Mr. Orpen gives an extended account of Irish law, with footnotes,
references, and all the apparatus of learned exposition, compelling
the respect and acquiescence of the less learned reader. Irish law, he
tells us, was merely consecrated custom; implying by contrast that
England and Normandy were at that time in the enjoyment of codes and
statute books. In Irish law, we are told, there were no crimes. No
breach of the law was regarded as an offence against the
common-wealth, to be punished by the executive power of the State. The
State did not interfere to enforce the law among the subjects. There
were, in fact, no penalties. Every offence, from homicide down to the
smallest breach of the peace was, in Irish law, merely a tort, a
matter for civil litigation between the offended and the offender, and
capable of being settled by an assessment of damages. But what was
worse still was this, that when judgment was given and the damages
assessed, there was no machinery for enforcing obedience to the
decree; in legal phraseology, the law had no sanction. Unpopularity,
the pressure of public opinion, some sort of boycotting, furnished the
only resource of making men amenable to the law and the decrees of the
courts. _Credo quia impossibile!_
It was not merely in twelfth-century Ireland that this wildly absurd
legal system might be discovered by Alice from Wonderland, even though
Giraldus Cambrensis completely failed to make a note of it. The thing
was an essential vice of Celtic barbarism, and could be found in full
bloom among the Gauls of Cæsar's time. Celts are impossible people,
and therefore quite capable of keeping an impossible and utterly
negative system of law in full operation for twelve centuries and
upwards. The child's game of playing at law-courts which Irish brehons
enjoyed in the twelfth century and afterwards had amused the druids of
Gaul before the Christian era; and Cæsar himself is called into the
witness-box. Certain forms of mental aberration are known to be
infectious, and this may explain why all the great feudal lords of
Ireland were fain in time to adopt this preposterous system of Celtic
law with all its apparatus. Here is what Cæsar says about the druids
and their judicature:
Public-domain text, read in full here on John Shaqi.
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