There was one advantage incidental to the feudal law of primogeniture,
which did not belong to the Irish law of succession before or after
the institution of tanistry. In feudal law, the lawful successor might
be a child, an invalid, a demented person, and in some countries a
woman. In feudal law, as in Irish law, and in ancient law generally,
the ruler was also chief judge and chief military commander for his
people and territory. Each of Henry's feudal grantees in Ireland held
and exercised these functions. The kings of England themselves, from
William the Conqueror to Henry II. and the Saxon and Danish kings
before them, were judges and generals as well as chiefs of State. The
Irish law contemplated a ruler who was fitted in mind and body to
exercise these functions. The law of primogeniture often failed to
secure such fitness. At first sight, the Irish law seems to have the
advantage, but on closer consideration the case will appear otherwise.
If the ruler of the state combines in his own person the offices of
judge and military commander and performs these offices in person, as
well as the presidency of the public assembly, it follows that there
must be as many states and rulers as there are presidents of
assembly, judges of law, military commanders. And this is what we
actually find in ancient Ireland. Most of the modern baronies,
so-called, take the place of ancient kingdoms. The ruler being in the
people's mind fit to judge in litigation and to lead in war and to
preside over the assembly, and being unfit to rule as king when he
could not perform these functions, there was no place in so simple a
polity for ministers of State, and there was no regular delegation of
these important duties. I think it will be admitted that the
development of ministerial offices is one of the greatest phases in
political progress.
On the other hand, the feudal law of primogeniture, under which the
ruler at times might be a child, an idiot, or a weakling, rendered
ministers of State a necessity. When Norman feudalism came to Ireland,
it was just emerging from a condition similar to what it found in
Ireland, and so the domestic polity of Ireland called for no remark
from Giraldus, who was ready to find fault with anything, even with
the fact that the Irish reared their children in a natural way, and
succeeded admirably with it, instead of shaping their limbs and bodies
with swathings and bandages. In southern Italy, the Normans found the
civil service of the Byzantine emperors in operation; adopted it, and
from them it spread to Normandy and England. This transformation was
just taking place at the time of their invasion of Ireland, and was
providing them with an apparatus of statecraft which the Irish did not
possess.
Public-domain text, read in full here on John Shaqi.
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