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ownership; had been violently and unnaturally replaced by a






system of far more modern stamp based upon absolute property in






land。 But; by the end of the sixteenth century; our evidence is






that the Chiefs had already so much power over their tenants that






any addition to it is scarcely conceivable。 'The Lords of land;'






says Edmund Spenser; writing not later than 1596; 'do not there






use to set out their land to farme; for tearme of years; to their






tenants; but only from yeare to yeare; or during pleasure;






neither indeed will the Irish tenant or husbandman otherwise take






his land than so long as he list himselfe。 The reason thereof in






the tenant is; for that the landlords there use most shamefully






to racke their tenants; laying upon them coin and livery at






pleasure; and exacting of them besides his covenants what he






pleaseth。 So that the poore husbandman either dare not binde






himselfe to him for longer tearme; or thinketh; by his continuall






liberty of change; to keepe his landlord the rather in awe from






wronging of him。 And the reason why the landlord will no longer






covenant with him is; for that he dayly looketh after change and






alteration; and hovereth in expectation of new worlds。' Sir John






Davis; writing rather before 1613; used still stronger language:






'The Lord is an absolute Tyrant and the Tennant a very slave and






villain; and in one respect more miserable than Bond Slaves。 For






commonly the Bond Slave is fed by his Lord; but here the Lord is






fed by his Bond Slave。'






    There is very little in common bet ween the miserable






position of the Irish tenant here described and the footing of






even the baser sort of Ceiles; or villeins; who had taken stock






from the Chief。 If the Brehon law is to be trusted; the Daer






Ceile was to be commiserated; rather because he had derogated






from his rights as a free tribesman of the same blood with the






Chief; than because he had exposed himself to unbridled






oppression。 Besides paying dues more of the nature of modern






rent; he certainly stood under that unfortunate liability of






supplying periodical refection for his Chief and his followers。






But not only was the Mount of his dues settled by the law; but






the very size of the joints and the quality of the ale with which






he regaled his Chief were minutely and expressly regulated。 And;






if one provision of the law is clearer than another; it is that






the normal period of the relation of tenancy or vassalage was not






one year; but seven years。 How; then; are we to explain this






discrepancy ? Is the explanation that the Brehon theory never in






reality quite corresponded with the facts ? It may be so to some






extent; but the careful student of the Brehon tracts will be






inclined to think that the general bias of their writers was






rather towards exaggeration of the privileges of Chiefs than






towards Overstatement of the immunities of tribesmen。 Is it; on






the other hand; likely that; as some patriotic Irishmen have






asserted; Spenser and Davis were under the influence of English






prejudice; and grossly misrepresented the facts of Irish life in






their day? Plenty of prejudice of a certain kind is disclosed by






their writings; and I doubt not that they were capable of






occasionally misunderstanding what they saw。 Nothing; however;






which they have written suggests that they were likely wilfully






to misdescribe facts open to their observation。 I can quite






conceive that some things in the relations of the Chiefs and






tenants escaped them; possibly a good deal of freely…given






loyalty on one side; and of kindliness and good humoured






joviality on the other。 But that the Irish Chief had in their day






the power or right which they attribute to him cannot seriously






be questioned。






    The power of the Irish Chiefs and their severity to their






tenants in the sixteenth century being admitted; they have been






accounted for; as I before stated; by supposing that the Norman






nobles who became gradually clothed with Irish chieftainships 






the Fitzgeralds; the Burkes; and the Barrys  abused an






authority which in native hands would have been subject to






natural limitations; and thus set an evil example to all the






Chiefs of Ireland。 The explanation has not the antecedent






improbability which it might seem to have at first sight; but I






am not aware that there is positive evidence to sustain it。 I owe






a far more plausible theory of the cause of change to Dr






Sullivan; who; in his Introduction (p。 cxxvi); has suggested that






it was determined by the steady multiplication of Fuidhir






tenants。 It must be recollected that this class of persons would






not be protected by the primitive or natural institutions






springing out of community of blood。 The Fuidhir was not a






tribesman but an alien。 In all societies cemented together by






kinship the position of the person who has lost or broken the






bond of union is always extraordinarily miserable。 He has not






only lost his natural place in them; but they have no room for






him anywhere else。 The wretchedness of the outcast in India;






understood as the man who has lost or been expelled from caste;






does not arise from his having been degraded from a higher to a






lower social standing; but from his having no standing whatever;






there being no other order of society open to receive him when he






has descended from his own。 It was true that the Fuidhir; though






he had lost the manifold protection of his family and tribe; was






not actually exposed to violent wrong。 From that he was protected






by the new Chief to whom he had attached himself; but between him






and this Chief there was nothing。 The principle would always be






that he was at the mercy of the Chief。 At the utmost; some usages






favourable to him might establish themselves through lapse of






time; but they would have none of the obligatory force belonging






to the rules which defined the rights of the Chief in respect of






his Saer…stock and Daerstock tenants。 We can see that several of






the duties corresponding to these rights were of a kind to invite






abuse; much more certainly would obligations analogous to them;






but wholly imposed by the pleasure of the Chief; become cruelly






oppressive。 The 'refections' of the Brehon law would; by a






miserable degradation; become (to borrow the language of Spenser






and Davis) coin and livery; cuttings; cosherings; and spendings;






in the case of the Fuidhirs。 Meanwhile there were causes at work;






powerfully and for long periods of time; to increase the numbers






of this class。 Even those Irishmen who believe that in the






distant past there was once a tolerably well…ordered Ireland






admit that for many centuries their country was racked with






perpetual disturbance。 Danish piracies; intestine feuds;






Anglo…Norman attempts at conquest never consistently carried out






or thoroughly completed; the very existence of the Pale; and






above all the policy directed from it of playing off against one






another the Chiefs beyond its borders; are allowed by all to have






distracted the island with civil war; how ever the responsibility






for it is to be apportioned。 But the process is one which must






have broken up tribes far and wide; and broken tribes imply a






multitude of broken men。 Even in brief intervals of peace the






violent habits produced by constant disorder would bring about






the frequent expulsion by families of members for whom they






refused to remain responsible; and in the commoner eventuality of






war whole fragments would be from time to time torn away from






tribes and their atoms scattered in every part of Ireland。 it is






therefore; a conjecture possessing a very high degree of






plausibility; that the tenantry of the Irish Chiefs whose






sufferings provoked the indignation of Spenser and Davis






consisted largely of Fuidhirs。






    The explanation may; howeve

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