Title:  History of The Irish Confederation and The War in Ireland, 1641-1643: Containing a Narrative of Affairs of Ireland from 1641 to the Conclusion of the Treaty for Cessation of Hostilities between England and the Irish, in 1643. By Richard Bellings. Now for the First Time Published from Original Manuscripts. Edited by John T. Gilbert, F.S.A., M.R.I.A. Late Secretary of the Public Record Office of Ireland. In Two Volumes. Vol. I., 1882, Dublin, 167-176
Date:  1641-1643
Place:  Dublin

MEMOIRS, LETTERS, DOCUMENTS, ETC.

I. CASE OF THE O’BYRNES OF THE COUNTY OF WICKLOW,
IN THE REIGN OF CHARLES I.

MS. Trinity College, Dublin, F. 3. 17.

A REMONSTRANCE made by Phelim McPheagh Birne, in the behalf of himselfe and his five sons, now close prisoners in his Majestie’s Castle of Dublin, of a few of those many excepcions which might be taken against the proceedings which have beene of late held against them, wherein though the sayd Phelim should be silent, and conceale his greevances against them, yet the whole kingdome is soe full and sensible of it, and the eccho thereof doth soe fill all places, as your Lordships, who are appointed Commissioners to enquire of this matter, cannot but take notice thereof. But yet, that the said Phelim may not seeme to sleepe in soe dead an howre, he doeth most humbly offer your Lordships these matters following:

First, the nature and quallitie of the Grand Jury which did lately passe uppon the said Phelim and his sons, at Wicklow, (within most men’s opinion) was packed of purpose to take away the life and estate of the said Phelim and his sons, as will easyly appeare by takeing the jurors by the roll, and considering of them: wherein

Sir James Fitz Pierse was the foreman, whose father, mother, brothers, and sisters, or the most of them, were at one tyme burned or killed by Walter Eeogh Fitz Gerrald, who was accompanied by Tirlogh Mc Pheagh, brother to the sayd Phelim, and others of neere alliance unto the sayd Phelim, in that bloody accion, in those late troublesome tymes of this kingdome. Since which tyme, the sayd Sir James hath borne a secrett and mortal hatred unto the said Phelim and his family, as might be instanced in many particulars. And yet to this man’s judgement was the life of Phelim and all his children committed, that he might likewise cutt off roote and branches at one blowe.

Sir Henry Bellings was the next man of the said jury, a man generally knowne to be the onely informer against the said Phelim and his sons, as will appeare more plainely by the subsequent matters with which he standeth charged. And the sayd Phelim is ready to prove that the said Sir Henry Bellings used these or the like words to the sayd Sir James Fitz Pierse, in George Sherlock’s howse at Wicklowe at the tyme of the tryall, ‘Now is the tyme for you (Sir James Fitz Pierse) to be revenged on Phelim Me Pheagh and his sons for the bloud of your frends which was spilt by them.’

George Sherlock, at whose howse the said words were spoken, was one of the sayd jury, and is a man who is altogether ledd and ruled by the sayd Sir James, who doth lodge at the said Sherlock’s howse at Wicklow at all Assizes and Quarter Sessions, where the said Sir James, being a Justice of Peace of the said county, doth duely attend, and by that meanes bringeth great profitt to the said Sherlock.

William Pluck, who is servant to the said Sir Henry Bellings, attended his said master in this service and was one of the jury.

And as for the rest of the said jurors, they are either allyed or have dependency on the Lord Esmond and some others of the Undertakers, who have in a manner devided that whole county betweene them, and were to have proporcions in the said Phelim’'s lands; as, namely, Mr. Robert Walker, and Mr. Mathewes, of the Rat[h]e, were and are tenants unto the sayd Lord Esmond, and Roger Wickam, who was likewise of the said jury, is nephew unto the said Lord Esmond; and as for Mr. Fenton, Wm. Pluck, and John Fitz Gerrald, and the rest, they are knowne to be dependants on the said Undertakers.

And this is the first thing which the said Phelim doth offer unto the consideracion of the said Commissioners, to consider whether these men thus excepted against can be competent judges of the said Phelim’s life and estate, and the lyves and fortunes of his children, or whether they be such men (in regard the most of them have noe freehould in the said county, but are bare dependants on the said Phelim’s adversaryes) which his Majestie’s writt doth eommaund to be summoned, which runneth in this forme.

‘Præceptum fuit vicecomiti quod venire faciat coram nobis 24 probos et legales homines comitatus predicti, quorum quilibet habeat per se x. lib. ster. vel redditus ad minus per annum, ad inquirendum, etc.’

And the sayd Phelim doth not doubt but if the Sherriffe were examined uppon oath, but that he would confesse that the sayd jurors, or the principall of them, were nominated by the meanes of some great persons, or by direccion from authoritie, and soe against the lawes and statutes of this kingdome.

The next thing which the said Phelim doth offer unto the consideracion of the sayd Commissioners is the viollent and undue proceedinge of the sayd Grand Jury after they were sworne, which will appeare by these particulers.

First, it wilbe found, if matters be examined uppon oath, that noe evidence was delivered to the Grand Jury against the said Phelim but the examinacion of Nicholas Notter, a man that hath beene a common and notorious theafe, and whoe was prosecuted soe hard by the sayd Phelim for stealeing of seaven cowes and five garrans from his tenants as he was forced to flye that countrey, and being further pursued by the said Phelim had noe way to secure himselfe but by accuseing of Phelim. And this was a fitt man found out to give evidence to such a foreman of the jury as Sir James Fitz Pierse against the said Phelim.

Secondly, if Sir Henry Bellings were heere to be examined uppon oath, he could not deny but that the Right Honorable the Lord Cheefe Justice being doubtfull of what creditt this evidence would be to the jury, the said Sir Henry desired the Lord Cheefe Justice to syne the bill, and he would undertake the findeing of it, which the said Phelim doth hope that the Lord Cheefe Justice cannot forgett, being soe fresh in his memory. And as for the former words spoaken by him to Sir James Fitz Pierse, the said Phelim will not trouble your Lordships with replicacion of them.

Thirdly, the eyes of great men were soe fixed uppon the successe of this busines, as two severall paquetts were dispatched to Wicklowe about it, during the tyme of the tryall, and these were sent for the more expedicion by William Greame, one of the Right Honorable the Lord Deputie’s chamber, and who is a professed enemy to the said Phelim and his family; and the said William had two or three horses sett by the way, to returne with more expedicion with the newes of the sayd verditt.

The third thing which the said Phelim doth offer unto the consideracion of the said Commissioners is the proceedings which were held after the bill was found, which wilbe scene in these particulars:

The first thing which happened after the bill was found by the said Grand Jury was the sudden death of the said Phelim’s wife, who though in perfect health at the tyme of the said tryall, yet when she perceived the courses which were taken against her said husband, and her five sons, and that theire professed and knowne enemies were the pryme and leading men of the said jury, shee was soe overwhelmed with greefe as her heartstrings brake, and shee died within some two days after. And after that she was interred by the space of three weekes, or thereabouts, the body (contrary to all lawe and justice) was digged upp, in the presence of Mr. Fox, who is Vicar of Wicklowe, and taken out of the ground in a most barbarous and inhuman manner. And this shamefull act (which is without example) was done (as the authors pretend) by direccion from publique authoritie, which the sayd Phelim doth humbly desire may be inquired after.

Secondly, the advcrsaryes of the said Phelim were soe thirstie after his bloud, and soe impatient of delay as the terme was hastened, before the usual tyme, to noe other end (as is conceived by the most of that kingdome) but to make a quick dispatch of the sayd Phelim and his sons; for the Courts did sitt some seaven or eight dayes before the returne of any writt except it was the venire facias which was for the tryall of the said Phelim and his sonnes, which being stayed by his Majestie’s most gracious Commission, the said Courts had nothing to doe untill the ordinary tyme of the returne of writts was come.

Thirdly, there have beene some (which is a fearefull thing to be thought of) executed in this citty [Dublin] by martiall lawe in or about terme tyme, when the Courts of Justice have been open, who were never brought to publique tryall, to the shame of justice. And some of these, in the hearing of thousands, have declared at the tyme of theire death, which was not an hower to dissemble with God or the world, that they could not doe that service against Phelim or any of his sons, which was desired of them, and that they knew nothing whereof to accuse Phelim, nor his sons, concerning Morrogh Baccogh; as John O’Toole, who was lately executed heere in towne by marshall lawe, and divers others who suffered in the countrey.

And what doe these extraordinary courses pretend, but that the ruine of the sayd Phelim and his posteritie was aymed at by the Lord Deputy, whose master-peece hath beene for these two last yeares to rack matter against the said Phelim and his sons out of prisons and dungeons, as will appeere more particulerly by that which followeth.

The fourth thing which the said Phelim doth offer unto the consideracion of the Courts is the preparing of convicted or attainted persons for that tryall to accuse the sayd Phelim and his sons. And these wilbe either such who have refused to be drawne by promises and rewards to accuse the said Phelim and his sons, or such who have beene drawne by promises and rewards to accuse them, or who are of that base and tainted condicion, as the lawe and justice doth reject theire testimony.

The names of such who could not be drawne to accuse Phelim and his sons:

Cahir McBryen, of Ballydonnellstone, was committed by the above named Sir Henry Bellings, for not chargeing Phelim and his sons, and when the sayd Sir Henry could not drawe him thereunto, neither by the threats nor promises of rewards, the said Sir Henry sett him at libertie for a nagg of fowre pounds price.

Donogh Corrin, of Ticollin, in the county of Catherlogh, being apprehended by the said Sir Henry and brought before the Lord Deputy, was sett at libertie when he could not persuade him to accuse Phelim nor his sons.

Melaghlin McDonoghoge, of Phyanagh in Ranelagh, was examined and promised great matters by Sir Henry Bellings, if that he would accuse Phelim and his sons, but the sayd Sir Henry not being able to tempt him, he sett him at liberty on some equivalent reward.

Edmond McDermott was in like sort tempted by the sayd Sir Henry Bellings, and released for a nagg, when he could not be drawne to accuse Phelim or his sons.

Tirlogh McGarrett was used in the same nature by the sayd Sir Henry Bellings, who likewise received a nagg of him, as will be proved.

Donogh McPhillipp was likewise in dure[ance] for the same cause, untill he purchased his enlargement of the sayd Sir Henry Bellings for a garran.

Lysagh McMurtagh Birne being apprehended by the aforesaid William Graham, who offered him rewards, and the favour of the Lord Deputy, if that he would accuse Phelim and his sons; but the said Lysagh, protesting that he knew nothing by them, purchased his peace of the said Graham for seaven pounds which he payd unto him.

Tirlogh McFardorogh being apprehended by the said William Greames and his servants, was promised the favor of the Lord Deputy, and that his Lordship would make him a man, if that he would joyne with his brother Garrald in accuseing Phelim and his sons; but being not able to perswade with him, he suffered him to goe at large; and with this the said Phelim did charge the said Greames before the Lord Deputy at the Councell table, but little notice [was] taken thereof at that time.

And whether this be not a poysoning of justice, contrary to the wholesome lawes and justice of this kingdome, at the very fountain head, whence nothing but bitter waters can be expected, the sayd Phelim doth humbly leave to the consideracion of the sayd Commissioners.

The names of those who have beene drawne by promises of rewards to accuse the said Phelim and his sons:

Nicholas Notter, whose examinacion was the onely evidence which was given to the Grand Jury as aforesayd was furnished with apparell, and other necessaryes, for doeing that service, and this (as the said Phelim hath good cause to thinke) from some such tempter.

Lysagh Duffc McLaughlin hath beene a comon theefe and being prosecuted at the last Assizes at Wicklowe, by Luke Birne, who is nephew to the said Phelim, for stealeing of a horse, and condemned for the same, did, in mallice, and to save his owne life, undertake to accuse the said Phelim; for which service he was sett at libertie, and well cloathed for the same, with allowance of meate and drinke.

Gerrald McFardorogh is brother-in-law to Shane Bane, who was apprehended by Hugh McPhelim, being in Rebellion, and thereuppon executed; for which he doth charge Phelim and his sons. And for pretending this service the sayd Gerrald hath the liberty of the Castle and his diett.

Edmond McDouell Ena hath beene a common theefe and severall tymes indicted and tryed for the same, as may appeare by the severall records thereof ready to be produced, and being found guilty of severall offences at the last Assizes at Wicklowe, desired the benefitt of his booke, which being tendred unto him, he could not reade, and thereuppon was adjudged to dye; but the said Edmond promiseing to doe service against Phelim and his sons, his booke was tendred unto him the next day, and had the benefitt thereof, though he could not reade therein, nor cannott at this tyme.

And how dangerous it may be to the subject that they who shall undertake to accuse others should receive countenance from him who represents the person of the King, the sayd Phelim leaveth to the consideracion of the said Commissioners.

The excepcions of the sayd Phelim against the rest are as just; for they are excepcions which the lawe doth take, and not of the sayd Phelim’s frameinge, as will appeare by that which followeth.

Edmond Duffe being presented by the wife of John Wolverston, for burglary committed since the sayd John went last into England, and being brought to the gallowes by her prosecution, it was demaunded of him whether he would doe service; and to have his life, being then ready to be turned off the gibbett, he undertooke to accuse Phelim and his sonnes, or some of them.

Theige Mc Walter hath beene a common and notorious theefe, and arraigned foure severall tymes at one Sessions, and kept in close prison, untill hope of a pardon did draw him to accuse Phelim and his sons.

Dermott O’Toole hath beene a comon theefe, and these three yeares hath beene in prison and questioned for severall stealthes, and robberyes, whoe hath noe way to save his life but to accuse Phelim and his sons, or some of them.

Walter Butler is a man that hath beene in Rebellion, and to save his life hath accused Phelim and his sons, or some of them.

Shane Duffe McTeige, who is one of Phelim’s accusers, is a man of an ill and lascivious life, having compacted with the Divell, and many tymes in familiar conference with the Divell, as the sayd Shane hath confessed before many. And of as ill and notorious a life is Bryne Albanagh, his son, whoe is another that doth pretend to doe service (as they terme it) on the sayd Phelim and his sons.

Cahir Reaogh, of Kilballow, is one who hath beene always mallitiously bent against the said Phelim, and brought in Sir Richard Greames, the father of the abovenamed Wm. Greames, into that territory, and procured the sayd Sir Richard to passe a great proporcion of the said Phelim’s lands, a parte whereof the said Cahir hath now in his possession, and to that end would be gladd that Phelim and his sons were cutt off, lest in time they might question him for the said lands.

Owen, alias Owne, McMurrogh Birne, having fledd the kingdome for some criminall offence, was apprehended uppon his returne, and being brought before the Lord Deputy was committed by his Lordship's direccions, and soone after put uppon the rack, which he endured at that tyme with much torture; but [in] his weakenes remembring his former tortures, did yeald in the end to accuse the said Phelim and his sonnes, or some of them.

And whether these be fitt or competent witnesses to convict the sayd Phelim and his sons, or whether it be likely that the sayd Phelim should committ the great designes and ill purposes as he is charged with to the secrecy of such ministers as these, and should not labour to draw into his faccion a more likely party, the said Phelim doth humbly offer to the consideracion of the said Commissioners, before whom he doth protest, as in the presence of Him who knoweth all secretts, that he never harbored the least thought of those horrible offences, which he is charged with; neither was there any provocacion to him thereunto, his late Majesty having signified his pleasure by fowre severall lettres that the said Phelim should intirely enjoy all such lands as his father died seised of, or was reputed to dye seised of; and his Majesty, that now is, haveing by the advise of all his Lords of his Councell, and the opinion of the Commissioners for Irish Affayres, signed two severall bills for the setling of all the sayd lands uppon the said Phelim and his sons, which being altered uppon the informacion of these great persons, who have desired to make themselves lords of the sayd territory, they thought themselves engaged to cast what aspersions they could uppon the sayd Phelim and his sons, who since the tyme that the heire of Sir Terence O’Dempsy (whose daughter was questioned for her life by the said Phelim’s sonns) was married to the Right Honorable the Lord Deputye’s daughter¹, they found an eclipse of those favors which they were formerly wont to receive from his Lordship.

And this storme hath been increased by reason of the late graunt, which the Right Honorable the Earle of Carlile did passe of the Birne’s Countrey in England, the envy whereof doth now fall heavy uppon the said Phelim and his said sons, who are supposed to be the cheefe instruments used by the sayd Earle therein. But now the sayd Phelim and his sons doe thanke God that theire great master hath taken these matters into his own royal consideracion and appointed your Lordships to be his delegates, to informe yourselfes of the premisses, and to make such a returne as the whole kingdome may have cause to blesse you and your posteritie for it.

And in regard it will be impossible for the sayd Phelim or his frends to make proofe of the former particulers, if that the same be divulged and come to the knowledge of theire adversaryes, the sayd Phelim doth desire your Lordships uppon his bended knees, to seale upp the same in secrecy, untill he shall make proofe of those matters which your Lordships doe most doubt of, and in the meane tyme to protect the sayd Phelim and his frends from the greatness of theire sayd adversaryes, who as in other things soe in this will labour to suppresse them. And they shall pray etc.

               Endorsed: The first Remonstrance.

¹Cleopatra Cary, daughter of Henry Viscount Falkland, was married to Christopher O’Dempsy, grandson of Sir Terence O’Dempsy, first Viscount Clanmalier.