ece; and it will
appear, upon inquiry, that his vanity in this particular was not
altogether without foundation.
After the subjection of Ireland by Elizabeth, the more difficult task
still remained; to civilize the inhabitants, to reconcile them to laws
and industry, and to render their subjection durable and useful to the
crown of England. James proceeded in this work by a steady, regular, and
well-concerted plan; and in the space of nine years, according to Sir
John Davis, he made greater advances towards the reformation of that
kingdom, than had been made in the four hundred and forty years which
had elapsed since the conquest was first attempted.[***]
* Kennet, p. 715.
** King James's Works, p. 355.
*** King James's Works, p. 259, edit. 1613.
It was previously necessary to abolish the Irish customs, which supplied
the place of laws, and which were calculated to keep that people forever
in a state of barbarism and disorder.
By the "Brehon" law or custom, every crime, however enormous, was
punished, not with death, but by a fine or pecuniary mulct, which
was levied upon the criminal. Murder itself, as among all the ancient
barbarous nations, was atoned for in this manner; and each man,
according to his rank, had a different rate or value affixed to him,
which if any one were willing to pay, he needed not fear assassinating
his enemy. This rate was called his "eric." When Sir William
Fitzwilliams, being lord deputy, told Maguire, that he was to send a
sheriff into Fermannah, which a little before had been made a county,
and subjected to the English law; "Your sheriff," said Maguire, "shall
be welcome to me: but let me know, beforehand, his eric, or the price of
his head, that, if my people cut it off, I may levy the money upon
the county."[*] As for oppression, extortion, and other trespasses, so
little were they regarded, that no penalty was affixed to them, and no
redress for such offences could ever be obtained.
The customs of "gavelkinde" and "tanistry" were attended with the same
absurdity in the distribution of property.
{1612.} The land, by the custom of gavelkinde, was divided among all the
males of the sept, or family, both bastard and legitimate: and, after
partition made if any of the sept died, his portion was not shared
out among his sons, but the chieftain, at his discretion, made a new
partition of all the lands belonging to that sept, and gave every one
his share.[**] As
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