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 n.o.ble 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 va.s.sal. 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 inc.u.mbent, 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 pa.s.sage 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 n.o.ble blood; for, from the beginning, the English recognized five families of the country, known as the "five bloods," as pure and n.o.ble, 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 t.i.tle 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 a.s.suredly 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 inst.i.tutions. 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...b..ien of Th.o.m.ond in the following words: "Rex regi Th.o.m.ond salutem." The same English monarch was compelled to give O"Neill of Ulster the t.i.tle 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 inst.i.tution 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 s.p.a.ce 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 a.s.semblies. In the reign of Edward III. no Irish native nor old English resident a.s.sisted 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 s.p.a.ce, 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 n.o.bles, 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 pa.s.sage 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 cla.s.s 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 a.s.signs 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.