wife and daughter, had been burned to death in cold blood by a party which included Phelim MacFeagh. He swore that the majority of the grand jurors had not the legal freehold qualification, and that the sheriff appointed through Lord Esmond's influence was likewise unqualified. Esmond had an interest in the lands, and so had Sir Henry Bellings, who was also a grand juror. As a result of the inquiry, the O'Byrnes were released, and no doubt this contributed to Falkland's recall, though Ussher was most anxious to shield him. Phelim McFeagh and his sons retained some of the territory in question, but it would seem that Esmond, Graham, and others got shares, as well as Sir William Parsons and Lord Chancellor Loftus.[161] [Sidenote: Remarks on the O'Byrne case.] [Sidenote: Falkland's defence.] Carte's account of the O'Byrne affair has been generally accepted, but it is not impartial. He suppresses facts unfavourable to Phelim MacFeagh, and he exaggerates the part taken by Sir William Parsons, whose later proceedings after Strafford's death were distasteful to him. Moreover, he gives his reader to understand that the O'Byrnes were deprived of all their property, which was certainly not the case. Phelim died early in 1631 and his sons retained the land which they held by patent; what was considered to be in the King's hands being granted to the Earl of Carlisle. The Irish Council were on the whole favourable to Falkland, whom they knew to have no personal interest in the matter. Phelim they declared to be a notorious rebel, whose intrigues had engaged the attention of three deputies; and he had compassed the death of a magistrate named Pont. Falkland had only taken part in the trial because the witnesses were so overawed by their priests that they refused to give evidence before any inferior minister. Lord Cork, who seems to have had no interest in the Wicklow lands, had the worst opinion of Phelim. Falkland himself was very indignant at having his conduct questioned by Commissioners who were subordinate to him as long as he was Deputy. They did not, he complained, hear both sides, and their behaviour, always excepting Ussher and Shirley, was partial and spiteful. For himself he was 'a gentleman born of such descent as the blood of most of your honourable lordships who sit at the Council table runs in my veins,' and he ought to be believed 'in spite of the malicious backbitings of scandals by men of no generation or kindred, whose beginning has been either mercenary or sordid, though perchance advanced by fortune above their merit, and not understanding more of honour than the title they have obtained (I will not say how).' This was directed against Loftus, and there is much more to the same effect.[162] [Sidenote: Charge against Lord Thurles,]