The reasons which impelled the Northern Lords—O’Neill, O’Donnell, and Maguire—to go into exile can best be realised by studying the doom of the Wicklow chief who held his ground. Carte (an English Protestant historian), writing in 1736, summarises the case as “very extraordinary, and contains in it such a scene of iniquity and cruelty that, considered in all its circumstances, it is scarce to be paralleled in any age or country.” Since then, Carte’s disclosures have been supplemented by State papers and other records which furnish dates and details that he lacked. They confirm the judgment on his work passed by Dr. Johnson, who styled it “that book of authority.” Carte’s narrative largely follows the “Remonstrance” lodged on behalf of the O’Byrnes, which fails to disentangle the parts played by Chichester, by St. John, and by Falkland, but mingles all together. In the following condensed account the action taken by each Deputy is separately shown, while needful particulars are added from the State Papers and Patent Rolls.
CHAPTER XVIII.
LORD FALKLAND’S SHAME.
The harrying of the O’Byrnes under Chichester was largely carried out through Sir William Parsons, his Surveyor-General—a seasoned and hardy pillager. Parsons was a Commissioner at Limavady in 1609, when the inquisition which “found” the Bann for Sir Arthur to forestall the Londoners was concocted. In 1621 St. John nominated him to take “office” for the fabrication of the “Carrickfergus” Patent which abstracted the non-tidal Bann from the Corporation. He was the chief author of the Antrim inquisition of 12th July, 1605, which “found” that the King owned the “pool” of Lough Neagh “towards Claneboy.”
For twenty years Parsons’ leisure had been devoted to trying to rob Felim O’Byrne, who stood by the Crown in trying times, despite the slogans of O’Neill and others to “rise out.” O’Byrne’s father (fighting Feagh MacHugh) had been made prisoner, and his head spiked over the Tower of Dublin Castle. His mother (Rose O’Toole) was convicted of treason and sentenced to be burnt on the 27th May, 1595.
Queen Elizabeth, however, in 1598 ordered Felim Patents of his estate as a reward for good service, and issued a “general pardon” to him and his helpers on the 3rd March, 1603. James I. on 16th September, 1603, in his “instructions for Ireland,” commanded that O’Byrne’s “country” be given to Felim according to such limitations as the Lord Lieutenant should prescribe. Nevertheless Sir Richard Graham, one of the Commanders at the victory of Kinsale, obstructed the issue of any Patent, and got two “offices” taken by Parsons as Surveyor-General on the 14th March, 1604, to try to oust Felim altogether. These inquisitions—strive as they might—went in favour of O’Byrne, and on 26th March, 1606, he received a Patent. His territory was set down (by the usual trick of diminishing coveted land) at twelve thousand acres, exclusive of bog, wood, and mountain. It included the districts of Ranelagh and Cosha in Co. Wicklow, and the owner’s proved loyalty was certified by Devonshire. A fortnight after the date of Felim’s Patent, Devonshire died, but for some years O’Byrne was left in peace. Then came the Ulster Plantation and the dispersal of its Chiefs. When the North was crushed Chichester, in spite of Royal Letters and “offices,” authorised Graham to seize part of Cosha for himself.
Knowing to what this must lead, O’Byrne petitioned the English Privy Council for justice. An Inquiry was ordered, and Graham thereat contended (in the teeth of English policy) that the clan-lands belonged to the kerns as freeholders, and not to the Chief. The Commissioners scouted this doctrine and reported in Felim’s favour. To hold otherwise would have knocked on the head the Tudor system of vesting the tribal territories in the Chiefs and then voiding their Patents so that escheats might be easily obtained. Sir Richard Graham, smarting under defeat, and doubtless primed by Chichester (although he had now ceased to be Deputy), sent his son to London to bribe Villiers, afterwards Duke of Buckingham, to influence his Majesty to disregard the Commissioners’ report.
The Earl (afterwards Duke) of Richmond, another favourite, was procured to crave fair play for O’Byrne. The strife at the Council table between the courtiers grew so high that the King allowed them each to name two Commissioners to re-try the case. This was unjust to Felim, who had already proved his right twice. Still he had to take such mercy as he could buy. Mr. Hadsor and Sir Francis Annesley were on this Commission, and Hadsor spoke Gaelic.
When the third hearing was opened, Parsons came forward to confirm Graham’s story that the clan-lands were those of freeholders and were not O’Byrne’s. He produced a book written out by himself to prove it, but O’Byrne demolished the invention by giving in evidence the “inquisitions” previously taken under Parsons’ hand. These certified the Chief’s ownership, and proved that the “book” was trumped up. Unabashed, Parsons and Graham fell back on the shift practised by Sir John Davies in 1607 at the trial of O’Cahan v. O’Neill. They reshuffled the cards and argued that the lands belonged to neither disputant, but had escheated to the Crown on the death in rebellion of Feagh MacHugh.
In England no escheat without trial and no post-mortem attainder could take place unless Statute authorised it in a special case. There an attainder after death was not tolerated, even against Jack Cade (an Irishman), but Anglo-Irish lawyers disregarded everything that tempered a violent prerogative. Therefore, although both King James and Queen Elizabeth had granted the estate to Felim, and Graham’s pretensions were exploded, the Commissioners adjourned the Inquiry.
It was probably in connection with a previous investigation that the “Egmont MSS.” record, under date 20th November, 1612, that Sir Richard and Thomas Graham were fined and imprisoned for disturbing a Commission which sat at Imaal, Co. Wicklow, to inquire into concealed lands of the Crown. They beat the witnesses, calling them “a company of garron-stealers and thieves,” threatened Peter Delahyde, one of his Majesty’s counsel, and drew swords on a gentleman who rebuked them. Years were now wasted over the dispute, and in 1616 St. John succeeded Chichester. Parsons asked the new Deputy to appoint himself and other choice spirits to inquire on behalf of the Crown into the alleged escheat. St. John, as became a pupil of Chichester, cheerily agreed, and on the 4th July, 1616, Parsons made a “return” declaring that O’Byrne’s lands were the inheritance of Feagh MacHugh killed in rebellion.