Part 20 (1/2)

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 wards.h.i.+ps 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 wards.h.i.+p, 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 s.h.i.+res; 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 clans.h.i.+p 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, clans.h.i.+p 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 s.h.i.+fting, 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.