LITMIR.BIZ

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lands by some civilised tenure and at reasonable rents. From this we may perhaps infer that some of the O’Byrne clansmen were not at all anxious to submit to Phelim’s yoke. Falkland, however, endeavoured to get Buckingham’s support for a plantation. If the matter were taken out of his hand he would apply for 6,000 acres, but if the arrangements were left to him he would ask for nothing.[160]

      Falkland wishes to colonise Wicklow,

      but the plan is disliked in London.

      Arrest of Phelim O’Byrne.

      A royal commission on the Wicklow case,

      whose report is unfavourable to Falkland.

Falkland soon returned to the charge. He found, or thought he found, a widespread conspiracy in that part of Leinster which contained O’Byrne’s country, and he reiterated his opinion that a plantation commanded by a strong fort was the only way to break up the dependency of the clansmen on their chief. Two of Phelim’s sons were arrested and shut up in the Castle. All official delays, said Falkland, were attributed to fear; but there would be no cause for it if money were provided to pay the soldiers. The London Commissioners were, however, still bent upon making Phelim a great man with a court leet, court baron, fairs and markets, provided he would make his sons freeholders with 200 acres of good land apiece. Nothing decisive was done, but after three years’ watching Falkland announced that he had really got the threads of the conspiracy. Phelim O’Byrne and five of his sons were arrested, Butlers, Kavanaghs and O’Tooles being also implicated as well as some in Munster. By this time Buckingham was dead, and this may have turned the scale against Falkland. Bills of indictment were found against Phelim and his sons, and at that stage proceedings were stopped by peremptory orders from England. The King declared his intention of appointing a special commission to inquire into the whole matter, and the Archbishops of Armagh and Dublin, the Lord Chancellor, Chief Justice Shirley, Lord Wilmot, Sir Francis Annesley and Sir Arthur Savage were named for the purpose. Falkland bitterly complained that Loftus, Annesley and Savage were his personal enemies; with Ussher and Shirley he declared himself thoroughly satisfied. Wilmot and Annesley do not seem to have acted, but the others took their share of the work. The Commissioners proposed to examine some Irish-speaking prisoners, but Falkland refused to allow this unless he might name the interpreter. It was stated by some witnesses that he had previously used the services of Sir Henry Bellings and William Graham, both of whom were interested in the O’Byrne lands. Under these circumstances the inquiry was not satisfactory, but the Commissioners examined thirty-six witnesses and sent over the whole mass of evidence without any comments of their own. There was no cross-examination, and the facts were not properly sifted; but the whole story can scarcely be false. Some witnesses declared that their evidence before the grand jury was extorted by threats and others that they had been tortured. They were not witnesses of the best sort, for one said that he would do service against his father to save his own life, and another that after being chained in a dungeon for five weeks without fire or candle, he was ready to swear anything, ‘and he thinketh there is no man but would do so.’ A witness of a higher class was William Eustace of Castlemartin in Kildare, who testified that the foreman of the grand jury had been Sir James Fitzgerald, whose father Sir Piers, with his 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]

      Remarks on the O’Byrne case.

      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]

      Charge against Lord Thurles,

Falkland believed that the plots in Leinster originated with Lord Thurles, Ormonde’s eldest son, whose proceedings were suspected in 1619. This young man, who was the great Duke of Ormonde’s father, was drowned at the end of that year near the Skerries during his passage to England. Nine years later an adherent of his house gave particulars as to Lord Thurles’s intentions not long before his death. Feeling that his family were likely to be ruined, he proposed to raise a force of 1,500 men, and he was in correspondence with Spain. He went from house to house swearing people to follow him, and one of his adherents was Sir John McCoghlan, who was discontented about the King’s County plantation. Suspicion having been aroused, Lord Thurles was summoned to England and was lost on his way over. The whole story is of very doubtful credibility, but there was enough to justify measures upon Falkland’s part.[163]

      Financial difficulties.

      An assembly of Notables. The ‘graces.’

      Toleration a grievous sin.

      From the very beginning of his reign Charles I. was in want of money, and he longed to make Ireland self-supporting. Some popularity was gained by restoring the charter of Waterford early in 1626, but the King’s quarrels both with France and Spain made it necessary to increase the army in Ireland at the expense of the country. It was decided to have 5,000 foot and 500 horse, but in the meantime the small existing force was unpaid and worse than useless. Falkland was directed to convene an assembly of Irish notables, and induce them to provide funds by the promise of certain privileges or ‘graces.’ The peers and bishops accordingly met in the middle of November 1626, and sat in the same room with the Council, who occupied a long table in the middle. Some delegates from the Commons were afterwards added, but neither with them nor without them could the assembly come to any decision. The negotiations went on for nine months, and ended in the appointment of agents for the different provinces who were to go to England and state their case before the King. Westmeath took an active part against the Government. The eighth of the original graces offered by Charles provided that the shilling fine for non-attendance at church on Sundays and holidays should not be exacted except in special cases. A limited toleration would thus be the consideration for a grant towards the payment of the army. Twelve bishops,

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