_Irenæus_--It is a rule of right, unwritten, but delivered by tradition from one to another, in which oftentimes there appeareth great show of equity in determining the right between parties, but in many things repugning quite both to God's law and man's. As, for example, in the case of murder, the Brehon, that is, their judge, will compound between the murderer and the friends of the party murdered, which prosecute the action, that the malefactor shall give unto them or unto the child or wife of him that is slain, a recompence which they call an Eriarch. By which vile law of theirs many murders are made up and smothered. And this judge being, as he is called, the Lord's Brehon, adjudgeth, for the most part, a better share unto his Lord, that is the Lord of the soil, or the head of that sept, and also unto himself for his judgment, a greater portion than unto the plaintiffs or parties grieved.--Spenser's _View of the State of Ireland_. Spenser describes the system as he experienced it in active operation. Ancient written collections of the Brehon laws, however, existed and still exist. [293] By relation of ancient men in times past within remembrance, all the English lords and gentills within the pale heretofore kept retinues of English yeomen in their houses, after the English fashion, according to the extent of their lands, to the great strength and succour of their neighbours the king's subjects. And now for the most part they keep horsemen and knaves, which live upon the king's subjects; and keep in manner no hospitality, but live upon the poor.--The Council of Ireland to the Master of the Rolls, 1533: _State Papers_, Vol. II. p. 163. [294] _State Papers_, Vol. II. pp. 1, 5, 6. [295] _State Papers_, Vol. II. p. 14. [296] The deputy useth to make great rodes, journeys, and hostings, now in the north parts of Ulster, now in the south parts of Munster, now in the west parts of Connaught, and taketh the king's subjects with him by compulsion oft times, with victual for three or four weeks, and chargeth the common people with carriage of the same, and giveth licence to all the noble folk to cesse and rear their costs on the common people and on the king's poor subjects; and the end of that journey is commonly no other in effect, but that the deputy useth to receive a reward of one or two hundred kyne to himself, and so depart, without any more hurt to the king's enemies, after that he hath turned the king's subjects and the poor common folk to their charge and costs of two or three thousand pounds. And over that, the deputy, on his progress and regress, oppresseth the king's poor common folk with horse meat and man's meat to all his host. And over that, in summer, when grass is most plenty, they must have oats or malt to their horse at will, or else money therefor.