Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3) — John Shaqi
Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3)Bagwell, Richard
History
Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3)
Bagwell, Richard
Ireland -- History -- 16th century
[3] 'It is quite true,' says Dr. Sullivan, 'that the central power was
not always strong enough to enforce rights, and in many instances was
defeated in its attempt to do so. But in what does this differ from other
federal states, ancient and modern? The Emperors of Germany were not
always able to subdue and to enforce their decrees against the princes
and nobles of the Empire, and in numerous instances the decisions of the
imperial chancery might be regarded in precisely the same light--as mere
arbitrations. To say there was no law, properly speaking, seems to me
wholly irreconcilable with actual facts, and _especially with the
existence of a rich and elaborate nomenclature of native terms not
borrowed from Roman law_. This nomenclature implies an equally elaborate
machinery. It was the existence of this legal system which kept out the
canon law, which never, for instance, succeeded in suppressing or even
modifying the marriage customs. In discussing the laws and institutions
of early nations we are liable to go to one or other of two
extremes:--(1) We represent the laws, &c., in terms of modern law, by
which we make inchoate institutions full-grown, while the germs of a
legal system are represented as a fully developed code; or (2) we deny
the existence of all law and legislation. You are right I think as
regards the Church; for owing to the organisation of the old Celtic
Church it was perfectly acephalous. Whatever influence it did exert was
individual and never official, and, therefore, not continuous--it might
be described in fact as sporadic influence.'
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