92
CONFISCATION IN IRISH HISTORY
Incidentally we may remark, as illustrating the confusion as to rights of property, that three distinct claims were set up, namely, that the district in dispute, the lands of Ranelagh and Cosha—the modern Glenmalure and the country around Aughrim and Tinahely—(a) belonged to Phelim Mac Pheagh O'Byrne, (b) belonged to the freeholders, i.e., the O'Byrne clansmen, (c) belonged to the King.[1]
However, projects for the plantation of that part of Wicklow known as Crioch Brannach or Byrnes' Country were put forward from time to time.[2] Lord Carlisle was one of the movers in
- ↑ The whole controversy, first as between Phelim and the freeholders, secondly between both parties and the King, can be followed out in the Cal. of St. Paps. The lands claimed by Phelim, i.e., the territories of that branch of the O'Byrnes called the Gavel Rannell, must be carefully distinguished from the rest of the clan territory, the coast district from Delgany to near Arklow alluded to in the Calendars as "Byrnes' Country," in Irish Crioch Brannach. Points to be noted are: that Phelim undoubtedly tried to seize the clan lands, and asserted that he had four times obtained letters from James and twice from Charles to that effect; that he and his sons ultimately retained possession of part of the lands, although various planters, notably a Scotchman named Graeme got some: that the lands of "Byrnes' country" were held to be the property of the freeholders and that much of this district was granted to Parsons and others since many of the freeholders had perished in rebellion under Elizabeth; and that there are repeated instructions in the State Papers to pass the rest to the freeholders. Cal. Pat. Rolls. Jas. I. has on page 90 a grant of certain lands to Phelim, and of a rent of £100 old money of England out of the territory of Ranelagh and Pubble Kilcamman, which rent is payable by the free tenants and ter tenants in money or cattle.
- ↑ Cal. St. Paps., 1628, pp. 330, 380, 395; 1631, p. 604. Also in vol. 1647—60; Addenda, 1625—60, p. 338. The Cal. of Pat. Rolls Jas. I. has on p. 465 a surrender of lands in Byrnes' country by about 140 natives, besides some Palesmen and English. (17th James), ibid. p. 521 (19th James) there is a grant to Sir L. Esmond of lands both in Byrnes' country and in Cosha; but he is to regrant to the free tenants according to the proportions directed by the inquisition taken in the Co. Wicklow.
