CHAPTER VI.

THE IRISH FREE CLANS AND ANGLO-NORMAN FEUDALISM.

The Danes were subdued, and the Irish at liberty to go on

weaving the threads of their history--though, in consequence of

the local wars, they had lost the concentrating power of the Ard-

Righ--when treachery in their own ranks opened up the way for a

far more serious attack from another branch of the great

Scandinavian family--the Anglo-Norman.

The manners of the people had been left unchanged; the clan

system had not been altered in the least; it had stood the test

of previous revolutions; now it was to be confronted by a new

system which had just conquered Europe, and spread itself round

about the apparently doomed island. Of all places it had taken

deep root in England, where it was destined to survive its

destruction elsewhere in the convulsions of our modern history.

That system, then in full vigor, was feudalism.

In order rightly to understand and form a correct judgment on

the question, and its mighty issues, we must state briefly what

the chief characteristics of feudalism were in those countries

where it flourished.

The feudal system proceeded on the principle that landed

property was all derived from the king, as the captain of a

conquering army; that it had been distributed by him among his

followers on certain conditions, and that it was liable to be

forfeited if those conditions were not fulfilled.

The feudal system, moreover, politically considered, supposed

the principle that all civil and political rights were derived

from the possession of land; that those who possessed no land

could possess neither civil nor political rights--were, in fact,

not men, but villeins.

Consequently, it reduced nations to a small number of landowners,

enjoying all the privileges of citizenship; the masses,

deprived of all rights, having no share in the government, no

opportunity of rising in the social scale, were forever

condemned to villeinage or serfdom.

Feudalism, in our opinion, came first from Scandinavia. The

majority of writers derive it from Germany. The question of its

origin is too extensive to be included within our present limits,

and indeed is unnecessary, as we deal principally with the fact

and not with its history.

When the sea-rover had conquered the boat of an enemy, or

destroyed a village, he distributed the spoils among his crew.

Every thing was handed over to his followers in the form of a

gift, and in return these latter were bound to serve him with

the greatest ardor and devotedness. In course of time the idea

of settling down on some territory which they had devastated and

depopulated, presented itself to the minds of the rovers. The

sea-kong did by the land what he had been accustomed to do by

the plunder: he parcelled it out among his faithful followers--

fideles--giving to each his share of the territory. This was

called feoh by the Anglo-Saxons, who were the first to carry out

the system on British soil, as Dr. Lingard shows. Thus the word

fief was coined, which in due time took its place in all the

languages of Europe.

The giver was considered the absolute owner of whatever he gave,

as is the commander of a vessel at sea. It was a beneficium

conferred by him, to which certain indispensable conditions were

attached. Military duty was the first, but not the only one of

these. Writers on feudalism mention a great number, the

nonfulfilment of which incurred what was called forfeiture.

In countries where the pirates succeeded in establishing

themselves, all the native population was either destroyed by

them, as Dudo tells us was the case in Normandy, or, as more

frequently happened, the sword being unable to carry destruction

so far, the inhabitants who survived were reduced to serfdom,

and compelled to till the soil for the conquerors; they were

thenceforth called villeins or ascripti glebae. It is clear that

such only as possessed land could claim civil and political

rights in the new states thus called into existence. Hence the

owning of land under feudal tenure was the great and only

essential characteristic of mediaeval feudalism.

This system, which was first introduced into Britain by the

Anglo-Saxons, was brought to a fixed and permanent state by the

Normans--followers of William the Conqueror; and, when the time

came for treachery to summon the Norman knights to Irish soil,

the devoted island found herself face to face with an iron

system which at that period crushed and weighed down all Europe.

The Normans had now been settled in England for a hundred years;

all the castles in the country were occupied by Norman lords;

all bishopries filled by Norman bishops; all monasteries ruled

by Norman abbots. At the head of the state stood the king, at

that time Henry II. Here, more than in any other country in

Europe, was the king the key-stone to the feudal masonry. Not an

inch of ground in England was owned save under his authority, as

enjoying the supremum dominium. All the land had been granted by

his predecessors as fiefs, with the right of reversion to the

crown by forfeiture in case of the violation of feudal

obligations. Here was no allodial property, no censitive

hereditary domain, as in the rest of, otherwise, feudal Europe.

All English lawyers were unanimous in the doctrine that the king

alone was the true master of the territory; that tenure under

him carried with it all the conditions of feudal tenure, and

that any deed or grant proceeding from his authority ought to be

so understood.

The south-western portion of Wales was occupied by Norman lords,

Flemings for the most part. Two of these, Robert Fitzstephens

and Maurice Fitzgerald, sailed to the aid of the Irish King of

Leinster. They were the first to land, arriving a full year

before Strongbow.

Strongbow came at last. The conditions agreed on beforehand

between himself and the Leinster king were fulfilled. He was

married to the daughter of Dermod McMurrough, chief of Leinster,

acknowledged Righ Dahma, that is, successor to the crown, while

the Irish, accustomed for ages to admire valor and bow

submissively to the law of conquest, admitted the claim. The

English adventurer they looked upon as one of themselves by

marriage. Election in such a case was unnecessary, or rather,

understood, and Strongbow took the place which was his in their

eyes by right of his wife, of head under McMurrough of all the

clans of Leinster.

When, a little later, came Henry II. to be acknowledged by

Strongbow as his suzerain, and to receive the homage of the

presumptive heir of Leinster, submission to him was, in the

eyes of the Irish, merely a consequence of their own clan system.

They understood the homage rendered to him in a very different

sense from that attached to it by feudal nations; and had they

had an inkling of the real intentions of the new comers, not one

of them would have consented to live under and bow the neck to

such a yoke.

In fact, on the small territory where those great events were

enacted, two worlds, utterly different from each other, stood

face to face. Cambrensis tells us that the English were struck

with wonder at what they saw. The imperialism of Rome had never

touched Ireland. The Danes, opposed so strenuously from the

outset, and finally overcome, had never been able to introduce

there their restrictive measures of oppression. The English

found the natives in exactly the same state as that in which

Julius Caesar found the Gauls twelve hundred years before,

except as to religion--the race governed patriarchally by

chieftains allied to their subordinates by blood relationship;

no unity in the government, no common flag, no private and

hereditary property, nothing to bind the tribes together except

religion. It was not a nation properly, but rather an

agglomeration of small nations often at war each with each, yet

all strongly attached to Erin-- a mere name, including,

nevertherless, the dear idea of country --the chieftains

elective, bold, enterprising; the subordinates free, attached to

the chief as to a common father, throwing themselves with ardor

into all his quarrels, ready to die for him at any moment.

Around chief and clansmen circled a large number of brehons,

shanachies, poets, bards, and harpers--poetry, music, and war

strangely blended together. The religion of Christ spread over

all a halo of purity and holiness; large monasteries filled with

pious monks, and convents of devout and pure virgins abounded;

bishops and priests in the churches chanting psalms, each

accompanying himself with a many-stringed harp, gave forth sweet

harmony, unheard at the time in any other part of the world.

A most important feature to be considered is their understanding

of property. Hereditary right of land with respect to

individuals, and the transmission of property of any kind by

right of primogeniture, were unknown among them. If a specified

amount of territory was assigned to the chieftain, a smaller

portion to the bishop, the shanachy, head poet, and other civil

officers each in his degree, such property was attached to the

office and not to the man who filled it, but passed to his

elected successor and not to his own children; while the great

bulk of the territory belonged to the clan in common. No one

possessed the right to alienate a single rood of it, and, if at

times a portion was granted to exiles, to strangers, to a

contiguous clan, the whole tribe was consulted on the subject.

Over the common land large herds of cattle roamed--the property

of individuals who could own nothing, except of a movable nature,

beyond their small wooden houses.

This state of things had existed, according to their annals, for

several thousand years. Their ancestors had lived happily under

such social conditions, which they wished to abide in and hand

down to their posterity.

Foreign trade was distasteful to them; in fact, they had no

inclination for commerce. Lucre they despised, scarcely knowing

the use of money, which had been lately introduced among them.

Yet, being refined in their tastes, fond of ornament, of wine at

their feasts, loving to adorn the persons of their wives and

daughters with silk and gems, they had allowed the Danes to

dwell in their seaports, to trade in those commodities, and to

import for their use what the land did not produce.

Those seaport towns had been fortified by the Northmen on their

first victories when they took possession of them. Throughout

the rest of the island, a fortress or a large town was not to be

seen. The people, being all agriculturists or graziers, loved to

dwell in the country; their houses were built of wattle and clay,

yet comfortable and orderly.

The mansions of the chieftains were neither large architectural

piles, nor frowning fortresses. They bore the name of raths when

used for dwellings; of duns when constructed with a view to

resisting an attack. In both cases, they were, in part under

ground, in part above; the whole circular in form, built

sometimes of large stones, oftener of walls of sodded clay.

Instead of covering their limbs with coats of mail, like the

warriors of mediaeval Europe, they wore woollen garments even in

war, and for ornaments chains or plates of precious metal. The

Norman invaders, clad in heavy mail, were surprised, therefore,

to find themselves face to face with men in their estimation

unprotected and naked. More astonished were they still at the

natural boldness and readiness of the Irish in speaking before

their chieftains and princes, not understanding that all were of

the same blood and cognizant of the fact.

Still less could they understand the freedom and familiarity

existing between the Irish nobility and the poorest of their

kinsmen, so different from the haughty bearing of an aristocracy

of foreign extraction to the serfs and villeins of a people they

had conquered.

The two nations now confronting each other had, therefore,

nothing in common, unless, perhaps, an excessive pertinacity of

purpose. The new comers belonged to a stern, unyielding,

systematic stock, which was destined to give to Europe that

great character so superior in our times to that of southern or

eastern nations. The natives possessed that strong attachment to

their time-honored customs, so peculiar to patriarchal tribes,

in whose nature traditions and social habits are so strongly

intermingled, that they are ineradicable save by the utter

extirpation of the people.

And now the characteristics of both races were to be brought out

in strong contrast by the great question of property in the soil,

which was at the bottom of the struggle between clanship and

feudalism. The Irish, as we have seen, knew nothing of

individual property in land, nor of tenure, nor of rent, much

less of forfeiture. They were often called upon by their

chieftains to contribute to their support in ways not seldom

oppressive enough, but the contributions were always in kind.

A new and very different system was to be attempted, to which

the Irish at first appeared to consent, because they did not

understand it, attaching, as they did, their own ideas to words,

which, in the mouths of the invaders, had a very different

meaning.

With the Irish "to do homage" meant to acknowledge the

superiority of another, either on account of his lawful

authority or his success in war; and the consequences of this

act were, either the fulfilment of the enactments contained in

the "Book of Rights," or submission to temporary conditions

guaranteed by hostages. But that the person doing homage became

by that act the liegeman of the suzerain for life and

hereditarily in his posterity, subject to be deprived of all

privileges of citizenship, as well as to the possibility of

seeing all his lands forfeited, besides many minor penalties

enjoined by the feudal code which often resolved itself into

mere might--such a meaning of the word homage could by no

possibility enter the mind of an Irishman at that period.

Hence, when, after the atrocities committed by the first

invaders, who respected neither treaties nor the dictates of

humanity, not even the sanctuary and the sacredness of religious

houses, Henry II. came with an army, large and powerful for that

time, the Irish people and their chieftains, hoping that he

would put an end to the crying tyranny of the Fitzstephens,

Fitzgeralds, De Lacys, and others, went to meet him and

acknowledge his authority as head chieftain of Leinster through

Strongbow, and, perhaps, as the monarch who should restore peace

and happiness to the whole island. McCarthy, king of Desmond,

was the first Irish prince to pay homage to Henry.

While the king was spending the Christmas festivities in Dublin,

many other chieftains arrived; among them O'Carrol of Oriel and

O'Rourke of Breffny. Roderic O'Connor of Connaught, till then

acknowledged by many as monarch of Ireland, thought at first of

fighting, but, as was his custom, he ended by a treaty, wherein,

it is said, he acknowledged Henry as his suzerain, and thus

placed Ireland at his feet. Ulster alone had not seen the

invaders; but, as its inhabitants did not protest with arms in

their hands, the Normans pretended that from that moment they

were the rightful owners of the island.

Without a moment's delay they began to feudalize the country by

dividing the land and building castles. These two operations,

which we now turn to, opened the eyes of the Irish to the

deception which had been practised upon them, and were the real

origin of the momentous struggle which is still being waged

today.

Sir John Davies, the English attorney-general of James I., has

stated the whole case in a sentence: "All Ireland was by Henry

II. cantonized among ten of the English nation; and, though they

had not gained possession of one-third of the kingdom, yet in

title they were owners and lords of all, so as nothing was left

to be granted to the natives."

McCarthy, king of Desmond, had been the first to acknowledge the

authority of Henry II., yet McCarthy's lands were among the

first, if not the first, bestowed by Henry on his minions. The

grant may be seen in Ware, and it is worthy of perusal as a

sample of the many grants which followed it, whereby Henry

attempted a total revolution in the tenure of land. The charter

giving Meath to De Lacy was the only one which by a clause

seemed to preserve the old customs of the country as to

territory; and yet it was in Meath that the greatest atrocities

were committed.

Yet one difficulty presented itself to the invaders: their

rights were only on paper, whereas the Irish were still in

possession of the greatest part of the island, and once the real

purpose of the Normans showed itself, they were no longer

disposed to submit to Henry or to any of his appointed lords.

The territory had to be wrested from them by force of arms.

The English claimed the whole island as their own. They were, in

fact, masters only of the portion occupied by their troops; the

remainder was, therefore, to be conquered. And if in Desmond,

where the whole strength of the English first fell, they

possessed only a little more than one-fourth of the soil, what

was the case in the rest of the island, the most of which had

not yet seen them?

Long years of war would evidently be required to subdue it, and

the systematic mind of the conquerors immediately set about

devising the best means for the attainment of their purpose. The

lessons gathered from their continental experience suggested

these means immediately; they saw that by covering the country

with feudal castles they could in the end conquer the most

stubborn nation. A thorough revolution was intended. The two

systems were so entirely antagonistic to each other that the

success of the Norman project involved a change of land tenure,

laws, customs, dress--every thing. Even the music of the bards

was to be silenced, the poetry of the files to be abolished, the

pedigrees of families to be discontinued, the very games of the

people to be interrupted and forbidden. A vast number of castles

was necessary. The project was a fearful one, cruel, barbarous,

worthy of pagan antiquity. It was undertaken with a kind of

ferocious alacrity, and in a short time it appeared near

realization. But in the long run it failed, and four hundred

years later, under the eighth Henry, it was as far from

completion as the day on which the second Henry left the island

in 1171.

To show the importance which the invaders attached to their

system, and the ardor with which they set about putting it in

practice, we have only to extract a few passages from the old

annals of the islands; they are wonderfully expressive in their

simplicity:

"A.D. 1176. The English were driven from Limerick by Donnall

O'Brian. An English castle was in process of erection at Kells."-

-(Four Masters.)

"A.D. 1178. The English built and fortified a castle at Kenlis,

the key of those parts of Meath, against the incursions of the

Ulster men."--(Ware's Antiquities.)

"A.D. 1180. Hugh De Lacy planted several colonies in Meath, and

fortified the country with many castles, for the defence and

security of the English."--(Ibid.)

Such enumerations might be prolonged indefinitely; we conclude

with the following entry taken from the Four Masters:

"A.D. 1186. Hugh De Lacy, the profaner and destroyer of many

churches, Lord of the English of Meath (the Irish cannot call

him their lord), Breffni, and Oirghialla, he who had conquered

the greater part of Ireland for the English, and of whose

English castles all Meath, from the Shannon to the sea, was full,

after having finished the castle of Der Magh, set out

accompanied by three Englishmen to visit it . . . . One of the

men of Tebtha, a youth named O'Miadhaigh, approached him, and

with an axe severed his head from his body."

So wide-reaching and comprehensive was the plan of the invaders

from the beginning that they felt confident of holding

possession of Ireland forever; and to effect this they must

certainly have intended to destroy or drive out the native race,

or at best to make slaves of as many of them as they chose to

keep. Thus they had prophecies manufactured for the purpose, and

Cambrensis, in his second book, chapter xxxiii., says

confidently: "Prophecies promise a full victory to the English

people. . . . and that the island of Hibernia shall be subjected

and fortified with castles--literally incastellated,

incastellatam--throughout from sea to sea."

Meanwhile, together with the building of castles, the partition

of the territory was being carried out. The ten great lords,

among whom, according to Sir John Davies, Henry II. had

cantonized Ireland, saw the necessity of giving a part of their

large estates to their followers that so they might occupy the

whole. McGeohegan compiles from Ware the best view of this very

interesting and comparatively unexplored subject. Curious

details are found there, showing that, with the exception of

Ulster, not only the geography, but even the most minute

topography of the country, had been well studied by those feudal

chieftains. Their characteristic love for system runs all

through these transactions.

But the Irish had now seen enough. The whole country was in a

blaze. That kind of guerilla war peculiar to the Celtic clans

began. The newly built castles were attacked and often captured

and destroyed. Strongbow was shut up and besieged in Water- ford,

which fell into the hands of the Danes. The latter sided

everywhere with the Irish. Limerick changed hands several times,

until Donnall O'Brian, who was left in possession, set fire to

it rather than see it fall again into the hands of the invaders.

In Meath, where the numerous castles of De Lacy were situated, a

war to the knife was being waged. O'Melachlin first tried

persuasion, but in conference with De Lacy he dared inveigh

loudly against the King of England, and, as his words must have

expressed the feelings of the great majority of the people, we

give them:

"Notwithstanding his promise of supporting me in the possession

of my wealth and dignities, he has sent robbers to invade my

patrimony. Avaricious and sparing of his own possessions, he is

lavish of those of others, and thus enriches libertines and

profligates who have consumed the patrimony of their fathers in

debauchery."

This manly protest was answered by the stroke of a dagger from

the hand of Raymond Legros, and, after being beheaded,

0'Melachlin was buried feet upward as a rebel.

The monarch himself, Roderic O'Connor, finally appeared on the

scene, beat the English at Thurles, and, marching into Meath,

laid the country waste.

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."

Here would be the proper place to speak of the Brehon law, which

remained thus in antagonism to feudal customs for several

centuries. Up to recently, however, only vague notions could be

given of that code. But at this moment antiquarians are revising

and studying it preparatory to publishing the "Senchus Mor" in

which the Irish law is contained. It is known that it existed

previous to the conversion of Ireland to Christianity, and that

the laws of tanistry and of gavelkind, the customs of gossipred

and of fostering, were of pagan origin. Patrick revised the code

and corrected what could not coincide with the Christian

religion. He also introduced into the island many principles of

the Roman civil and canon law, which, without destroying the

peculiarities natural to the Irish character, invested their

code with a more modern and Christian aspect.

Edmund Campian, who afterward died a martyr under Elizabeth,

says, in his "Account of Ireland," written in May, 1571: "They

(the Irish) speak Latin like a vulgar language, learned in their

common schools of leechcraft and law, whereat they begin

children, and hold on sixteen or twenty years, conning by rote

the aphorisms of Hippocrates, and the Civil Institutes, and a

few other parings of these two faculties. I have seen them where

they kept school, ten in some one chamber, grovelling upon

couches of straw, their books at their noses, themselves lying

prostrate, and so to chant out their lessons by piecemeal, being

the most part lusty fellows of twenty-five years and upward."

It was then after studies of from sixteen to twenty years that

the Brehon judge--the great one of a whole sept, or the inferior

one of a single noble family--sat at certain appointed times, in

the open air, on a hill generally, having for his seat clods of

earth, to decide on the various subjects of difference among

neighbors.

Sir James Ware remarks that they were not acquainted with the

laws of England. He might have better said, they preferred their

own, as not coming from cold and pagan Scandinavia, but from the

warm south, the greatest of human law-givers, the jurisconsults

of Old Rome, and the holy expounders of the laws of Christian

Rome.

What were those laws of England of which Ware speaks? There is

no question here of the common law which came into use in times

posterior to Henry II., and which the English derived chiefly

from the Christian civil and canon law; but of those feudal

enactments, which the Anglo-Normans endeavored to introduce into

Ireland, for the purpose of supplanting the old law and customs

of the natives.

There was, first, the law of territory, if we may so call it, by

which the supreme ruler became really owner of the integral soil,

which he distributed among his great vassals, to be

redistributed by them among inferior vassals.

There was the law of primogeniture, which even to this day

obtains in England, and has brought about in that country since

the days of William the Conqueror, and in Ireland since the

English "plantations" of the sixteenth and seventeenth centuries,

the state of things now so well known to Europe.

There was also the long list of feudal conditions to be observed,

by the fulfilment of which the great barons and their followers

held their lands. For their tenure was liable to homage and

fealty, as understood in the feudal sense, to wardships and

impediments to marriage, to fines for alienations, to what

English legists call primer seizins, rents, reliefs, escheats,

and, finally, forfeitures; this last was at all times more

strictly observed in England than in any other feudal country,

and by its enactments so many noble families have, in the course

of ages, been reduced to beggary, and their chiefs often brought

to the block. English history is filled with such cases.

The law of wardship, by which no minor, heir, or heiress could

have other guardian than the suzerain, and could not marry

without his consent, was at all times a great source of wealth

to the royal exchequer, and a correspondingly heavy tribute laid

on the vassal. So profitable did the English kings find this law,

that they speedily introduced it into Church affairs, every

bishop's see or monastery being considered, at the death of the

incumbent, as a minor, a ward, to be taken care of by the

sovereign, who enjoyed the revenues without bothering himself

particularly with the charges.

There were, finally, the hunting laws, which forbade any man to

hunt or hawk even on his own estate.

Such were the laws of England, which Sir James Ware complains

the Irish did not know.

In signing the treaty of Windsor, the English king had

apparently recognized in the person of Roderic O'Connor, and in

the Irish through him, the chief rights of sovereignty over the

whole island, except Leinster and, perhaps, Meath. But, at the

same time, a passage or two in the treaty concealed a meaning

certainly unperceived by the Irish, but fraught with mischief

and misfortune to their country.

First, Roderic O'Connor acknowledged himself and his successors

as liegemen of the kings of England; in a second place, the

privileges conceded to the Irish were to continue only so long

as they remained faithful to their oath of allegiance. We see

here the same confusion of ideas, which we remarked on the

meaning given to the word homage by either party. The natives of

the island understood to be liegemen and under oath in a sense

conformable to their usual ideas of subordination; the English

invested those words with the feudal meaning.

All the calamities of the four following centuries, and,

consequently, all the horrors of the times subsequent to the

Protestant Reformation, were to be the penalty of that

misunderstanding.

Let us picture to ourselves two races of men so different as the

Milesian Celts on the one side, and the Scandinavian Norman

French on the other, having concluded such a treaty as that of

Windsor, each side resolved to push its own interpretation to

the bitter end.

The English are in possession of a territory clearly enough

defined, but they are ever on the alert to seize any opportunity

of a real or pretended violation of it, in order to extend their

limits and subjugate the whole island. Yet they are bound to

allow the Brehon Irish to live in their midst, governed by their

own customs and laws. Moreover, they acknowledge that the former

great Irish lords of the very country which they occupy are not

mere Irish, but of noble blood; for, from the beginning, the

English recognized five families of the country, known as the

"five bloods," as pure and noble, in theory at least.

The Irish without the Pale are acknowledged as perfectly

independent, completely beyond English control, with their own

magistrates and laws, even that of war; subject only to tribute.

But, at the same time, this independence is rendered absolutely

insecure by the imposition of conditions, whose meaning is well

known and perfectly understood in all the countries conquered by

the Scandinavians, but utterly beyond the comprehension of the

Irish.

The consequence is clear: war began with the conclusion of the

treaty--a war which raged for four centuries, until a new and

more powerful incentive to slaughter and desolation showed

itself in the Reformation, ushered in by Henry VIII.

First came a general rebellion. This is the word used by

Ware, when John, a boy of twelve years of age, was dispatched by

his father Henry, with the title of Lord of Ireland, to receive

the submission of various Irish lords at Waterford, where he

landed. "The young English gentlemen," says Cambrensis, who was

a witness of the scene, "used the Irish chieftains with scorn,

because," as he says, "their demeanor was rude and barbarous."

The Irish naturally resented this treatment from a lad, as they

would have resented it from his father; and they retired in

wrath to take up arms and raise the whole land to "rebellion."

This solemn protest was not without effect in Europe. At the

beginning of the reign of Richard I., Clement III., on

appointing, by the king's request, William de Longchamps,

Bishop of Ely, as his legate in England, Wales, and Ireland,

took good care to limit the authority of this prelate to those

parts of Ireland which lay under the jurisdiction of the Earl

of Moreton-- that is, of John, brother to Richard. He had power

to exercise his jurisdiction "in Anglia,, Wallia, et illis

Hiberniae partibus in quibus Joannes Moretonii Comes potestatem

habet et dominium."--(Matth. Paris.) It would seem, then, that

Clement III. knew nothing of the bull of Adrian IV.

The war, as we said, was incessant. England finally so despaired

of conquering the country, that some lords of the court of Henry

VI. caused him to write letters to some of his "Irish enemies,"

urging the latter to effect the conquest of the island in the

king's name. This was assuredly a last resource, which history

has never recorded of any other nation warring on a rival. But

even in this England failed. Those lords--the "Irish enemies" of

King Henry VI.--sent his letters to the Duke of York, then Lord-

Lieutenant, "and published to the world the shame of England."--

(Sir John Davies.)

The result was that, at the end of the reign of Henry VI., the

Irish, in the words of the same author, "became victorious over

all, without blood or sweat; only that little canton of land,

called the English Pale, containing four small shires;

maintained yet a bordering war with the Irish, and retained the

form of English government."

Feudalism was thus reduced in Ireland to the small territory

lying between the Boyne and the Liffey, subject to the constant

annoyance of the O'Moores, O'Byrnes, and O'Cavanaghs. And this

state of affairs continued until the period of the so-called

Reformation in England.

Ireland proved itself then the only spot in Western Europe where

feudal laws and feudal customs could take no root. Through all

other nations of the Continent those laws spread by degrees,

from the countries invaded by the Northmen, into the most

distant parts, modified and mitigated in some instances by the

innate power of resistance left by former institutions. In this

small island alone, where clanship still held its own, feudalism

proved a complete failure. We merely record a fact, suggestive,

indeed, of thought, which proves, if no more, at least that the

Celtic nature is far more persevering and steady of purpose than

is generally supposed.

But a more interesting spectacle still awaits us--that of the

English themselves morally overcome and won over by the example

of their antagonists, renouncing their feudal usages, and

adopting manners which they had at first deemed rude and

barbarous.

The treaty of Windsor, which was subsequently confirmed by many

diplomatic enactments, obliged King Henry III. of England to

address O'Brien of Thomond in the following words: "Rex regi

Thomond salutem." The same English monarch was compelled to give

O'Neill of Ulster the title of Rex, after having used,

inadvertently perhaps, that of Regulus.--(Sir John Davies.) Both

O'Brien and O'Neill lived in the midst of a thickly populated

Irish district, with a few great English lords shut up in their

castles on the borders of the respective territory of the clans.

The Norman lords in many parts of the country lived right in the

midst of an Irish population, with its Brehon judges, shanachies,

harpers, and other officers, attached to their customs of

gossipred, fostering, tanistry, gavelkind, and other usages,

which the parliaments of Drogheda, Kilkenny, Dublin, Trim, and

other places, were soon to declare lewd and barbarous. The

question of the moment was: Which of the two systems, clanship

or feudalism, brought thus into close contact and antagonism,

was to prevail?

Ere long it began to appear that the aversion first felt by the

English lords at such strange customs was not entirely

invincible, and many of them even went so far as to choose wives

from among the native families. In fact, there lay a great

example before their eyes from the outset, in the marriage of

Strongbow with Eva, the daughter of McMurrough. Intermarriage

soon became the prevailing custom; so that the posterity of the

first invaders was, after all, to have Celtic blood in its veins.

Hence, a distinction arose between the English by blood and the

English by birth. The first had, indeed, an English name; but

they were born in the island, and soon came to be known as

degenerate English.--That degeneracy was merely the moral effect

of constant intercourse with the natives of their neighborhood. -

-The others were continually shifting, being always composed of

the latest new-comers from England.

It is something well worthy of remark that a residence of a

short duration sufficed to blend in unison two natures so

opposed as the Irish and the English. The latter, not content

with wedding Irish wives, sent their own children to be fostered

by their Irish friends; and the children naturally came from the

nursery more Irish than their fathers. They objected no longer

to becoming gossips for each other at christenings, to adopt the

dress of their foster-parents, whose language was in many cases

the only one which they brought from their foster-home.

Thus Ireland, even in districts which had been thoroughly

devastated by the first invaders, became the old Ireland again;

and the song of the bard and the melody of the harper were heard

in the English castle as well as in the Irish rath.1 (1 The

process of gaining over an Englishman to Irish manners is

admirably described in the "Moderate Cavalier," under Cromwell,

quoted by Mr. J. P. Prendergast in his second edition of the

"Cromwellian Settlement," p. 263. If this process were common

with the Protestant officers of Cromwell, how much more so with

Catholic Anglo-Normans!)

The nationalization of their kin, which received a powerful

impetus from the fact that the English who lived without the

Pale escaped feudal exactions and penalties from the

impossibility of enforcing the feudal laws on Irish territory,

alarmed the Anglo-Normans by birth, in whose hand rested the

engine of the government; and, looking around for a remedy, they

could discover nothing better than acts of Parliament.

We have not been able to ascertain the precise epoch in which

the first Irish Parliament was convened; indeed, to this day, it

seems a debated question. The general belief, however, ascribes

it to King John. The first mention of it by Ware is under the

year 1333, as late as Edward III., more than one hundred and

fifty years after the Conquest. But the need of stringent rules

to keep the Irish at bay, and prevent the English from

"degenerating," became so urgent that, in 1367, the famous

Parliament met at Kilkenny, and enacted the bill known as the

"Statutes of Kilkenny," in which the matter was fully elaborated,

and a new order of things set on foot in Ireland.

The Irish could recognize no other Parliament than their ancient

Feis; and, these having been discontinued for several centuries,

they showed their appreciation of the new English institution in

the manner described by Ware under the year 1413: "On the 11th

of the calends of February, the morrow after St. Matthias day, a

Parliament began at Dublin, and continued for the space of

fifteen days; in which time the Irish burned all that stood in

their way, as their usual custom was in times of other

Parliaments."

The reader who is acquainted with the enactments which go by the

name of the "Statutes of Kilkenny" will scarcely wonder at this

mode of proceeding.

Neither at that period, nor later on save once under Henry VIII.,

was the Irish race represented in those assemblies. In the

reign of Edward III. no Irish native nor old English resident

assisted at the Parliament of Kilkenny, but only Englishmen

newly arrived; for all its acts were directed against the Irish

and the degenerate English--against the latter particularly. How

the members composing these Parliaments were elected at that

time we do not know; but they were not summoned from more than

twelve counties, which number, first established by King John,

gradually dwindled, until, in the reign of Henry VII., it was

reduced to four, so that the Irish Parliament came to be

composed of a few men, and those few representatives of purely

English interests.

A true history of the times would demand an examination of the

various enactments made by these so-called Irish Parliaments, as

setting forth more distinctly than any thing else could do the

points at variance between the two nations. Our space, however,

and indeed our purpose, forbids this. In order to put the reader

in possession of at least an idea of the difficulties on either

side, we add a few extracts from the very famous "Statutes of

Kilkenny."

The preamble sets forth "that already the English in Ireland

were mere Irish in their language, names, apparel, and their

manner of living, and had rejected the English laws and

submitted to the Irish, with whom they had many marriages and

alliances, which tended to the utter ruin and destruction of the

commonwealth." And then the Statutes go on to enact --we cull

from various chapters: "The English cannot any more make peace

or war with the Irish without special warrant; it is made penal

to the English to permit the Irish to send their cattle to graze

upon their land; the Irish could not be presented by the English

to any ecclesiastical benefice; they--the Irish--could not be

received into any monasteries or religious houses; the English

could not entertain any of their bards, or poets, or shanachies,

" etc.

This extraordinary legislation proves beyond any amount of facts

to what degree the posterity of the first Norman invaders of

Ireland had adopted Irish customs, and made themselves one with

the natives.

The Irish, therefore, had, in this instance, morally conquered

their enemies, and feudalism was defeated. Another example was

given of the invariable invasions of the island. The enemy,

however successful at the beginning, was compelled finally to

give way to the force of resistance in this people; and the time-

honored customs of an ancient race survived all attempts at

violent foreign innovations. The posterity of those proud nobles,

who, with Giraldus Cambrensis, had found nothing but what was

contemptible in this nation, so strange to their eyes, who

looked upon them as an easy victim to be despoiled of their land,

and that land to be occupied by them, that posterity adopted,

within, comparatively speaking, a few years, the life and

manners of the mere Irish in their entirety. Feudalism they

renounced for the clan. Each of the great English families that

first landed in the island had formed a new sept, and the clans

of the Geraldines, De Courcys, and others, were admitted into

full copartnership with the old Milesian septs. This the two

great families of the Burkes in Connaught called their chiefs

McWilllams Either and McWilliams Oughter. The Berminghams bad

become McYoris; the Dixons, McJordans; the Mangles, McCostellos.

Other old English families were called McHubbard, McDavid, etc.;

one of the Geraldine septs was known as McMorice, another as

McGibbon; the chief of Dunboyne's house became McPheris.

Meanwhile, "it was manifest," says Sir John Davies, "that those

who had the government of Ireland under the crown of England

intended to make a perpetual separation and enmity between the

English settled in Ireland and the Irish, in the expectation

that the English should in the end root out the Irish."

There is no doubt that, if these laws of Kilkenny could have

been enforced and carried out, as they were meant to be, the

effect hoped for by these legislators might have been the

natural result. Yet even much later on, at a period, too, when

the English power was considerably increased, under Henry VIII.,

a very curious discussion of this possibility, which took place

at the time, did not by any means promise an easy realization.

The following passage of the "State Papers," under the great

Tudor, contains a rather sensible view of the subject, and is

not so sanguine of the success of the hopes cherished by the

attorney-general of James I.:

"The lande is very large--by estimation as large as Englande--so

that, to enhabit the whole with new inhabiters, the number would

be so great that there is no prince christened that commodiously

might spare so many subjects to depart out of his regions. . . .

But to enterprise the whole extirpation and totall destruction

of all the Irishmen of the lande, it would be a marvellous and

sumptuous charge and great difficulty, considering both the lack

of enhabitors, and the great hardness and misery these Irishmen

can endure, both of hunger, colde, and thirst, and evill lodging,

more than the inhabitants of any other lande."

There were, therefore, evidently difficulties in the way; yet it

is certain that the question of the total extirpation of the

Irish has been entertained for centuries by a class of English

statesmen, and confidently looked for by the English nation. Sir

John Davies, as we see, attributes no other object to the

Statutes of Kilkenny.

But could those statutes be enforced? were they ever enforced?

The same writer pretends that they were for "several years;" but

the sequel proves that they were not. The reason which he

assigns for their execution--that for a certain time after that

Parliament there was peace in the island--leads us to believe

the contrary; for if, as he himself justly remarks before, the

intention of the legislators was to create a perpetual

separation and enmity between the two races, the promulgation

and strict execution of those statutes would have immediately

enkindled a war which could have ended only with the total

extirpation of one race or the other.

And the further fact that it was thought necessary to reenact

those odious laws frequently in subsequent Irish Parliaments

proves that they were not carried into execution, since new

legislation on the subject was demanded.

It is true that events, transmitted to us either through the

Irish annals or the English chronicles, show that several

attempts were made to enforce those acts of Kilkenny, chiefly

against the Fitz-Thomases or Geraldines of Desmond, who

pretended, even after their enactment, to be as independent of

them as before, and refused to attend the Parliament when

convoked, claiming the strange privilege "that the Earls of

Desmond should never come to any Parliament or Grand Council, or

within any walled town, but at their will or pleasure." And the

Desmonds continued in their persistent opposition to the English

laws until the reign of Elizabeth.

But it was against Churchmen chiefly that they were carried out

in full; for we occasionally meet in the annals of the country

with instances where some English prelate in Ireland had been

prosecuted for having conferred orders on mere Irishmen, and

that some Norman abbots had been deposed for having received

mere Irishmen as monks into their monasteries.

With the exception of a few cases of this kind, no proof can be

furnished that any material change was brought about in the

relations of the old English settlers with their Irish neighbors.

In fact, matters progressed so favorably in this friendly

direction, that at length the descendants of Strongbow and his

followers became, as is well known, "Hibernis Hiberniores," and

the judges sent from England could hold their circuit only in

the four counties between the Liffey and the Boyne; and the name

given to the majority of the old English families was "English

rebels," while the natives were called "Irish enemies."

Sir John Davies himself is forced to admit it: "When the civil

government grew so weak and so loose that the English lords

would not suffer the English laws to be executed within their

territories and seigniories, but in place thereof both they and

their people embraced the Irish customs, then the state of

things, like a game at Irish, was so turned about, that the

English, who hoped to make a perfect conquest of the Irish, were

by them perfectly and absolutely conquered, because Victi

victoribus leges dedere."

The truth could not be expressed in more explicit terms. Yet all

has not been said. The same persevering character, making

headway against apparently insurmountable obstacles, shows

itself conspicuously in the Irish, in the preservation of their

land, which, after all, was the great object of contention

between the two races.

The first Anglo-Norman invaders, including Henry II himself, had

no other object in view than gradually to occupy the whole

territory, subject it to the feudal laws, give to Englishmen the

position of feudal lords, and reduce the Irish to that of

villeins, if they could not succeed in rooting them out.

A few years later, by the Treaty of Windsor, the king seemed to

confine his pretensions to Leinster, and perhaps Meath, and

expressly allowed the natives to keep their lands in the other

districts of the island. Yet none of his former grants, by which

"he had cantonned the whole island between ten Englishmen," were

recalled; the continued as part of and means to shape the policy

of the invaders, and subsequent Parliaments always supposed the

validity of those former grants made to Strongbow and his

followers.

It is true that those posterior Acts of Parliament did not

merely rely for their strength on the first documents, but on

the pretence that the Irish chieftains and people outside of

Leinster and Meath had justly forfeited their estates by not

fulfilling the conditions virtually contained in the Windsor

Treaty, in which they had professed homage and submission to the

English king. It is clear that, lawfully or unlawfully, the

Anglo-Normans were determined to gain possession, sooner or

later, of the whole island.

To secure their end, they declared that the natives would not be

subject to the English laws, but retain their Brehon laws, which

in their eyes were no laws at all, and which the Parliament of

Kilkenny had declared to be "lewd customs." Henceforth, then,

the natives were out of the pale of the law, could not claim its

protection, but became subject to the crown of England, without

political, civil, or even human rights.

They were soon, by reason of the constant border wars all around

the Pale, declared "alien and enemies." And these expressions

became, in the eyes of the English lawyers, identical with the

Irish race and the Irish nature; so that at all times, peace or

war, even when the Irish fought in the English ranks, aiding the

Plantagenets in their furious contests with the Scotch or the

French, they were still "Irish enemies;" "aliens" unworthy human

rights, villeins in whose veins no noble blood could flow, with

the exception of five families.

All the rest were not only ignoble, but not even men; nothing

but mere Irish, whom any one might kill, even though serving

under the English crown, at a risk of being fined five marks, to

be paid to the treasury of the King of England, for having

deprived his majesty of a serviceable tool.

This (to modern eyes) astounding social state demands a closer

examination in order to see if, at least, it had the merit of

finally procuring for the English the possession of the land

they coveted.

We find first that Henry II., John, and Henry III., would seem

on several occasions to have extended the laws of England all

over the island. But all English legists will tell us that those

laws were only for the inhabitants of English blood. The mere

Irish were always reputed aliens, or, rather, enemies to the

crown, so that it was, " by actual fact, often adjudged no

felony to kill a mere Irish in time of peace," as Sir John

Davies expressly points out.

Five families alone were excepted from the general category and

acknowledged to be of noble blood--the O'Neills of Ulster, the

O'Melachlins of Meath, the O'Connors of Connaught, the O'Briens

of Munster, and the McMurroughs of Leinster.

Those five families, numerous certainly, but forming only as

many septs, were, or appeared to be, acknowledged as having a

right to their lands, and as able to bring or defend actions at

law. We say, appeared to be, because they found themselves on so

many occasions ranked as mere Irish, that individuals of those

septs, induced by sheer necessity, were often driven, in spite

of an almost invincible repugnance, to apply for and accept

special charters of naturalization from the English kings. Thus

in the reign of Edward IV., O'Neill, on the occasion of his

marriage with a daughter of the house of Kildare, was made an

English citizen by special act of Parliament.

In reality then, even the most illustrious members of the "five

bloods" were scarcely considered as enjoying the full rights of

the lowest English vassals, although their ancestors had been

acknowledged kings by former Anglo-Norman monarchs in public

documents: "Rex Henricus regi O'Neill," etc.

But if there was some shadow of doubt with regard to the

political and social rights of those great families, such doubt

did not exist for the remainder of the Irish race. They were

absolutely without rights. Depriving them of their lands,

pillaging their houses, devastating their farms, outraging their

wives and daughters, killing them, could not subject the guilty

to any civil or criminal action at law. In fact, as we have

shown, such acts were in accordance with the spirit, even with

the letter of the law, so that the criminal, as we should

consider him, had but to plead that the man whom he had robbed

or killed was a mere Irishman, and the proceedings were

immediately stopped, if this all-important fact were proved; and

in case of homicide the murderer escaped by the payment of the

fine of five marks to the treasury.

To modern, even to English ears, all this may sound incredible.

Many striking examples of the truth of it might be produced.

They are to be found in all works which treat of the subject.

Sir John Davies, that great Irish hater, evidently takes a

genuine delight in depicting several such instances with all

their aggravating details, scarcely expecting that every word he

wrote would serve to brand forever with shame Anglo-Norman

England.

Under such legislation it was clear that life on the borders of

the Pale was not only insecure, but that the soil would remain

in the grasp of the strongest. Any Anglo-Norman only required

the power in order to take possession of the land of his

neighbor.

But it is not in man's nature to submit to such galling thraldom

as this, without at least an attempt at retaliation. Least of

all was it the nature of such a people to submit to such

measures--a nation, the most ancient in Europe, dating their

ownership of the soil as far back as man's memory could go,

civilized before Scandinavia became a nest of pirates,

Christianized from the fifth century, and the spreader of

literature, civilization, and the holy faith of Christ through

England, Scotland, Germany, France, and Northern Italy.

If we have dwelt a little, and only a little, upon the intensity

of the contest waged for four hundred years previous to the

added atrocities introduced by the Reformation, we have done so

advisedly, since it has become a fashion of late to throw a

gloss over the past, to ignore it, to let the dead bury their

dead--all which would be very well, could it be done, and could

writers forget to stamp the Irish as unsociable, barbarous, and

bloodthirsty, because with arms in their hands, and a fire

ardent and sacred in their souls, they strove again and again to

reconquer the territory which had been won from them by fraud,

and because they thought it fair to kill in open fight the men

who avowed that they could kill them even in peace at a penalty

of five marks.

The contest, therefore, never ceased; how could it ? But, in

that endless conflict between the two races, the loss of

territory leaned rather to the English side. If, with the help

of their castles, better discipline, and arms, the English at

first gained on the natives and extended their possessions

beyond the Pale, a reaction soon set in--the Irish had their day

of revenge, and entered again into possession of the land of

which they had been robbed. In order to repair their losses, the

Anglo-Normans had recourse to acts of Parliament, which could

bind not only the English of the Pale, but also those of other

districts, who, enjoying the privileges of English law, were

likewise bound by its provisions.

In order rightly to understand the need and purposes of those

enactments, we must return a moment to the days of the conquest.

The case of Strongbow will illustrate many others. He married

Eva, the daughter of McMurrough, and thus allied himself to the

best families of Leinster. On the death of his father-in-law, he

received the whole kingdom as his inheritance. The greater part

of his dominions, which he either would not or could not govern

himself, he was compelled to distribute, in the usual style,

among his followers. He distributed large estates as _fiefs_

among those who had followed his fortunes, but he could not

forget his Irish relatives, to whom he had become strongly

attached. He secured, therefore, to many Irish families the

territory which was formerly theirs, and many of his English

adherents, who, like himself, had married daughters of the soil,

did the same in their more limited territories. This explains

fully why Irish families remained in Leinster after the

settlement of the Anglo-Normans there, who established their

Pale in it, as also why they continued to possess their lands in

the midst of the English as they had formerly done in the midst

of the Danes.

The same thing took place in the kingdom of Cork, on the borders

of Connaught, and around the seaports of Ulster, wherever the

English had established themselves and erected castles and

fortifications.

But, over and above the Irish families, which, by their alliance

by marriage and fosterage with the English, retained their lands

and gradually increased them, many others, natives of the soil,

reentered into possession of their former territory by the

withdrawal of the Anglo-Norman holders of fiefs. Constant border

wars, the necessary consequence of the English policy, could not

but discourage in course of time many Englishmen, who, owning

large possessions also in England and Wales, preferred to return

to their own country rather than remain with their wives and

children in a constant state of alarm, compelled to reside

within their castles, in dread of an attack at any moment from

their Irish neighbors.

Moreover, the vast majority of the Irish, who did not enjoy the

benefit of these special privileges, who, deprived of their

lands at the first invasion, had remained really _outlaws_, and

never entered into matrimonial or social alliance with their

enemies, these men could not consent to starve and perish on

their own soil, in the island which they loved and from which

they could not--had they so chosen--escape by emigration. One

resource remained to them, and they grasped at it. They had

their own mountain fastnesses and bogs to fly to, and from those

recesses they could harass the invader, and inch by inch win

back their lawful inheritance.

They were often even encouraged in their attacks and

depredations by the English of the Pale and out of it, who,

unwilling longer to submit to the grinding feudal laws and

exactions, could prevent the English judges, sheriffs,

escheators, and other king's officers from executing the law

against them, and thus they held out in their mountains, bogs,

and rocky crags, in the midst of the invaders of their soil.

A necessity arose then, on the part of the English rulers, of

adopting measures calculated to prevent a further acquisition of

territory by the Irish, if not to extend the English settlements.

They saw no other remedy than acts of Parliament, which they

thought would at least prevent the subjects of English blood

from assisting the Irish to reenter into possession, as was then

being done on so extensive a scale.

To effect this they revived the former statutes by which the

Irish were placed without the protection of the law, were

declared aliens and enemies, and were consequently denied the

right of bringing actions in any of the English courts for

trespasses on their lands, or for violence done to their persons.

They soon advanced a step beyond this. The Irish were forbidden

to purchase land, though the English were at liberty to occupy

by force the landed property of the Irish, whenever they were

strong enough to do so. An Irishman could acquire neither by

gift nor purchase a rood of land which was the property of an

Englishman. Thus, in every charter afterward granted to the few

Irishmen who applied for them, it was expressly stated that they

could purchase land for themselves and their heirs, which,

without this special provision, they could not do; while for an

Englishman to dispose of his landed property by will, gift, or

sale to an Irishman, was equivalent to forfeiting his estate to

the crown. The officers of the exchequer were directed by those

acts of Parliament to hold inquisitions for the purpose of

obtaining returns of such deeds of conveyance, in order to

enrich the king's treasury by confiscations and forfeitures; and

the statute-rolls, preserved to this day in Dublin and London,

show that such prosecutions often took place, with the

invariable result of forfeiture.

The decision of the courts was always in favor of the crown,

even in cases where the deed of conveyance or will was of no

benefit to the person in whose favor it was drawn, but simply a

trust for a third person of English race. And the great number

of cases in which the inquisitions were set aside, as appears

from the Parliament-rolls, for the finding having been malicious

and untrue--the parties complained of not being Irish but

English-- prove what we allege, namely, that an Irishman could

not take land by conveyance from an Englishman.

Yet, as Mr. Prendergast justly says: "Notwithstanding these

prohibitions and laws of the Irish Parliament, the Irish grew

and increased upon the English, and the Celtic customs

overspread the feudal, until at length the administration of the

feudal law was confined to little more than the few counties

lying within the line of the Liffey and the Boyne."

Let us now glance, in conclusion, at the result of more than

four centuries of feudal oppression.

Ireland rejected feudalism from the beginning, and this at a

time when Europe had been compelled to adopt it, more or less,

throughout.

The distinction between lords and villeins, so marked in all

other countries, remained at the end as it was at the beginning

of the contest, a thing unknown in the island. Even in the Pale,

the presence of the O'Moores, O'Byrnes, O'Kavanaghs, and other

septs, protested against and openly denied, from moor and glen

and mountain fastness, that outrage on humanity, which bestows

on the few every thing meant for all. The Brehon law was in full

force all over the island, and if the Irish allowed the English

judges to ride on their circuits within the four counties, it

was on the full understanding that they would administer their

justice only to English subjects, and levy their feudal dues,

and pronounce their forfeitures and confiscations on such only

as acknowledged the king's right on the premises. The laws

enacted in the pretended Irish Parliament were only for such as

called themselves English by birth; for even the English by

blood, whose ancestors had long resided on the island,

frequently refused to submit to the laws of Parliament, where

they would not sit themselves, although possessing the right to

do so.

In vain was the threat of compulsion held up again and again

before the eyes of the great lords of Desmond, Thomond, and

Connaught. If they chose, they went; if they chose not, they

remained at home; and obeyed or disobeyed at will the laws

themselves, according as they were able or unable to set them at

defiance.

The castles which had been built all over the country by the

first invaders, as a means of awing into subjection the

surrounding districts, were at the beginning of the fifteenth

century no longer feudal castles. They had either been

destroyed and levelled to the ground by the Irish, or they were

occupied by Irish chieftains; or, stranger still, if their

holders were English lords, they were of those who had been won

over to Irish manners. In their halls all the old customs of

Erin were preserved. One saw therein groups of shanachies, and

harpers, and Brehon lawyers, all conversing with their chieftain

in the primitive language of the country. Hence were they called

degenerate by the "foreigners" living in Dublin Castle. The

mansions of the Desmonds, of the Burgos, of the Ormonds, were

the headquarters of their respective clans, not the inaccessible

fortresses of steel-clad warriors, who alone were possessed of

social and civil rights. If the master of the household held

sometimes the title of earl, or count, or baron, he was careful

never to use it before his retainers, whom he called his

clansmen. When he went to Dublin or to London, he donned it with

the dress of a knight or a great feudal lord; on his return home

he threw it aside, resumed the cloak of the country, and was

Irish again.

The subject of feudal titles in Ireland has not been

sufficiently studied and elucidated. A clearer light thrown on

this question would, we have no doubt, show more conclusively

than long discussions with what stubbornness the Irish refused

to submit to the reality of feudalism, even when consenting to

admit its presence and phraseology. It is a fact not

sufficiently dwelt upon, that the few Irishmen, who subsequently

consented to receive English titles from the king, were regarded

by their countrymen with greater abhorrence than the English

themselves, though in most cases the titles were empty ones,

which affected nothing in their mode of life. Yet were they

looked upon as apostates to their nation, and after the

Reformation such a step was often the first to apostasy of

religion, the deepest stain on an Irish name.

Feudalism had also its mode of taxation which failed with the

rest in Ireland.

In feudal countries the lord imposed no tax on his villeins;

these were mere chattels, ascripti gleboe, who tilled the land

for their masters, and, as good serfs, could own nothing but the

few utensils of their miserable hovels. They were just allowed

what sufficed to support their own life and that of their

families, and consequently they could bear no additional tax.

But, in the complicated state of society brought about by

feudalism, the inferior lord was taxed by his superior, a system

that ran down the whole feudal scale, and it would take a lawyer

to explain aids, talliages, wardships, fines for alienation,

seizins, rents, escheats, and finally forfeiture, the heaviest

and most common of all in England.

The Irish fought valiantly against the imposition of those

burdens, and aided the English settled among them to repudiate

them all in course of time.

It must be said, however, that they did not succeed in

preventing their own taxes, according to the Book of Rights,

from becoming heavier under the ingenuity of the English who

were established among them and admitted to all the rights of

clanship. We see by documents which have been better studied of

late, that the great Anglo-Irish lords had succeeded in

increasing the burdens in the shape of exactions, which were

never complained of by the Irish.

On this subject Dr. O'Donovan, in the preface to his edition of

the "Book of Rights," is worthy of perusal.

But it is chiefly in the very essence of feudalism that the

failure of the Anglo-Normans was most signal. Feudalism really

consisted in the status given to the land, the possession of

which determined and gave all rights, so that, according to it,

man was made for the land rather than the land for man. He was

placed on the land with the beasts of the field as far as

tillage and production went, until the system should round to

perfection and finally bring to the surface the new principles

of social economy, according to which the greater the number of

cattle and the fewer the number of men, the more prosperous and

happy might the country be said to be.

The Irish staked their existence against those principles, and

won. So complete was their victory that the feudal barons who

first came among them finally yielded to clanship, became the

chiefs of new clans, and opened their territories to all who

chose to send their horses and kine to graze in the chief's

domains. In vain did Irish Parliaments issue writs of forfeiture

against the English lords who acted thus, for between the law

and its execution the clans intervened, and no sheriff or judge

could step beyond the bounds of the four counties of the Pale to

enforce those acts.

It is told of one of the Irish chieftains that on receiving

intimation from a high English official of a sheriff's visit on

the next breach of some new law or ordinance, for the safety of

which sheriff he would be held responsible, he replied: "You

will do well to let me know at the same time what will be the

amount of his _eric_, in case of his murder, that I may

beforehand assess it on the clan."

This story may tend better than any thing else to give a clear

reason for the failure of feudalism in Ireland.

The Irish Race in the Past and the Present · 第 6 / 19 章