“The King’s grants daily increase. There is come hither one Mr. James Hamilton with two Letters from the King: one containing a gift of £100 land in fee-farm, in the name of Thomas Irelande; the other for passing to him the Great Ardes or Upper Claneboy—by virtue of which words, if he have his desires, he will have more lands than the greatest lords in this kingdom, and all is given in free and common soccage, whereby his Majesty’s tenures are lost and everywhere abridged. If copies of these letters be called for the grants will be found to be extraordinary.
“When I was in England, it pleased the King, by your means, to bestow on me the Castle of Belfast and other lands adjoining. I have passed it twice, and as yet I understand by this gentleman—who, it seems, has sought all the records—there are some questions may be made thereon, by reason of some grants made long since to Sir Thomas Smith. For albeit that deed be of no force, yet, not being so found void in the ‘office,’ as the records of those deeds were not in this Kingdom, I am subject to some danger. I pray, therefore, that one Letter more may be granted to me for re-passing the same.” While awaiting Cecil’s reply, Chichester, on the 26th June, 1605, appointed a Commission of his most trusted officials and cronies to hold Inquisitions preliminary to any grant being made, so that by a rigid enforcement of the Patent laws (hitherto ignored), Hamilton should not get a rood of land or a rill of water to which he was not strictly entitled. The scope of the Commission was severely limited to the text of the King’s Letters which Hamilton presented, and the persons appointed to execute it were:—
Nicholas Kerdiff, Serjeant-at-Law,
Sir Charles Calthrop, Attorney-General,
William Parsons, Surveyor-General,
Nicholas Kenney, Escheator-General.
John Dallway of Carrickfergus,
Robert Barnwall,
and
Laurence Masterson.
Of these, the three last, with Parsons, alone acted, and they sat to hold Inquisitions at Ardwhin, Co. Down (recte Ardquin), on the 5th July, 1605, and in the town of Antrim on the 12th July, 1605. They were commissioned to ascertain what lands Sir Con O’Neill and his father, Brian Fertagh, were possessed of in Upper Claneboy and the Great Ardes, with the rents and “cuttings” to which they were subject. Their other duty was to discover what property in the Counties of Antrim and Down should have come to the Crown by attainder or forfeiture, so that the £100 a year granted to Thomas Irelande might be provided thereout. The verdict then found took shape in a return, which was put to such an illegitimate use that it was not enrolled for 79 years, lest its terms should leak out.
For by the time the Commissioners had completed their labours and returned to Dublin, Cecil silenced the murmurings of the Deputy, and counselled him to come to an understanding with Hamilton. The “one Letter more” never was signed, for the policy recommended from London made it unnecessary. Cecil having, in 1599, promoted Chichester to the Irish command, acted as his protector ever after. He used lovingly dub him “poor Arthur,” but “poor Arthur’s” appeal against Hamilton made too large a draft on his power. Instead of procuring a fresh King’s Letter he evidently warned him to make terms with the royal favourite, for within a month the Deputy treated “the Scot” as a bosom friend. The Antrim Inquisition was then availed of, with the aid of the ductile Parsons, as the groundwork of an enormous grant to Hamilton, who arranged to hand over a large slice of the plunder to the Deputy. This dispensed Cecil from having to beseech James I. for another “Letter” for Chichester, and from that forth a working partnership was established between the Deputy and Hamilton. This alliance in ill-doing linked them for life. Backed by Davies, and with the help of the Lord Chancellor (Jones, Archbishop of Dublin—called that “rascal Jones” by Dean Swift), they organised a conspiracy to cheat the State unmatched in Anglo-Irish annals.
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.