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History of the Irish state to 1014 - National Library of Scotland

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X SOCIAL GRADES 209work <strong>of</strong> lawyers out <strong>of</strong> <strong>to</strong>uch with reality. In a societywhere by ancient cus<strong>to</strong>m each class was allotted itsexact measure <strong>of</strong> public duty and public rights, and itslegal protection and compensation in case <strong>of</strong> acciden<strong>to</strong>r crime, it was necessary amid increasing wealth andgrowing industries <strong>to</strong> provide for finer distinctions in <strong>the</strong>law. A handy rule was needed <strong>to</strong> ensure that in everypetty court, and in every kingdom, <strong>the</strong>re should be <strong>the</strong>same measure for <strong>the</strong> value set on each man's oath orevidence or crime. When treaties were multipliedbetween <strong>the</strong> tuatha, and penalties or compensations had<strong>to</strong> be adjudged across <strong>the</strong> borders, or even carried onappeal <strong>to</strong> a distant court, a universal rule <strong>of</strong> guidance,based on oral tradition valid for <strong>the</strong> entire country, secureda uniform system <strong>of</strong> national law.The jurists <strong>of</strong> <strong>the</strong> central court were, as far as traditiontells, chosen for <strong>the</strong>ir distinction and ability from courts<strong>of</strong> <strong>the</strong> lesser kingdoms, where <strong>the</strong>y had been in immediate<strong>to</strong>uch with local agricultural life and knew all its problems.Out <strong>of</strong> <strong>the</strong>ir traditional and personal knowledge <strong>the</strong>ydeveloped a system <strong>of</strong> law singular in its time. One code,<strong>the</strong> national law <strong>of</strong> Ireland, covered <strong>the</strong> whole area <strong>of</strong> <strong>the</strong>country, and was accepted without conflict by all <strong>the</strong>hundred or so <strong>of</strong> petty kingdoms. No recalcitrant corner<strong>of</strong> <strong>the</strong> land remained as a refuge for criminals. Andthrough <strong>the</strong> centuries <strong>to</strong> come <strong>the</strong>re was never a revoltby any class, or in any region <strong>of</strong> Ireland, against <strong>the</strong>common accepted law <strong>of</strong> <strong>the</strong> whole people.REFERENCES, CHAPTER X.(i) P. 190. Eoin MacNeill : "Ancient <strong>Irish</strong> Law : The Law <strong>of</strong> Statusor Franchise" {R.LA. XXXVI, c. i6), pp. 265, 281, 311.These early law-tracts, re-translated by Dr. MacNeill, remain<strong>the</strong> foundation <strong>of</strong> any exact study <strong>of</strong> ancient <strong>Irish</strong> Laws. Thedetails in this chapter are taken from this work <strong>of</strong> Dr. Mac-Neill's except in cases where a quotation is noted as comingfrom ano<strong>the</strong>r source.A complete outline <strong>of</strong> <strong>the</strong> system is given in " CelticIreland," chap. VII, " Political Framework <strong>of</strong> Ancient Ireland."

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