The executive functions of the king and the relations of subordinate
to superior kings are well indicated in a law tract printed by Meyer
in _Eriu_. It deals with a case in which a plaintiff or creditor has a
claim to recover against a defendant or debtor who belongs to a
different State. The plaintiff's king has no jurisdiction over the
defendant. He must refer it to the next superior king, called "the
king of a major State." If the defendant is outside of this king's
jurisdiction, the major king must have recourse to the next higher
authority, traditionally called "the king of a fifth." This king, if
his jurisdiction does not extend to the defendant, must take the case
to the king of Ireland, whose duty it will then be to levy the claim.
From this it follows that, when the parties at litigation were both
subjects of the same petty king, it was his duty and function to give
effect to the law as between them.
The Irish Record Reports contain particulars of a class of State
papers, the Fiants, which, especially for the reign of Elizabeth,
contain lists of the principal followers of various Irish chiefs. No
one who examines these lists will entertain the illusion that the
people of an Irish territory were a homogeneous clan. In a single list
of the principal followers of O'Donnell, there are close on 150
distinct surnames, and among these the O'Donnells form a very small
fraction. With regard to occupation, in these lists we find gentlemen,
yeomen, husbandmen, surgeons, physicians, priests, rhymers, harpers,
pipers, goldsmiths, blacksmiths, tailors, butchers, carpenters,
masons, etc., and on the military side, horsemen, kerns, and
galloglasses.
There is no doubt that life in ancient Ireland was for the most part
rural life. It did not reach that social intensity and complexity
which are peculiar to towns and to countries in which town life is
dominant. Nevertheless it was probably as high a development of rural
life as any country had produced in any age.
What I have said about Irish institutions has of necessity taken often
the form of an apologia; of necessity, because I have found the
balance heavily weighted down. But, one may object, there must have
been some radical defect in this ancient civilisation, otherwise its
inherent soundness would have been more secure against either castles
or saltpetre. How came it that a brave and intelligent and energetic
people did not keep itself in the forefront of western development?
Public-domain text, read in full here on John Shaqi.
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