The Irish Race in the Past and the PresentThébaud, Augustus J.
History
The Irish Race in the Past and the Present
Thébaud, Augustus J.
Ireland -- History
Henry at last saw the necessity of adopting a milder policy, and
O'Connor dispatching to England Catholicus O'Duffy, Archbishop
of Tuam, Lawrence O'Toole, of Dublin, and Concors, Abbot of St.
Brendan, the Treaty of Windsor was concluded, which was really a
compromise, and yet remained the true law of the land for four
hundred years. It may be seen in Rymer's "Foedera."
Sir John Davies justly remarks that by the treaty "the Irish
lords only promised to become tributaries to King Henry II.; and
such as pay only tribute, though they are placed by Bodin in the
first degree of subjection, yet are not properly subjects, but
sovereigns; for though they be less and inferior to the princes
to whom they pay tribute, yet they hold all other points of
sovereignty.
"And, therefore, though King Henry had the title of Sovereign
Lord over the Irish, yet did he not put those things in
execution, which are the true marks of sovereignty.
"For to give laws unto a people, to institute magistrates and
officers over them, to punish or pardon malefactors, to have the
sole authority of making war or peace, are the true marks of
sovereignty, which King Henry II. had not in Ireland, but the
Irish lords did still retain all those prerogatives to
themselves. For they governed their people by the Brehon law;
they appointed their own magistrates and officers; . . . . they
made war and peace one with another, without control; and this
they did not only during the reign of Henry II., but afterward
in all times, even until the reign of Queen Elizabeth."
By an article of the treaty the Irish were allowed to live in
the Pale if they chose; and even there they could enjoy their
customs in peace, as far as the letter of the law went. Many
acts of Irish parliaments, it is true, were passed for the
purpose of depriving them of that right, but without success.
Edmund Spenser, himself living in the Pale in the reign of
Elizabeth, speaks as an eye-witness of "having seen their meeton
their ancient accustomed hills, where they debated and settled
matters according to the Brehon laws, between family and family,
township and township, assembling in large numbers, and going,
according to their custom, all armed."
Stanihurst also, a contemporary of Spenser, had witnessed the
breaking up of those meetings, and seen "the crowds in long
lines, coming down the hills in the wake of each chieftain, he
the proudest that could bring the largest company home to his
evening supper."
Public-domain text, read in full here on John Shaqi.
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