The great fraud of UlsterHealy, T. M. (Timothy Michael)
History
The great fraud of Ulster
Healy, T. M. (Timothy Michael)
Ireland -- History -- 17th century; Ulster (Northern Ireland and Ireland) -- History
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.
Public-domain text, read in full here on John Shaqi.
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