The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
The union of the Irish people lay in the absolute community of learning,
institutions, and law. Irish law was one of the most striking products of
Irish genius. If we know nothing of its beginnings, we see it as a body of
custom that spread over the entire country, varying not at all from
province to province. Highly finished, highly technical, worked on for
hundreds of years by successive commentators, it still remained the law of
the people, and claimed their allegiance—an allegiance could only have
been possible to a law founded on reason and justice, and expedient and
efficient in practice. If we take that which in an agricultural country
comes home to every peasant—the land system—the native law in Ireland was
equal, enduring, and respected. The farmer was assured a fair rent and
compensation for improvements. No chief in Ireland could molest the people
in their ancient privilege; he could neither evict them, nor take their
grazing-lands, nor make a forest waste and impose a forest law for his
hunting. Five hundred years after the Norman invasion Irish farmers
holding under the old Irish law were still paying the same rent that their
forefathers had paid centuries before. It is certain that no system can
wholly prevent misfortune, injustice, or usurpation; but there seems to
have been among the people a social content far beyond that in mediæval
England, a long security of farmers, a passionate belief in their land
system, an extraordinary tenacity in its defence against any other, and as
far as we can see no bitterness of classes. A satirist might mock at the
depth of the chief’s pocket, as deep as the pocket of the Church or of the
poet; but the Irish no more wanted to get rid of the chief than of the
poet or the priest. In Tudor times the only way in which a chief could be
absolutely alienated and divided from his people was by pledging him to
the English land system and government.
Public-domain text, read in full here on John Shaqi.
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