The original words of this part of the Act are worth quoting. They run
as follows: "Si nul Engleys ou Irroies entre eux memes encontre c'est
ordinance et de cei soit atteint soint sez terrez e tenez s'il eit
seizez en les maines son Seignours immediate, tanque q'il vèigne a un
des places nostre Seignour le Roy, et trove sufficient seurtee de
prendre et user le lang Englais."
One would like--merely as a matter of curiosity--to know what appliances
for the study of that not easiest of languages were provided, and before
what tribunal the student had to prove his proficiency in it. When, too,
we remember that English was still, to a great degree, tabooed in
England itself; that the official and familiar language of the Normans
was French, that French of which the Statutes of Kilkenny are themselves
a specimen, the difficulty of keeping within the law at this point must,
it will be owned, have been considerable.
"In all this it is manifest," says Sir John Davis, "that such as had the
government of Ireland did indeed intend to make a perpetual enmity
between the English and the Irish, pretending that the English should in
the end root out the Irish; which, the English not being able to do,
caused a perpetual war between the two nations, which continued four
hundred and odd years, and would have lasted unto the world's end, if in
Queen Elizabeth's reign the Irish had not been broken and conquered by
the sword."
It is easy to see that the very ferocity--as it seems to us the utter
and inconceivable ferocity--of these enactments is in the main a proof
of the pitiable and deplorable weakness of those who passed them, and to
this weakness we must look for their excuse, so far as they admitted of
excuse at all. Weakness, especially weakness in high places, is apt to
fall back upon cruelty to supply false strength, and a government that
found itself face to face with an entire country in arms, absolutely
antagonistic to and defiant of its authority, may easily have felt
itself driven by sheer despair into some such false and futile
exhibitions of power. The chief sufferers by these statutes were not the
inhabitants of the wilder districts, who, for the most part, escaped out
of reach of its provisions, beyond that narrow area where the Dublin
judges travelled their little rounds, and who were governed still--when
governed at all--by the Brehon laws and Brehon judges, much as in the
days of Brian Boru. The real victims were the unhappy settlers of the
Pale and such natives as had thrown in their lot with them, and who were
robbed and harassed alike by those without and those within. The feudal
system was one that always bore hardly upon the poor, and in Ireland the
feudal system was at its very worst. There was no central authority; no
one to interpose between the baronage and the tillers of the soil; and
that state of things which in England only existed during comparatively
short periods, and under exceptionally weak rulers, in Ireland was
Public-domain text, read in full here on John Shaqi.
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