

Conquest is a hard school. If they returned to London their journey

might end in the Tower and their fee be the scaffold. The sea between

the islands was infested with pirates lying in wait to assail their

ships, and when they reached the metropolis it was part of their

science accurately to know whom to bribe, whom to squeeze, whom to

favour, and whom to flatter. Such was the age in which Chichester

throve.

The great fraud of Ulster · 第 13 / 29 章