A Popular History of Ireland : from the Earliest Period to the Emancipation of the Catholics — CompleteMcGee, Thomas D'Arcy
History
A Popular History of Ireland : from the Earliest Period to the Emancipation of the Catholics — Complete
McGee, Thomas D'Arcy
Ireland -- History
The civil administration of the colonists passing into different hands
every three or four years, suffered from the absence of permanent
authority. The law of the marches was, of necessity, the law of the
strong hand, and no other. But _Cambrensis_, whose personal prejudices
are not involved in this fact, describes the walled towns as filled
with litigation in his time. "There was," he says, "such _lawing_ and
vexation, that the veteran was more troubled in _lawing_ within the
town than he was in peril at large with the enemy." This being the
case, we must take with great caution the bold assertions so often made
of the zeal with which the natives petitioned the Henrys and Edwards
that the law of England might be extended to them. Certain Celts whose
lands lay within or upon the marches, others who compounded with their
Norman invaders, a chief or prince, hard pressed by domestic enemies,
may have wished to be in a position to quote Norman law against Norman
spoilers, but the popular petitions which went to England, beseeching
the extension of its laws to Ireland, went only from the townsmen of
Dublin, and the new settlers in Leinster or Meath, harassed and
impoverished by the arbitrary jurisdiction of manorial courts, from
which they had no appeal. The great mass of the Irish remained as
warmly attached to their Brehon code down to the seventeenth century as
they were before the invasion of Norman or Dane. It may sound barbarous
to our ears that, according to that code, murder should be compounded
by an _eric_, or fine; that putting out the eyes should be the usual
punishment of treason; that maiming should be judiciously inflicted for
sundry offences; and that the land of a whole clan should be equally
shared between the free members of that clan. We are not yet in a
position to form an intelligent opinion upon the primitive
jurisprudence of our ancestors, but the system itself could not have
been very vicious which nourished in the governed such a thirst for
justice, that, according to one of their earliest English law
reformers, they were anxious for its execution, even against
themselves.
The distinction made in the courts of the adventurers against natives
of the soil, even when long domiciled within their borders, was of
itself a sufficient cause of war between the races. In the eloquent
letter of the O'Neil to Pope John XXII.—written about the year 1318—we
read, that no man of Irish origin could sue in an English court; that
no Irishman, within the marches, could make a legal will; that his
property was appropriated by his English neighbours; and that the
murder of an Irishman was not even a felony punishable by fine. This
latter charge would appear incredible, if we had not the record of more
than one case where the homicide justified his act by the plea that his
victim was a mere native, and where the plea was held good and
sufficient.
Public-domain text, read in full here on John Shaqi.
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