A mog was a slave in the strict sense, usually purchased as such from abroad, and legally and socially lower than the lowest fuidir. Giraldus Cambrensis, writing towards the close of the twelfth century, tells us that English parents then frequently sold their surplus children and other persons to the Irish as slaves. The Church repeatedly intervened for the release of captives and mitigation of their condition. The whole institution of slavery was strongly condemned as un-Christian by the Synod held in Armagh in 1171.
CRIMINAL LAW. Though there are numerous laws relating to crime, to be found chiefly in the Book of Aicill, criminal law in the sense of a code of punishment there was none. The law took cognizance of crime and wrong of every description against person, character, and property; and its function was to prevent and restrict crime, and when committed to determine, according to the facts of the case and the respective ranks of the parties, the value of the compensation or reparation that should be made. It treated crime as a mode of incurring liability; entitled the sufferer, or, if he was murdered, his fine, to bring the matter before a brehon, who, on hearing the case, made the complicated calculations and adjustments rendered necessary by the facts proved and by the grades to which the respective parties belonged, arrived at and gave judgment for the amount of the compensation, armed with which judgment, the plaintiff could immediately distrain for that amount the property of the criminal, and, in his default, that of his fine. The fine could escape part of its liability by arresting and giving up the convict, or by expelling him and giving substantial security against his future misdeeds.
From the number of elements that entered into the calculation of a fine, it necessarily resulted that like fines by no means followed like crimes. Fines, like all other payments, were adjudged and paid in kind, being, in some cases of the destruction of property, generic—a quantity of that kind of property. Large fines were usually adjudged to be paid in three species, one-third in each, the plaintiff taking care to inform correctly the brehon of the kinds of property the defendant possessed, because he could seize only that named, and if the defendant did not possess it, the judgment was "a blind nut." Crime against the State or community, such as wilful disturbance of an assembly, was punished severely. These were the only cases to which the law attached a sentence of death or other corporal punishment. For nothing whatsoever between parties did the law recognize any duty of revenge, retaliation, or the infliction of personal punishment, but only the payment of compensation. Personal punishment was regarded as the commission of a second crime on account of a first. There was no duty to do this; but the right to do it was tacitly recognized if a criminal resisted or evaded payment of an adjudged compensation. Criminal were distinguished from civil cases only by the moral element, the sufferer's right in all cases to choose a brehon, the loss of eineachlann, partial or whole according to the magnitude of the crime, the elements used in calculating the amount of fine, and the technical terms employed. Dire (djeereh) was a general name for a fine, and there were specific names for classes of fines. Eric = reparation, redemption, was the fine for killing a human being, the amount being affected by the distinction between murder and manslaughter and by other circumstances; but in no case was a violent death, however innocent, allowed to pass without reparation being made. A fine was awarded out of the property of the convict or of his fine to the fine of the person slain, in the proportions in which they were entitled to inherit his property, that being also according to their degrees of kinship and the degrees in which they were really sufferers. This gave every clan and every clansman, in addition to their moral interest, a direct monetary interest in the prevention and suppression of crime. Hence the whole public feeling of the country was entirely in support of the law, the honor and interest of community and individual being involved in its maintenance. The injured person or fine, if unable to recover the fine, might, in capital cases, seize and enslave, or even kill, the convict. Probably restrained by the fact that, there being no officers of criminal law, they had to inflict punishment themselves, they sometimes imprisoned a convict in a small island, or sent him adrift on the sea in a currach or boat of hide. Law supported by public opinion, powerful because so inspired, powerful because unanimous, was difficult to evade or resist. It so strongly armed an injured person, and so utterly paralyzed a criminal, that escape from justice was hardly possible. The only way in which it was possible was by flight, leaving all one's property behind, and sinking into slavery in a strange place; and this in effect was a severe punishment rather than an escape.
FOREIGN LAW. The Danes and other Norsemen were the buccaneers of northwestern Europe from the eighth to the eleventh century. They conquered and settled permanently in Neustria, from them called Normandy, and conquered and ruled for a considerable time England and part of Scotland and the Isles. In Ireland they were little more than marauders, having permanent colonies only round the coast; always subject, nominally at least, to the ard-ri or to the local chief; paying him tribute when he was strong, raiding his territory when he was weak, and fomenting recurrent disorder highly prejudicial to law, religion, and civilization. They never made any pretence of extending their laws to Ireland, and their attempt to conquer the country was finally frustrated at Clontarf in 1014.
The Anglo-Norman invaders also seized the seaports. The earlier of them who went inland partially adopted in the second generation the Gaelic language, laws, and customs; as many non-Celtic Lowlanders of Scotland about the same period adopted the Gaelic language, laws, and customs of the Highlanders. Hence they did not make much impression on the Gaelic system, beyond the disintegrating effect of their imperfect adoption of it.
Into the eastern parts of Ireland, however, a fresh stream of English adventurers continued to flow, as aggressive and covetous as their means and prudence permitted; calling so much of the country as they were able to wrench from the Irish "the English Pale", which fluctuated in extent with their fortunes; and, when compelled to pay tribute to Irish chiefs, calling it "black rent", to indicate how they regarded it. Their greatest difficulty was to counteract the tendency of the earlier colonists to become Hibernicized—a most unwilling tribute to the superiority of the Irish race. They, and still more those in England who supported them, knew nothing of the Irish language, laws, and institutions but that they should all be impartially hated, uprooted, and supplanted by English people and everything English as soon as means enabled this to be done. This was the amiable purpose of the pompously-named "Statute of Kilkenny", passed by about a score of these colonists in 1367. Presuming to speak in the name of Ireland, the statute prohibited the English colonists from becoming Irish in the numerous ways they were accustomed to do, and excluded all Irish priests from preferment in the Church, partly because their superior virtue would by contrast amount to a censure. The purpose was not completely successful even within the Pale. Outside that precinct, the mass of the Irish were wholly unconscious of the existence of the "Statute of Kilkenny." But expressing, as the statute did correctly, the views of fresh adventurers, it became, in arrogance and in the pretension to speak for the whole of Ireland, a model for their future legislation and policy.
Under King Henry VI. of England, Richard, Duke of York, being Lord Deputy, the Parliament of the Pale, assembled in Dublin, repudiated the authority of the English Parliament in Ireland, established a mint, and assumed an attitude of almost complete independence. On the other hand, in 1494, under Henry VII., the Parliament of the Pale, assembled at Drogheda, passed Poyning's Act, extending all English laws to Ireland and subjecting all laws passed in Ireland to revision by the English Council. This, extended to the whole of Ireland as English power extended, remained in force until 1782. Henry VIII. was the first English sovereign to take practical measures for the pacific and diplomatic conquest of the whole of Ireland and the substitution of English for Irish institutions and methods. His daughter, Queen Elizabeth, continued and completed the conquest; but it was by drenching the country in blood, by more than decimating the Irish people, and by reducing the remnant to something like the condition of the ancient fuidre. Her policy prepared the ground for her successor, James I., to exterminate the Irish from large tracts, in which he planted Englishmen and Scotchmen, and to extend all English laws to Ireland and abolish all other laws. James's English attorney-general in Ireland, Sir John Davies, in his work, A Discoverie of the True Causes, etc., says:
"For there is no nation of people under the sunne that doth love equall and indifferent [= impartial] justice better than the Irish; or will rest better satisfied with the execution thereof, although it bee against themselves; so as they may have the protection and benefit of the law, when uppon just cause they do desire it."
The ancient Irish loved their laws and took pride in obeying and enforcing them. The different attitude of the modern Irish towards foreign laws and administration is amply explained by the morally indefensible character of those laws and that administration, to be read in English statutes and ordinances and in the history of English rule in Ireland—a subject too vast and harrowing, and in every sense foreign to what has gone before, to be entered upon here. Though the Parliament of 1782-1800 was little more than a Pale Parliament, in which the mass of the Irish people had no representation whatever, one of its Acts, to its credit be it said, was an attempt to mitigate the Penal Laws and emancipate the oppressed Gaelic and Catholic population of Ireland. With the partial exception of that brief interval, law in Ireland has, during the last 360 years, meant English laws specially enacted for the destruction of any Irish trade or industry that entered into competition with a corresponding English trade or industry. In later times those crude barbarities have been gradually superseded by the more defensible laws now in force in Ireland, all of which can be studied in statutes passed by the Parliament, since the Union with Scotland, called British.