The Irish Race in the Past and the Present

by Augustus J. Thébaud

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.