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
In the creation of this Peerage Henry proclaimed, in the most practical
manner possible, his determination to assimilate the laws and
institutions of Ireland to those of England. And the new made Earls,
forgetting their ancient relations to their clans—forgetting, as
O'Brien had answered St. Leger's first overtures three years before,
"that though he was captain of his nation he was still but one man," by
suing out royal patents for their lands, certainly consented to carry
out the King's plans. The Brehon law was doomed from the date of the
creation of the new Peers at Greenwich, for such a change entailed
among its first consequences a complete abrogation of the Gaelic
relations of clansman and chief.
By the Brehon law every member of a free clan was as truly a proprietor
of the tribe-land as the chief himself. He could sell his share, or the
interest in it, to any other member of the tribe—the origin, perhaps,
of what is now called tenant-right; he could not, however, sell to a
stranger without the consent of the tribe and the chief. The stranger
coming in under such an arrangement, held by a special tenure, yet if
he remained during the time of three lords he became thereby
naturalized. If the unnaturalized tenant withdrew of his own will from
the land he was obliged to leave all his improvements behind; but if he
was ejected he was entitled to get their full value. Those who were
immediate tenants of the chief, or of the church, were debarred this
privilege of tenant-right, and if unable to keep their holdings were
obliged to surrender them unreservedly to the church or the chief. All
the tribesmen, according to the extent of their possessions, were bound
to maintain the chief's household, and to sustain him, with men and
means, in his offensive and defensive wars. Such were, in brief, the
land laws in force over three-fourths of the country in the sixteenth
century; laws which partook largely of the spirit of an ancient
patriarchal justice, but which, in ages of movement, exchange, and
enterprise, would have been found the reverse of favourable to
individual freedom and national strength. There were not wanting, we
may be assured, many minds to whom this truth was apparent so early as
the age of Henry VIII. And it may not be unreasonable to suppose that
one of the advantages which the chief found in exchanging this
patriarchal position for a feudal Earldom would be the greater degree
of independence on the will of the tribe, which the new system
conferred on him. With the mass of the clansmen, however, for the very
same reason, the change was certain to be unpopular, if not odious. But
a still more serious change—a change of religion—was evidently
contemplated by those Earls who accepted the property of the
confiscated religious houses. The receiver of such estates could hardly
pretend to belong to the ancient religion of the country.
Public-domain text, read in full here on John Shaqi.
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