NEW MODE OF SERVING A PROCESS.
The author at Rock House—Galway election—Searching for voters—Mr. Ned Bodkin—Interesting conversation between him and the author—Process-serving at Connemara—Burke, the bailiff—His hard treatment—Irish method of discussing a chancery bill—Ned Bodkin’s “Lament”—False oaths, and their disastrous consequences—Country magistrates in Ireland.
The election for County Galway was proceeding whilst I was refreshing myself at Rock House, Castlebar, after various adventures at Ballinrobe—as already mentioned. I met at Rock House an old fellow who told me his name was Ned Bodkin, a Connemara boy; and that he had come with two or three other lads only to search for voters to take to Galway for Squire Martin’s poll. Bodkin came to Mrs. Burke’s house to consult Counsellor Moore, and I determined to have a full conversation with him as to the peninsula of Connemara and its statistics. He sent off eight or nine freeholders (such as they were) in eight-and-forty hours; they were soon polled for the squire, and came back as happy as possible.
I asked Mr. Bodkin where he lived.
“Ah! then where should it be but at Connemara?” said he.
“And what’s your trade or calling, when you’re at home, Mr. Bodkin?” inquired I.
“Why, plase your honour, no poor man could live upon one calling now-a-days as we did in owld times, or no calling at all, as when the squire was in it. Now I butchers a trifle, your honour! and burns the kelp when I’m entirely idle. Then I take a touch now and then at the still, and smuggle a few in Sir Neil’s cutter when the coast is clear.”
“Any thing else, Mr. Bodkin?”
“Ough yes, your honour; ’tis me that tans the brogue leather for the colonel’s yeomen: (God bless them!) besides, I’m bailiff-bum of the town lands, and make out our election registries; and when I’ve nothing else to do, I keep the squire’s accounts: and by my sowl that same is no asy matter, plase your honour, till one’s used to it! but, God bless him, up and down, wherever he goes, here or hereafter! he’s nothing else but a good master to us all.”
“Mr. Ned Bodkin,” continued I, “every body says the king’s writ does not run in Connemara?”
“Ough! then whoever towld your honour that is a big liar. By my sowl, when the King George’s writ (crossing himself) comes within smell of the big house, the boys soon make him run as if the seven red devils was under his tail, saving your presence. It’s King George’s writ that does run at Connemara, plase your worship, all as one as a black greyhound. O the devil a stop he stays till he gets into the court-house of Galway again!”
Mr. Bodkin talked allegorically, so I continued in the same vein:—“And pray if you catch the king’s writ, what do you do then?”
“Plase your honour, that story is asy towld. Do, is it? I’ll tell your honour that. Why, if the prossy-sarver is cotched in the territories of Ballynahinch, by my sowl if the squire’s not in it, he’ll either eat his parchments every taste, or go down into the owld coal-pit sure enuff, whichever is most agreeable to the said prossy-sarver.”
“And I suppose he generally prefers eating his parchments?” said I.
“Your honour’s right enuff,” replied Mr. Bodkin. “The varment generally gulps it down mighty glib; and, by the same token, he is seldom or ever obstrepulous enuff to go down into the said coal-pit.”
“Dry food, Mr. Bodkin,” said I.
“Ough! by no manner of manes, your honour. We always give the prossy-sarver, poor crethur! plenty to moisten his said food with and wash it down well, any how; and he goes back to the ’sizes as merry as a water-dog, and swears (God forgive him!) that he was kilt at Connemara by people unknown; becaize if he didn’t do that, he knows well enuff he’d soon be kilt dead by people he did know, and that’s the truth, plase your honour, and nothing else.”
“Does it often happen, Mr. Bodkin?” said I.
“Ough! plase your honour, only that our own bailiffs and yeomen soldiers keep the sheriffs’ officers out of Connemara, we’d have a rookery of them afore every ’sizes and sessions, when the master’s amongst the Sassanachs in London city. We made one lad, when the master was in said foreign parts, eat every taste of what he towld us was a chancellor’s bill, that he brought from Dublin town to sarve in our quarter. We laid in ambush, your honour, and cotched him on the bridge; but we did not throw him over that, though we made believe that we would. ‘We have you, you villain!’ said I. ‘Spare my life!’ says he. ‘What for?’ said I. ‘Oh! give me marcy!’ says the sarver. ‘The devil a taste,’ said I. ‘I’ve nothing but a chancellor’s bill,’ said he. ‘Out with it,’ says I. So he ups, and outs with his parchment, plase your honour:—by my sowl, then, there was plenty of that same!
“‘And pray, what name do you go by when you are at home?’ said I. ‘Oh then, don’t you know Burke the bum?’ said he. ‘Are you satisfied to eat it, Mr. Burke?’ said I. ‘If I was as hungry as twenty hawks, I could not eat it all in less than a fortnight any how,’ said the sarver, ‘it’s so long and crisp.’ ‘Never fear,’ said I.
“‘Why shu’dn’t I fear?’ said he.
“‘What’s that to you?’ said I. ‘Open your mouth, and take a bite, if you plase.’ ‘Spare my life!’ said he. ‘Take a bite, if you plase, Mr. Burke,’ again said I.
“So he took a bite, plase your honour; but I saw fairly it was too dry and tough for common eating, so I and the rest of the boys brought the bum to my little cabin, and we soaked the chancellor in potsheen in my little keg, and I towld him he should stay his own time till he eat it all as soon as it was tinder, and at three meals a day, with every other little nourishment we could give the crethur. So he stayed very agreeable till he had finished the chancellor’s bill every taste, and was drunk with it every day twice, at any rate; and then I towld him he might go back to Galway town and welcome. But he said he’d got kinder treatment and better liquor nor ever the villain of a sub-sheriff gave any poor fellow, and if I’d let him, he’d fain stay another day or two to bid us good bye. ‘So, Mary,’ said I to the woman my wife, ‘’commodate the poor officer a day or two more to bid us good bye.’—‘He’s kindly welcome,’ says she. So Burke stayed till the ’sizes was over, and then swore he lay for dead on the road-side, and did not know what became of the chancellor’s bill, or where it was deposited at said time. I had towld him, your honour, I’d make good his oath for him; and, accordingly, we made him so drunk, that he lay all as one as a dead man in the ditch till we brought him home, and then he said he could kiss the holy ’pistle and gospel safe in the court-house, that he lay for dead in a ditch by reason of the treatment he got at Connemara; and Mr. Burke turned out a good fellow; and the devil a prossy-sarver ever came into Connemara for a year after, but he sent a gossoon aforehand to tell us where we’d cotch the sarver afore sarvice. Oh! God rest your sowl, Bum Burke, and deliver it safe! it’s us that were sorry enuff when we heard the horse kilt you dead—oh bad cess to him! the likes of ye didn’t come since to our quarter.”
This mode of making process-servers eat the process was not at all confined to Connemara. I have myself known it practised often at the colliery of Doonan, the estate of my friend Hartpole, when his father Squire Robert was alive. It was quite the custom; and if a person in those times took his residence in the purlieus of that colliery, serving him with any legal process was entirely out of the question; for if a bailiff attempted it, he was sure to have either a meal of sheepskin or a dive in a coal-pit, for his trouble.
This species of outrage was, however, productive of greater evil than merely making the process-server eat his bill. Those whose business it was to serve processes in time against the assizes, being afraid to fulfil their missions, took a short cut, and swore they had actually served them, though they had never been on the spot;—whereby many a judgment was obtained surreptitiously, and executed on default upon parties who had never heard one word of the business:—and thus whole families were ruined by the perjury of one process-server.
The magistrates were all country gentlemen, very few of whom had the least idea of law proceedings further than when they happened to be directed against themselves; and the common fellows, when sworn on the holy Evangelists, conceived they could outwit the magistrates by kissing their own thumb, which held the book, instead of the cover of it; or by swearing, “By the vartue of my oath it’s through (true), your worship!” (putting a finger through a button-hole.)
So numerous were the curious acts and anecdotes of the Irish magistrates of those days, that were I to recite many of them, the matter-of-fact English (who have no idea of Irish freaks of this nature) would, I have no doubt, set me down as a complete romancer.
I conceived it would much facilitate the gratification of my desire to learn the customs of the Irish magisterial justices by becoming one myself. I therefore took out my didimus at once for every county in Ireland; and being thus a magistrate for thirty-two counties, I of course, wherever I went, learned all their doings; and I believe no body of men ever united more authority and less law than did the Irish justices of thirty years since.