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
On the 13th March, 1626, he ordered the eldest and youngest of
Felim’s sons, Brian and Turlough, whom he described as “the most
civilly bred of all his sons,” to be arrested as “dangerous
conspirators.” They were kept prisoners in Dublin Castle for five
months; and all the enginery of the State was employed to suborn
witnesses against them. Neighbours were seized and subjected to
torture. One Archer “was put naked on a burning gridiron and burnt
with gunpowder under his buttocks and flanks, and at last suffered
the strapado till he was forced to accuse the brothers.” Two poor
wretches named Kavanagh yielded on the rack and consented to swear
falsely; but, when their agonies ceased, they retracted. For this
they were sentenced to death, and were offered “pardon” if they would
repeat the “evidence” in court. Their constancy remained unshaken,
and both were hanged. This shortage of perjurers led to a crisis.
“True bills” on which Brian and Turlough could be arraigned had to
be “found” by a Grand Jury. Being Wicklowmen, the brothers were
ordered for trial to another venue. Carlow was as illegal as any, but
the Grand Jurors there twice declined to find “true bills.” Twice
were they brought up in batches to the Star Chamber in Dublin and
fined, but twice they refused to yield. They would not “find” for any
fining. Perhaps they recalled the reward meted out to the foreman
of the Lifford Grand Jury, Sir Cahir O’Doherty, for declaring Hugh
O’Neill an “outlaw” twenty years earlier. Thanks to their obstinacy,
the brothers were set free, and Brian O’Byrne sailed in triumph for
England. There he was received at Court, and on the 29th August,
1627, he secured two fresh Letters from Charles I. recognising the
family title.
Thus the warrants of three British Sovereigns—Elizabeth, James, and
Charles—affirmed their rights. Still Falkland entertained no idea of
being hindered by royal stumbling-blocks. The only effect of Brian’s
success on his mind was to resolve him to a fiercer vendetta. This
time he proceeded on a grand scale, and on the 2nd November, 1627,
ordered Felim with his five sons (including Brian and Turlough) to
be committed to prison in Dublin Castle. There they were loaded with
irons, denied food for a long period, and were deprived of visits.
The crime of which they were accused was that they had relieved a
banished man named Kavanagh who returned home before his seven years
of deportation had run out. This was true, but the man was unknown
to them. Kavanagh had never been convicted, nor was he outlawed,
and hospitality was merely given to a passing stranger. This was no
offence, although it might be docketed in the twentieth century as
“hostile association.”
Public-domain text, read in full here on John Shaqi.
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