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
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.
This naked statement was true, but not the whole truth. Its
half-truth was equivalent to a finding that the property had
escheated to the Crown in spite of the Royal Letters of Elizabeth
and James recognising Felim. Zeal for the Crown was the pretext
for Parsons’ inquisition; but once an escheat was declared the
King’s interest sank out of sight and Graham was empowered to
seize O’Byrne’s estate for himself. Once more the Chief appealed
to England. There justice was slow, far off, and dear; but he got
it; and on the 4th November, 1616, Felim obtained a King’s Letter
requiring St. John to regrant him the lands. This command was
flagrantly disobeyed. Piety was the badge of all plunderers, and
Graham had promised to endow two churches in Cosha to spread the
Lutheran gospel. Such love for religion, pure and undefiled, moved
St. John on the 24th February, 1617, to give him a Patent for Cosha.
Public-domain text, read in full here on John Shaqi.
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